The following terms and conditions (including for clarification our Acceptable Use Policy) apply to your use of this Website. By using this Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not use this Website. We may vary these terms and conditions from time to time. We will notify you of any changes by posting an updated version of these terms and conditions on our Website. You agree to check our Website regularly and to be bound by such terms as are in effect at any given time.
In these terms and conditions the terms "we", "us" and "our" refer to Virtual Studios Limited, and "you" and "your" refer to you as the user of this Website.
Upon payment by you of the applicable charges, we will allocate you a [User name and login Password] to allow you to access the Website. You are responsible for maintaining the privacy and secrecy of your password and login details, and for preventing any unauthorized use of this information. You are liable for and will indemnify us in relation to any unauthorized use of your registration, password or login details.
In consideration for the payment by you of the applicable charges we grant you the right to use the Virtual Studios website including for clarification the information, images, recordings and tools contained on this Website (the "Materials") provided that --
You must be aged 18 or over to use this Website. All registration, payment and other information you provide to us is warranted by you to be accurate and complete. You also warrant that you will not violate any applicable law or regulation when using this Website.
We do not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this Website or any linked website or the Materials, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website or any linked website. You must ensure that your access to and use of this Website (including for clarification the Materials) is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure the processes which you employ for accessing and using this Website does not expose you to risk of viruses or other forms of interference which may damage your own computer system. For removal of doubt, we do not accept responsibility for any interference or damage to your own computer systems which arises in connection with your accessing of this Website or any linked website, or use of the Materials.
We take reasonable care to ensure the information we provide on this Website is accurate. However we do not make any representations, warranties or guarantees of any kind that the information provided on this Website is complete and accurate or that the information is suitable for your intended use or circumstances or fit for your purposes. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
We use reasonable measures to make sure that this Website is available 24 hours a day/7 days a week. However, there may be occasions when access to the Website will be interrupted for maintenance, upgrades and emergency repairs or due to failure of communication and computer equipment or other circumstances that are beyond our reasonable control. We take reasonable steps to minimize any such disruption where it is within our reasonable control. You agree that we shall not be held liable to you for any modification, delay, unavailability or discontinuance of all or any part of the Website including for clarification any of the Materials. It is your responsibility to create backups of any content that you upload to the Website.
Virtual Studios may (without any liability to you) alter, amend or withdraw any Materials or services offered through the Website at any time and without prior notice. We also reserve the right to vary our charges, our charging structure, and/or to introduce new charges at any time, on ten days notice, which may be sent to you by email or posted on our Website, at our discretion. Your use of the Website after notification of such changes constitutes your acceptance of the revised terms and charges.
The Website may contain links to linked third party websites. These links are not controlled by us. Links are provided for your convenience only, and do not imply that we check, endorse, approve or agree with the third party websites. Third party websites will likely have their own restrictions on how you may wish to use the content on those websites and what responsibility the website provider will accept in relation to the content. You should ensure you read and comply with these.
Our links to linked websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those linked websites.
This Website and all Materials and other content, including all media, software, text, images, graphics, user interfaces, sound recordings, videos, photographs, logo, artwork, digital products, clips and other content on the Website including, without limitation, the design, selection, arrangement and coordination of such content is owned by Virtual Studios Ltd or its licensors, and is protected by copyright, trade mark and other intellectual property rights laws. You acknowledge and agree that you will not acquire any intellectual property rights, aside from a non-exclusive license to use the Materials in accordance with these terms, and that all such rights are and shall remain vested in Virtual Studios Ltd or its licensors.
You may use the Materials for the sole and exclusive purpose of creating internet presentations, and not for redistribution or sale in any other medium. You are expressly prohibited from distributing, exchanging, modifying, passing off, making derivative works of, selling or re-selling or transmitting to any other person any Materials, content or images obtained from the Website.
This Website may now, or in the future, permit the uploading of videos or other communications or digital content submitted by you and other users, and the hosting, sharing, and/or publishing of such uploads. You understand that whether or not such uploads are published, we do not guarantee any confidentiality with respect to them. You shall be solely responsible for your own uploads and the consequences of posting or publishing them. In connection with these uploads, you warrant and unconditionally guarantee that any elements of text, graphics, photos, music, sound effects, voice files, designs, trade marks or other artwork provided or made available by you for inclusion in the presentation interface are owned by you, or that you have permission from the rightful owner to use each of these elements. We will not be liable for any claim arising from the use of such elements furnished by you, and you hereby agree to indemnify us and our affiliates, distributors and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any violation of these terms or any third party rights.
