legal
website terms of use
Welcome to visiblesoul.net (the "Website") owned and operated by Don K. Colburn / Visible Soul Web Design ("Visible Soul"). Please read these Terms of Use and the accompanying Privacy Policy carefully before using this Website and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address). By using this Website, you signify your agreement to these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and/or the Privacy Policy, do not use this Website.
- Copyright and Trademarks
- The names and marks Visible Soul™, Visible Soul Web Design™, Let there be art™, and Keepin' it between the cyber-ditches™ are trademarks (™) of Visible Soul and are owned by Don K. Colburn / Visible Soul. All materials, including but not limited to images, logos, audio and video clips, animation, diagrams, photographs, text, original concepts, coding, templates, layout and any and all information of any kind in any form (the "Materials"), incorporated into, published or otherwise exhibited on this Website are protected by copyright or other intellectual property rights and are owned and controlled by Visible Soul or third parties who have licensed Visible Soul the right to include the Materials in this Website. Any copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution of any Materials is strictly prohibited and will be considered a violation of Visible Soul’s intellectual property rights and could result in legal liability and/or criminal sanction.
- Disclaimer
- The Material provided on this Website are for informational, educational and/or entertainment purposes only. Visible Soul makes no warranties regarding the reliability, truthfulness, accuracy or completeness of any Materials. Unless otherwise stated expressly, any opinion, view or idea expressed in any article, review or story, or any content contributed or published by visitors in chat rooms or on bulletin boards or otherwise disseminated or sent to Visible Soul or others on or via this Website ("Visitor Content") is the author’s own and does not reflect the views of Visible Soul or its affiliated and related entities, or its partners, sponsors, advertisers or content providers. Neither Visible Soul, its affiliated and related entities, partners, advertisers, sponsors or content providers are liable to any person or entity whatsoever for any loss, damage, injury, liability, claim or any other cause of action of any kind arising from the use, dissemination of or reliance on any Materials or Visitor Content provided on this Website. You agree to use this Website entirely at your own risk. Visible Soul and its affiliated and related entities, its partners, advertisers, sponsors and content providers disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose or that the Website will function error free or uninterrupted or that this Website or the servers that make it available for use are free of viruses or defects. Visible Soul and its affiliated and related entities, its partners, advertisers, sponsors and content providers shall not be held liable for any information, services or products that are provided or offered by websites that are linked to this Website. The links to other websites are provided only as a convenience to you and do not constitute any endorsement of the linked websites or any information, services or products that are provided or offered by the linked websites. You agree that you use any linked websites entirely at your own risk.
- Visitor Content and Indemnification
- Any Visitor Content provided by you to Visible Soul on its bulletin boards, chat rooms or other means shall become the property of Visible Soul throughout the universe in perpetuity and Visible Soul shall have the right to publish, reproduce, disseminate, exhibit or otherwise distribute and use the Visitor Content in all media now known or hereafter devised. By submitting Visitor Content to the Website, you agree to represent and warrant that such Visitor Content shall not contain any libelous, defamatory, obscene, illegal, threatening or abusive materials and shall not infringe any intellectual property right or any other right of any person or entity and shall not breach any law. By visiting and using this Website, you signify your agreement to save Visible Soul, it’s affiliated and related entities, its officers, directors and employees harmless from any and all damages, legal actions or causes of action that may now or hereinafter arise as a result of your use of the Website and your breach of these Terms of Use and/or any representations and warranties related to the Visitor Content. Visible Soul monitors the use of its bulletin boards, chat rooms and any posted materials and reserves the right to remove any Visitor Content and block access to any visitor for any reason at its sole discretion.
- Jurisdiction
- This Website is owned and controlled by Don K. Colburn / Visible Soul, a company located in the city of Corpus Christi, Texas, USA. This Website is presented for informational, educational and entertainment purposes to visitors located in the USA. Neither Visible Soul nor its affiliated or related entities make any representation, express or implied, that this Website will be available for use in or comply with the law of any country other than the USA. By using this Website, you agree that these Website Terms of Use and Privacy Policy shall be governed, construed and enforced in accordance with the laws of Nueces County, Texas as it is applied to contracts entered into and performed entirely within such county and you submit to the jurisdiction of the courts of such county.
website privacy policy
Don K. Colburn / Visible Soul Web Design ("Visible Soul") is committed to respecting the privacy concerns of its visitors to visiblesoul.net ("the Website"). Visible Soul has created this privacy policy (the "Policy") to establish guidelines that will govern the collection, use, protection and disclosure of the personal and non-personal information of its visitors.
Visible Soul collects three kinds of information from this Website: (1) your voluntarily provided personal information; (2) anonymous non-personal information; and (3) "cookie" based information.
