Concept.vu

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Concept.vu

Terms of Service

Defined Terms

  • (a) ‘we’, ‘us’ means Concept.vu Pty Ltd with its registered office at 3/12-16 Chippen St, Chippendale NSW 2008 Australia, and, where it would be appropriate in the context, includes Concept.vu Pty Ltd’s parent, subsidiary or affiliated entities and all officers, employees and contractors of Concept.vu Pty Ltd or its parent, subsidiary or affiliated entities.
  • (b) ‘you’ means the person or entity entering into this agreement by accepting our offer to supply the Service on the terms and conditions of this agreement. That person will be the person in whose name your account is held.
  • (c) ‘the Concept.vu Service’ means the features and functionality provided by the Concept.vu online platform for the purposes of sharing content for review and approval.
  • (d) ‘agency account’ means a Concept.vu account with administrator rights for the purposes of creating Concept.vu projects and sharing content.
  • (e) ‘regular account’ means a Concept.vu account without administrator rights for the sole purpose of reviewing and approving content.

Terms of Service

By using the Concept.vu service provided by Concept.vu Pty Ltd, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  • You must be 14 years or older to use Concept.vu.
  • You are responsible for any activity that occurs under your Concept.vu account.
  • You are responsible for keeping your password secure.
  • You may not use Concept.vu for any illegal or unauthorized purpose. Users outside of Australia agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any content that you post, upload, share, publish, display or submit (collectively, "post") on Concept.vu.
  • You must not modify, adapt or hack Concept.vu or modify another website or application so as to falsely imply that it is associated with Concept.vu.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of Concept.vu, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Violation of any of these agreements will result in the termination of your Concept.vu account. You understand and agree that Concept.vu Pty Ltd cannot be responsible for the Content posted on the Concept.vu web site and you nonetheless may be exposed to such materials and that you use Concept.vu at your own risk.

General Conditions

We reserve the right to modify or terminate the Concept.vu service for any reason, without notice at any time.

We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via the email address that you provided on signing up for Concept.vu. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

We reserve the right to refuse service to anyone for any reason at any time.

You agree to reasonable usage of the Concept.vu service in terms of data transfered and bandwidth. What constitutes a "reasonable usage " will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. We reserve the right to limit unreasonable usage.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

We reserve the right to review and possibly reject any Concept.vu subdomain name that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Although the Concept.vu service is normally available, there will be occasions when the service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Concept.vu Pty Ltd.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the services or any services or items obtained through the services or to your downloading of any material posted on it, or on any services linked to it.

Concept.vu Pty Ltd hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

In no event will Concept.vu Pty Ltd, be liable for damages under any legal theory, arising out of or in connection with your use, or inability to use, the services, any content on the services or such other services or any services or items obtained through the services or such other services, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. In all events, liability under these Terms of Use shall not exceed the amounts received from you for the Concept.vu service.

These Terms of Use are governed by the laws of New South Wales, Australia. Any suit or proceeding relating to these Terms of Use will be instituted exclusively in the courts of New South Wales, though we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Payment

Although some of Concept.vu’s services require no type of payment, some of the services do require a fee.

For fee-based services, you are responsible for providing a valid credit card number or other payment information Concept.vu accepts. You also represent and warrant that you are an authorized user of such credit card or account, and you agree to pay all applicable charges.

You agree that Concept.vu may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. Credit cards or other payment services will be billed according to whichever payment plan you selected at the time of registration.

You will be given the option of being billed for services on either a monthly or annual basis, and the fee may vary depending on whether you choose monthly or annual billing. Amounts paid are non-refundable. Concept.vu does not provide refunds or credits for partial periods of service. All fees listed are exclusive of any taxes, levies, duties or tariffs that applicable taxing authorities may impose. You are responsible for payment of any applicable taxes, levies, duties, tariffs or other similar fees.

Concept.vu uses a third party billing service to process payments. Concept.vu does not obtain or retain user credit card numbers. By providing Concept.vu with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service Concept.vu utilizes for managing payment.

Account Modifications

During the term of this Agreement, you may decide to update or modify the services provided to you. Changes in services may result in a change in fees charged. If you request an upgrade to your account, you will be billed on a pro-rata basis for any additional amounts owed for the upgraded services. No refunds will be issued for a downgrade in user services. Any downgrade in services may result in an immediate loss of access to content or services associated with the services that are removed during any downgrade.

Termination by Concept.vu

Concept.vu may terminate your account and access to your account immediately and at any time upon breach by you of the terms of this Agreement or upon a reasonable belief by Concept.vu of a breach by you. Concept.vu may also terminate accounts for any reason by providing at least thirty (30) days notice via e-mail to e-mail accounts associated with your account or by posting notices on its website of the intent to terminate any account or accounts.

Termination by You

You may terminate your account with Concept.vu at any time by either selecting account termination within the user account settings of your account or contacting Concept.vu in writing to request account termination. If terminated at least three (3) business days before the next billing cycle for your account, Concept.vu will not bill your account for the subsequent billing cycle. You will not, however, receive a refund for any fees already paid to Concept.vu upon termination of your account.

Proprietary Rights in Content on the Concept.vu Service

Concept.vu Pty Ltd does not claim any ownership rights in the text, images, photos, video, sounds, files, works of authorship, or any other materials (collectively, "Content") that you post on Concept.vu. In order for us to provide the Concept.vu service, you hereby grant to Concept.vu Pty Ltd a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content in or through Concept.vu to you and to those other users with whom you choose to share such Content.

You represent and warrant that: (i) you own the Content posted by you on or through Concept.vu or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through Concept.vu does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content in Concept.vu does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on Concept.vu.

Concept.vu contains Content of Concept.vu Pty Ltd ("Concept.vu Pty Ltd Content"). Concept.vu Pty Ltd Content is protected by copyright, trademark, patent, trade secret and other laws, and Concept.vu Pty Ltd owns and retains all rights in the Concept.vu Pty Ltd Content and the Concept.vu Service. Concept.vu Pty Ltd hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Concept.vu Pty Ltd Content (excluding any software code) solely for your personal use in connection with using the Concept.vu Service.

Concept.vu Pty Ltd may perform technical functions necessary to offer the Concept.vu Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Concept.vu Service.

Also, although Concept.vu Pty Ltd will normally only delete Content that violates this Agreement, Concept.vu Pty Ltd reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Concept.vu Pty Ltd in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Concept.vu Pty Ltd encourages you to maintain your own backup of your Content. In other words, the Concept.vu Service is not a backup service. Concept.vu Pty Ltd will not be liable to you for any modification, suspension, or discontinuation of the Concept.vu Service, or the loss of any Content.