All you need to know

Visualink's terms of use, privacy policy, and attributions

Terms of Use

Version 1.0

The Visualink website located at https://whimvisuals.github.io/Visualink-website/index.html# and the Visualink editor located at https://master--loving-banach-126f9c.netlify.app/ are copyrighted works belonging to Whim_. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Sites. BY LOGGING INTO THE SITES, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITES. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITES.

These Terms of Use were created with the help of the Terms Of Use Generator.

Access to the sites

Subject to these Terms. Whim_ grants you a non-transferable, non-exclusive, revocable, limited license to access the Sites solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Sites must be retained on all copies thereof.

Whim_ reserves the right to change, suspend, or cease the Sites with or without notice to you. You approved that Whim_ will not be held liable to you or any third-party for any change, interruption, or termination of the Sites or any part.

No Support or Maintenance. You agree that Whim_ will have no obligation to provide you with any support in connection with the Sites.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sites and their content are owned by Whim_ or Whim_’s suppliers. Note that these Terms and access to the Sites do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Whim_ and its suppliers reserve all rights not granted in these Terms.

Third-Party Links; Other Users

Third-Party Links The Sites may contain links to third-party websites and services. Such Third-Party Links are not under the control of Whim_, and Whim_ is not responsible for any Third-Party Links. Whim_ provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Whim_ will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Disclaimers

The Sites are provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Sites will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Sites, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Whim_ or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Sites even if Whim_ has been advised of the possibility of such damages. Access to and use of the Sites is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty Euros (€50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Sites will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Whim_ will not have any liability to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy

Whim_ respects the intellectual property of others and asks that users of our Sites do the same. In connection with our Sites, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Sites. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites. Continued use of our Sites following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Whim_ and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Whim_ that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Whim_, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Whim_ should be sent to: Wegedornstraße 32, 12524 Berlin Germany. After the Notice is received, you and Whim_ may attempt to resolve the claim or dispute informally. If you and the Whim_ do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules.You can find the Arbitration Rules from the International Chamber of Commerce here: https://iccwbo.org/publication/arbitration-rules-and-mediation-rules/.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the ICC Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICC Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Sites or send us emails, or whether Company posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Sites are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: Whim_ Startup, Wegedornstraße 32, 12524 Berlin Germany

Email: whimstartup@gmail.com


Privacy policy

Personal data

The current prototype of the Visualink editor works completely offline. However, we use MixPanel to track the performance of our website and social media content.

Cookie Declaration

If you contact us (the Whim_ Team) via E-Mail, hotline, or one of the forms on our Website, we may collect the following Personally Identifiable Information ("PII"):

  • Name
  • Email address
  • Telephone number

You make the decision whether to proceed with our request for your PII. However, if you decide not to provide the requested information, we will be unable to respond.

By submitting your concern, you warrant and promise that you are 13 years of age or older (or 16, if you are a citizen of the EU). Whim_ does not intend to collect PII from anyone under the age of 13 (or 16, if you are a citizen of the EU).

How we use your personal information

When you request information from Whim_ regarding, we use PII for the purpose of communicating with you, including:

  1. Responding to your request.
  2. Providing customer support.
  3. Sending you emails with information regarding Visualink.

Whim_ will not sell your PII to anyone.

Users who no longer wish to receive our communications may opt out of receiving these communications by replying to an email communication, writing “unsubscribe” in the subject line, or by simply emailing us at whimstartup@gmail.com.

Whim_ may disclose to authorized law enforcement personnel PII from anyone who poses a threat. This might include those that are attempting to commit fraud, or those who conduct activities that could bring harm to others. We assume that this is not you, so please don’t worry.

Our Web pages may contain links to other sites. We do not share PII with those websites and are not responsible for their privacy policies. We encourage you to learn about the privacy policies of those companies.

Consent

By accessing the Visualink website or the Visualink editor, you consent to the terms of this Privacy Policy. Whim_ reserves the right to modify this policy at any time. If there are material changes to this statement we will prominently post these changes prior to implementing them. If you use our website after we post these changes, this indicates your acceptance of them. Regardless of later updates, we will follow the specific policy as described in this statement at the time you provided us with your information.

Specific Rights for EU citizens

  • Data Portability - you have the right to have your data sent to you upon request. You may request your data by reaching out to whimstartup@gmail.com.
  • Right to be Forgotten - You have the right to erasure of PII if: (a) it's no longer needed for the original purpose (& no new lawful purpose exists), (b) you revoke consent & there's no other lawful basis for processing, (c) the PII has been processed unlawfully, and (d) erasure is necessary for compliance with EU law or the national law of the relevant member state.
  • Right of Rectification - if Whim_ is acting as Controller with regards to your PII we ensure that inaccurate or incomplete data is erased or rectified and you have the right to rectification or inaccurate PII.
  • Right of Transparency & Access - you have the right to obtain (among other things): (a) confirmation of whether and where we are processing your PII, (b) information about the purposes of the processing.

Attributions

Editor

The first prototype of the Visualink editor is an advancement of the React Design Editor by Sung Gyun Oh (salgum1112@gmail.com) published under MIT license.

Copyright © 2018 Sung Gyun Oh

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Icons

The Visualink editor, the Visualink website and social media use modified and unmodified icons from the following icon databases:
Ant Design, Bootstrap, Evil Icons, Feather, FontAwesome Free, Fontisto, Foundation, Ionicons, Material Design, Simple Line Icons, Tabler Icons.

The following icon collections are published under MIT License:

Ant Design: Copyright © 2015-present Ant UED, https://xtech.antfin.com/
Bootstrap: Copyright © 2011-2020 Twitter, Inc. / Copyright © 2011-2020 The Bootstrap Authors
Evil Icons: Copyright © 2014 Alexander Madyankin , Roman Shamin
Feather: Copyright © 2013-2017 Cole Bemis
Fontisto (Code license): Copyright © 2017 Fontisto(@kenangundogan), Inc.
Foundation: Copyright © 2012 ZURB, http://www.zurb.com/
Ionicons: Copyright © 2015-present Ionic (http://ionic.io/)
Simple Line Icons: Copyright © 2016 Sabbir Ahmed & All Contributors
Tabler: Copyright © 2020 Paweł Kuna
For all icons from the collections above, the following license holds:

MIT license

Permission is hereby granted, free of charge, to any person obtaining a copy of this software
and associated documentation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The following icon collections are published under Apache License 2.0:

Material Design: Copyright © Google Inc.
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

The following icon collections are published under CC BY 4.0 License:

FontAwesome Free: Copyright © Fonticons, Inc.
You may obtain a copy of the License at
https://creativecommons.org/licenses/by/4.0/

The following icon collections are published under CC BY 3.0 License:

Fontisto (Documentation): Copyright © 2017 Fontisto(@kenangundogan), Inc.
You may obtain a copy of the License at
https://creativecommons.org/licenses/by/3.0/