Introduction
This page states the Terms
and Conditions under which you may use www.visualbubble.com
(the "Web Site"). Please read this page carefully.
If you do not accept these Terms and Conditions, do not use
the Web Site. By using the Web Site, you are indicating your
agreement to be bound by these Terms and Conditions. Visual
Technology Solutions Limited may revise these Terms and Conditions
at any time by posting an update to this page. You should
visit this page periodically, because your continued use of
the Web Site following the posting of changes to these Terms
and Conditions will mean you accept those changes. The terms
"you" and "user" as used herein refer
to all individuals and/or entities accessing the Web Site
for any reason.
Use of Material
The contents of the Web Site, including, but not limited
to, text, graphics, sounds, images and other material (the
"Material"), are owned by Visual Technology Solutions
Limited and its licensors and vendors, and are protected by
United Kingdom and foreign intellectual property laws. Unauthorised
use of the Material may violate copyright, trademark and other
laws. Visual Technology Solutions Limited authorises you to
view and download a single copy of the Material on the Web
Site solely for your personal, non-commercial use, provided
you retain all copyright and other proprietary notices contained
in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of
the Material on any other web site or in a networked computer
environment for any purpose is prohibited. You may not copy
or adapt the HTML or other code that Visual Technology Solutions
Limited uses to generate its pages. This code is also protected
by Visual Technology Solutions Limited copyright and other
intellectual property rights.
Software
Use of any software provided to you on the Web Site is subject
to the software license terms set forth in the Visual Technology
Solutions Limited End User License Agreement. If the software
is accompanied by an end user license agreement, then use
of the software will be governed by the terms of that license
agreement.
Site Use
General Rules: You may not use the Web
Site in order to transmit, distribute, store or destroy material
(a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or
violate the privacy, publicity or other personal rights of
others, or (ac) that is defamatory, obscene, threatening,
abusive or hateful.
Security Rules: You are prohibited from
violating or attempting to violate the security of the Web
Site or from using the Web Site to violate the security of
other web sites by any method, including, without limitation,
(a) accessing data not intended for you or logging into a
server or account which you are not authorised to access,
(b) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measurers without proper authorisation, (ac) attempting to
interfere with service to any user of the Web Site, host or
network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing"
the Web Site, (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging
any Visual Technology Solutions Limited packet header or any
part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result
in civil or criminal liability. Visual Technology Solutions
may investigate violations of these Terms and Conditions and
may involve and cooperate with law enforcement authorities
in prosecuting users of the Web Site who are involved in such
violations.
Specific Prohibited Uses: Visual Technology
Solutions Limited specifically prohibits any use of the Web
Site, and you agree not to use the Web Site, for any of the
following:
distributing or otherwise publishing, without Visual Technology
Solutions Limited approval, any material containing any solicitation
of funds, promotion, advertising, or solicitation for goods
or services;
soliciting other users of the Web Site to join or become members
of any online service; or
deleting or revising any material posted by any other person
or entity.
Trademarks
The absence of a trademark, product or service name or logo
from this list does not constitute a waiver of Visual Technology
Solutions Limited trademark or other intellectual property
rights concerning that name or logo.
All other products and company names mentioned in the Web
Site may be trademarks of their respective owners.
Linking to the Web Site
If you would like to link to the Web Site, you must comply
with the following. A web site that links to the Web Site:
may link to, but not copy, the Materials;
should not frame or create a browser or border environment
around the Materials;
should not imply that Visual Technology Solutions Limited
is endorsing your web site or your products;
should not misrepresent your relationship with Visual Technology
Solutions Limited;
should not present false information about Visual Technology
Solutions Limited products or services;
should not use Visual Technology Solutions Limited trademarks
or logos without permission from Visual Technology Solutions
Limited; and should not contain content that could be construed
as distasteful or offensive.
User Information
When you register for the Web Site, you will be asked to
provide Visual Technology Solutions Limited with certain information
including, without limitation, a valid email address (your
"Information"). Please see Visual Technology Solutions
Limited Privacy Policy for further details regarding Visual
Technology Solutions Limited use of your Information.
User Submissions
As a user of the Web Site, you are responsible for your
own communications and are responsible for the consequences
of their posting. You agree not to:
post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post
it;
post material that reveals trade secrets, unless you own them
or have the permission of the owner;
post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of
others;
post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other
person or entity;
post a sexually-explicit image or statement;
post advertisements or solicitations of business without Visual
Technology Solutions Limited approval;
post chain letters or pyramid schemes; or impersonate another
person.
Visual Technology Solutions Limited does not represent or
guarantee the truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed by users.
You acknowledge that any reliance on material posted by other
users will be at your own risk.
Visual Technology Solutions Limited has no obligation to
screen communications in advance and is not responsible for
screening or monitoring material posted by users. If notified
of communications that allegedly do not conform to these Terms
and Conditions, Visual Technology Solutions Limited may investigate
that allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
Visual Technology Solutions Limited has no liability or responsibility
to users for performance or non-performance of such activities.