- (1) Personal Information:
- Visible Soul does not automatically collect personal information, such as name, address, phone number, email address and other personally identifiable information, from its visitors ("Personal Information"). From time to time, Visible Soul will collect Personal Information that is voluntarily provided by its visitors in filling out web forms, subscribing to newsletters, registering on bulletin boards or download sections, and other activities carried out on the Website. Visible Soul will only collect and use such Personal Information solely for the purpose(s) disclosed by Visible Soul at the time of collection and only after the visitor has voluntarily agreed to such collection and use, by clicking "I agree" (or similar verbage) on the online form. Visible Soul also sometimes use email addresses that have been voluntarily provided by its visitors to respond to visitors who communicate with us or to subscribe to newsletters. All newsletter emails from Visible Soul to its visitors include instructions on how to discontinue receipt of emails, newsletters and other communication from Visible Soul and visitors can discontinue such communication at any time. Email addresses from visitors who wish to discontinue receipt of Visible Soul's emails will be removed from Visible Soul's distribution list and data bases. All Personal Information that may identify a visitor and has been collected with the visitor's consent by Visible Soul is not disclosed in any identifiable form to any other party outside the company except for the fulfillment of the specific purpose identified to the visitor at the time of collection. However Visible Soul may disclose such information in anonymous, aggregated and non-personally identifiable form to other parties for marketing, advertising or other purposes and to better understand visitor's use of the Website. At any time, a visitor may send an email to Visible Soul to request that Personal Information be changed, removed or updated in Visible Soul's databases.
- Visible Soul may also collect contact information which our users divulge about other people, such as referrals or gift purchases.
- Clients and customers of Visible Soul may be subscribed to two important newsletters. Out of respect for the privacy of our users we present the option to unsubscribe from these types of communications. There are two newsletters currently available.
- Important Client Updates newsletter is sent only when warranted by website security considerations or important software upgrades. Visible Soul clients are encouraged to subscribe to this mailing list to receive important updates relevant to their website. This newsletter does not contain additional announcements from us about products, services, or special deals.
- Visible Soul Newsletter is an informational newsletter written by Don K. Colburn (aka. visiblesoul) with resources and tips that any website owner will appreciate. Monthly or Bimonthly. This newsletter contains additional announcements from us about products, services, special deals only available to newsletter subscribers.
- Visitors should exercise caution when they disclosed personally identifiable information on bulletin boards or chat rooms on this Website or any other website. Such areas are accessible by anyone and may result in the visitor receiving unsolicited messages from other people and/or companies. Although Visible Soul is committed to protecting the Personal Information provided to it by its visitors in compliance with this Privacy Policy, it cannot guarantee the security of information, whether personal or otherwise, that visitors disclose online to publicly accessible bulletin boards or chat rooms.
- (2) Anonymous Non-Personal Information:
- When visitors visit the Website, anonymous, non personal information about their visit is automatically collected. Such information may include the length and date of the visit, how the visitor navigated the Website, what pages the visitor viewed, the type of browser being used by the visitor, the type of operating system used by the visitor and the domain name of the visitor's Internet service provider. Visible Soul uses this Anonymous Non-Personal Information to track the success of its Website with its visitors and to better tailor the Website to visitors' needs and interests. This Anonymous Non-Personal Information may be shared with other parties, such as advertisers, sponsors and partners.
- (3) Cookie-based Information
- Visible Soul may use cookies on its Website. "Cookies" are pieces of information that a website transfers to a visitor's hard drive for record keeping and identification purposes. Cookies are used to make the visitor's use of a website easier by saving visitor preferences and passwords and to identify which areas of the Website are popular and which areas need improvement and how to target certain advertising to its visitors. Visible Soul does not use cookies to collect personally identifiable information except in connection with a password protected online registration for forum login or other service and only with the visitor's informed consent. Visitors may visit the Website with its cookies turned off to avoid the collection of Cookiebased Information.
- Banner advertising appearing on some areas of the Website may collect cookie based information. Third parties such as google.com and westhost.com may collect the following types of information at our Website via web banners: IP address, referring website, country, and other Non-Personal Information. For more information see Google's privacy policy and WestHost's privacy policy.
- Linked Websites
- This Website may be linked to other websites. These linked websites are not under the control of Visible Soul and have their own privacy policies. Visitors should ensure that they read and understand how their Personal Information may be collected, used, and disclosed by the linked websites as Visible Soul is not responsible for and shall not be held liable for any procedures, policies or activities of any websites linked to the Website.
- Visitor's Consent to Privacy Policy
- By visiting and using this website, the visitor agrees to the Privacy Policy and the terms of use ("Terms of Use") linked to this Privacy Policy. If you do not agree to the Privacy Policy do not use this Website or provide Personal Information to Visible Soul. If you wish to amend, update or remove the Personal Information already provided, contact Visible Soul.
- Accountability
- Visible Soul takes its commitment to securing privacy very seriously. From time to time, Visible Soul may amend or update this Privacy Policy to comply with visitor concerns, best practices and/or the law. If our policy on information collection or uses changes, will advise you by updating this web page. If you have any questions, concerns or comments, feel free to contact us.
other website credits
- Thanks are due to the following individuals and companies for providing content used on the visiblesoul.net Website:
- Icons: Most of the high quality icons used on visiblesoul.net are from the "Silk" icons set created by Mark James of famfamfam.com.
- Stock Photos: In addition to original Visible Soul proprietary images, visiblesoul.net uses licensed images by Phil Date Photography, Lise Gagné infographiste et photographe, Fleyeing, Amanda Rohde Photography, Ronald N Hohenhaus, Peter Chen, Alliance Digital Arts Studio, and Andres Rodriguez. All stock photos are licensed to visiblesoul.net and are copyrighted by the respective photographers.
- Legal Templates: Privacy Policy template and Terms of Use template provided by Bell Broadcast and New Media Fund
- Services: SiteUptime Web Site Monitoring - Receive email and SMS alerts anytime your web site goes down.