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TERMS AND CONDITIONS OF USE

These terms and conditions apply between you, the User of this Website, and VIVI Design, the owner(s) of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

DEFINITIONS AND INTERPRETATION

  1. In these terms and conditions, the following definitions are used:

    Content any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
    VIVI Design the owner and operator of the Website known as VIVI Design, as identified at the end of these terms and conditions;
    Service collectively any online facilities, tools, services or information that VIVI Design makes available through the Website either now or in the future;
    System any online communications infrastructure that VIVI Design makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
    User/Users or you any third party that accesses the Website and is not either (i) employed by VIVI Design and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to VIVI Design and accessing the Website in connection with the provision of such services; and
  2. In these terms and conditions, unless the context requires a different interpretation:

    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. ‘including’ is understood to mean ‘including without limitation';
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of these terms and conditions.

 

INTELLECTUAL PROPERTY AND ACCEPTABLE USE

  1. All Content included on the Website, unless uploaded by Users, is the property of VIVI Design, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of VIVI Design.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify VIVI Design for all claims resulting from Content you supply.