Subject to the restrictions and limitations regarding your use of the Website and the Materials as set out in these terms and conditions, Virtual Studios warrants that it holds or has obtained sufficient rights to the Materials to grant you the rights set out in these terms and conditions provided however that we make no warranty nor will we be liable to you in relation to any Materials which (a) have been modified by you; (b) have been combined by you with other images, products, content or materials; or (c) we have instructed you not to use.
Except as expressly set out in these terms and conditions, Virtual Studios Limited makes no warranties (express or implied) with respect to this Website or the Materials or to its performance of its obligations under these Terms and Conditions. We do not warrant that any caption information is accurate. We make no other warranty, express or implied, regarding the materials or any rights or licenses under these terms and conditions including without limitation that the Website and/or the Materials are error free, the implied warranties of merchantability, title, fitness for a particular purpose, title or non infringement. We further disclaim all warranties, representations and guarantees, either express or implied, regarding merchantability, suitability and fitness for a particular purpose of the Website and the Materials, accuracy and completeness of this Website or the Materials or the content on or accessed through it and any services provided by us in relation thereto.
Virtual Studios Limited shall in no way be responsible for any liability flowing directly or indirectly from material published on the Website by parties other than us including, without limitation, inappropriate imagery and/or script content, defamatory comments or intellectual property infringements, and you hereby agree to indemnify us and our affiliates, distributors and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any violation of these terms. Neither Virtual Studios Ltd nor any of its directors, officers, employees, partners, licensors or agents will be liable for any indirect, consequential, punitive, special, economic or incidental loss or damage arising out of the use of, or the inability to use the Website or any Materials.
WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, DAMAGE TO REPUTATION, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT WE ARE HELD TO BE LIABLE TO YOU YOU AGREE THAT OUR TOTAL LIABILITY IS CAPPED AT THE DOLLAR AMOUNT YOU HAVE PAID TO US IN RELATION TO YOUR USE OF THE WEBSITE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM TO WHICH SUCH LIABILITY ARISES.
You will indemnify and defend Virtual Studios and its licensors against all claims, liability, damages costs and expenses, including reasonable legal fees and expenses (on a solicitor and client basis), arising out of or related to (a) any breach of these Terms and Conditions (including for clarification our Acceptable Use Policy); (b) the use or modification of any Materials or combination of any Materials with any other material (c) your failure to abide by any restriction regarding the use of this Website and/or any Materials; or (d) any claim by a third party relating to the use of the Materials, alone or in combination with any other material.
The provisions of the New Zealand Consumer Guarantees Act 1993 will not apply where you are accessing this Website for business purposes.
Should any part of these terms and conditions be held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such terms nor of the right to enforce such provision.
We may terminate or suspend or withdraw your access to the Website and/or any Materials immediately, without prior notice or liability, if you fail to pay any amounts when due or are otherwise in breach of these terms or conditions. You will reimburse us for any costs or expenses we incur in enforcing our rights or your obligations under these terms and conditions. Our charges are not refundable and an early termination fee may apply where you seek to terminate a fixed term pricing plan prior to the expiry of its then current term. Those terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These terms and any matters or disputes connected with this site will be governed by New Zealand laws and will be subject to the exclusive jurisdiction of the New Zealand courts.
We are committed to safeguarding your privacy and in terms of the Privacy Act 1993 (NZ), we inform you of the purpose for which your personal information will be used by us and your rights in respect of that information.
We collect, retain and update personal information about you which you provide through your use of this Website and its services.
We intend to use this information in connection with the monitoring and marketing of existing and future products and services, as well as keeping you informed of developments.
You are entitled to access and correct the personal information we hold about you at any time by emailing info@websitetelly.com.
Otherwise, you consent to the collection of your details by us for the purposes outlined above and for us to retain, use and disclose that information as required and outlined above.
We use commercially reasonable technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we will attempt to notify you electronically, and post a notice on the Website, so that you can take appropriate protective steps.
Access to this Website or any of the Materials on this Website may be terminated at any time by us without notice. Our disclaimer and limitation on liability will nevertheless survive any such termination.
© Virtual Studios Ltd 2007. All rights reserved. All intellectual property on this Website including, without limitation, the text, graphics and copyright works, is owned by Virtual Studios Ltd or its licensors. Virtual Studios Ltd is the exclusive owner of all rights in the compilation, design and layout of this Website.
