TERMS AND CONDITIONS
OF ACCESS AND USE OF THE VVE SERVICE
BY ACCESSING OR USING THE LINIUS VVE PLAY WEBSITE OR ANY APPLICATIONS, APIs OR SERVICE MADE AVAILABLE TO YOU VIA THE LINIUS VVE PLAY WEBSITE (VVE SERVICE) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (TERMS). THE VVE SERVICE IS OWNED AND OPERATED BY LINIUS SOLUTIONS PTY LTD ACN 617 640 221 (LINIUS).
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE VVE SERVICE.
- Your use of the VVE Service is for your own personal and non-commercial use only. You acknowledge that, as between Linius and you Linius is the sole owner of all content on the VVE Service, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video, data, files and other material appearing on the VVE Service (Linius Content), except where excluded by law. The VVE Service and the Linius Content are protected by worldwide copyright, trade mark and patent laws and other intellectual property laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Linius Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Linius Content.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you create via the VVE Service (Your Content).
- You may not use the VVE Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the VVE Service and Your Content, including but not limited to, worldwide copyright laws and other intellectual property laws.
- Your Content must not: (a) constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or otherwise create liability or violate any law or regulation; (b) infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (c) be unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; or (d) contain viruses, corrupted data or other harmful, disruptive or destructive files.
- Linius takes no responsibility and assumes no liability for Your Content or any other content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Linius liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the VVE Service is at your own risk.
- Linius reserves the right, and has absolute discretion, to remove, screen or edit any of Your Content on the VVE Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any of Your Content on the VVE Service at your sole cost and expense.
- If you submit or post Your Content to the VVE Service you grant Linius a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such of Your Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Linius and its sublicensees the right to use the name that you submit in connection with such content, if Linius or they choose.
- You must not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the VVE Service or any part thereof. You must not change, modify, adapt or alter the VVE Service or change, modify or alter another website so as to falsely imply that it is associated with Linius or the VVE Service.
- You must not interfere or disrupt the VVE Service or servers or networks connected to the VVE Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any webpage is rendered or displayed in another user’s browser or device.
- You must not attempt to restrict another user from using or enjoying the VVE Service and you must not encourage or facilitate violations of these Terms by any person or organisation.
- Linius reserves the right to modify or terminate the VVE Service or your access to the VVE Service for any reason, without notice, at any time, and without liability to you. If Linius terminates your access to the VVE Service, Your Content may persist and appear within the VVE Service or elsewhere.
- Linius reserves the right, in its sole discretion, to change these Terms at any time and from time to time, and when doing so Linius will endeavour to provide reasonable advance notice. You agree that Linius may notify you of the updated Terms by posting them on the Linius VVE Play website, and that your use of the VVE Service after the effective date of the updated Terms constitutes your agreement to the updated Terms.
- Linius reserves the right to refuse access to the VVE Service to anyone for any reason at any time.
- To the fullest extent permitted by applicable law: (a) the VVE Service and the content and materials contained therein are provided on an “as is” basis without warranties of any kind, either express or implied, except as expressly provided to the contrary in a writing by Linius; (b) Linius, and its related companies, directors, officers, employees, contractors and agents (Linius Parties) disclaim all other warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the VVE Service, including any information, content or materials contained therein; (c) Linius does not represent or warrant that content or materials on the VVE Service are accurate, complete, reliable, current or error-free; (d) Linius is not responsible for typographical errors or omissions relating to text or photography; and (e) while Linius attempts to make your access and use of the VVE Service safe, Linius cannot and does not represent or warrant that the VVE Service or our servers are free of viruses or other harmful components, and therefore, you should use industry-recognized software to detect and disinfect viruses from any download. No advice or information, whether oral or written, obtained by you from Linius or through the VVE Service will create any warranty not expressly stated herein.
- To the fullest extent permitted by applicable law: (a) in no event shall Linius or the Linius Parties be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the VVE Service, the content or the materials, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Linius, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Linius’s records, programs or the VVE Service; and (b) in no event shall the aggregate liability of Linius, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the VVE Service exceed the amount paid by you, if any, for accessing the VVE Service during the 12 months immediately preceding the date of the or one hundred dollars, whichever is greater.
- You agree to indemnify, defend, and hold harmless the Linius Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the VVE Service, Your Content, your violation of the rights of any third party, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Linius reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Linius, and you agree to cooperate with Linius’s defence of these claims. Linius will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- These Terms are governed by the laws of the State of Victoria, Australia without regard to conflict of laws principles. You agree to submit to the jurisdiction of the courts located within the said State.