Visual Technology Solutions Limited reserves the right (i)
to expel users and prevent their further access to the Web
Site for violating these Terms and Conditions or the law,
and (ii) to remove communications that are abusive, illegal,
disruptive or which otherwise do not conform to the provisions
of these Terms and Conditions.
By submitting content to the Web Site, including message
boards, forum, contests and chat rooms, you grant Visual Technology
Solutions Limited and its affiliates the royalty-free, perpetual,
irrevocable, non-exclusive right and license (including a
waiver of any moral rights) to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of
any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above.
You also permit any user of the Web Site to access, display,
view, store and reproduce such content for personal use. Subject
to the foregoing, the owner of such content placed on the
Web Site retains any and all rights that may exist in such
content.
Registration and Password
You are responsible for maintaining the confidentiality
of your user ID and password. You are responsible for all
uses of your user ID, whether or not authorised by you. You
agree to immediately notify Visual Technology Solutions Limited
of any unauthorised use of your user ID or password.
Visual Technology Solutions Limited Liability
The Material may contain inaccuracies or typographical errors.
Visual Technology Solutions Limited makes no representations
about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. We reserve the right, at
our discretion, to modify, add, or remove portions of the
Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any material placed
by you on the Web Site.
VISUAL TECHNOLOGY SOLUTIONS LIMITED DOES NOT WARRANT THAT
THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE
OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA,
VISUAL TECHNOLOGY SOLUTIONS LIMITED IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VISUAL
TECHNOLOGY SOLUTIONS LIMITED, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. VISUAL TECHNOLOGY SOLUTIONS
LIMITED MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS OR LINKS.
Disclaimer of Consequential Damages
IN NO EVENT WILL VISUAL TECHNOLOGY SOLUTIONS LIMITED, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR
THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISUAL TECHNOLOGY
SOLUTIONS LIMITED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third party web sites. These
links are provided solely as a convenience to you and not
as an endorsement by Visual Technology Solutions Limited of
the contents on such third-party web sites. Visual Technology
Solutions Limited is not responsible for the content of linked
third-party sites and does not make any representations regarding
the content or accuracy of materials on such third-party sites.
If you decide to access linked third-party sites, you do so
at you own risk.
Visual Technology Solutions Limited cannot ensure that you
will be satisfied with any products or services that you purchase
from a third-party site that links to or from Visual Technology
Solutions Limited, because these sites are owned and operated
by independent retailers. Visual Technology Solutions Limited
does not endorse any of the merchandise, nor has Visual Technology
Solutions Limited taken any steps to confirm the accuracy
or reliability of any of the information contained in such
third-party sites. Visual Technology Solutions Limited does
not make any representations or warranties as to the security
of any information (including, without limitation, credit
card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive
any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or off-line
transaction with any of these third parties.
Limitation of Liability
The aggregate liability of Visual Technology Solutions Limited
to you for all claims arising from the use of the Web site
and the Materials is limited to £100.
Termination
Visual Technology Solutions Limited reserves the right,
at its sole discretion, to immediately terminate your registration
with, or ability to access, the Web Site and/or any other
service provided to you by Visual Technology Solutions Limited,
upon any breach by you of these Terms and Conditions.
Indemnity
You agree to defend, indemnify, and hold harmless Visual
Technology Solutions Limited, its officers, directors, employees
and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material
or your breach of the terms of these Terms and Conditions.
Visual Technology Solutions Limited will provide notice to
you promptly of any such claim, suit, or proceeding and will
assist you, at your expense, in defending any such claim,
suit or proceeding.
General
Visual Technology Solutions Limited makes no claims that
the Materials may be lawfully viewed or downloaded outside
of the United Kingdom. Access to the Materials may not be
legal by certain persons or in certain countries. If you access
the Web Site from outside of the United Kingdom, you do so
at your own risk and are responsible for compliance with the
laws of your jurisdiction. These Terms and Conditions are
governed by the laws of the United Kingdom. Jurisdiction of
any claims arising under these Terms and Conditions will lie
exclusively with the courts within England and Wales. You
agree that you may not institute any action in any form arising
out of use of the Web Site, the Materials or these Terms and
Conditions more than eighteen (18) months after the cause
of action has arisen. If any provision of these Terms and
Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision will not affect
the validity of the remaining provisions of these Terms and
Conditions, which will remain in full force and effect. No
waiver of any provision of these Terms and Conditions will
be deemed a further or continuing waiver of such provision
or any other provision. Except as expressly provided in an
end user software license, or other statement by Visual Technology
Solutions Limited on the Web Site, these Terms and Conditions
constitute the entire agreement between you and Visual Technology
Solutions Limited with respect to the use of Web Site. No
changes to these Terms and Conditions may be made except by
a revised posting on this page.
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