1. Acknowledgement and Acceptance
1.1 By using the VMDesign website(Website) you are indicating that you have read, understood and accept the legal provisions in these Terms and Conditions (Terms).
Websites mean any website owned and/or operated by VMDesign, and includes www.vmdesign.com.au and any social media sites.
1.2 The information contained in the VMDesign websites is subject to change without notice. If you are a regular VMDesign visitor and/or member please check these Terms regularly.
2. Using the VMDesign websites
All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the VMDesign websites.
3. Your obligations when using the VMDesign websites
3.1 Trade Marks and Copyright
(a) “VMDesign”, “VMDesign Collections” and “VMDesign” are the trading names for VMDesign. All references to VMDesign include a reference to all of its related entities, authorised licensees and agents.
“VMDesign Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to VMDesign.
(b) Under Australian and international law, the material on our website, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our copyright material;
(ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site or;
(c) use the VMDesign Trade Marks without our prior written consent.
3.2 Unacceptable content
(a) To ensure that using the VMDesign websites is a pleasant experience for everyone, you are prohibited from posting any material on the website that:
(i) violates any laws;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) is false or misleading; VMDesign –
(iv) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
(v) distributes chain letters or pyramid schemes or spam users of the VMDesign websites;
(vi) distributes viruses or any other technologies that may harm the VMDesign websites, the interests or property of VMDesign users;
(vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the VMDesign websites;
(viii) copies, modifies, or distributes any other person’s content without their consent;
(ix) uses any robot, spider, scraper or other automated means to access the VMDesign websites and collect content for any purpose without our express written permission;
(x) harvests or otherwise collects information about others, including email addresses, without their consent;
(xi) bypasses measures used to prevent or restrict access to the VMDesign websites.
3.3 Objecting to content
You are solely responsible for any content that you create, transmit or display on the VMDesign websites and for the consequences of your actions (including any loss or damage which VMDesign or any third party may suffer) by doing so. However, VMDesign has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the VMDesign websites. If you find any content that is objectionable please contact the VMDesign Privacy Officer, whose details are listed at section 10.
3.4 User generated content
If you upload content, you agree to
(a) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(b) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the VMDesign websites is capable of a breach of the Australian Competition and Consumer Law Act 2010 or related legislation.
If you post materials to or links from the VMDesign websites that infringe any third party rights, you will indemnify VMDesign against any loss, liability, damage, cost (including VMDesign’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the VMDesign websites.
3.5 Copyright Assignment
You agree to assign copyright in all original content that you post on the VMDesign websites to VMDesign and its partners, and agree to formally record such assignments when required. VMDesign and its partners retain the copyright on all content, design and artwork produced for the VMDesign websites.
If you upload photographs, audio or video recordings of yourself, you consent to give VMDesign and our partners the right to use these photographs and recordings in the production of the VMDesign websites. You will further allow VMDesign and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
3.7 Linking policy
You are welcome to put links on your site pointing to the VMDesign websites so long as they abide by these Terms and Conditions.
3.8 Comments Policy
Here at VMDesign we want as many of you as possible to engage in vibrant and lively discussions. However, there are limits to acceptable communication and we require that discussion and comments posted by users on the VMDesign websites are constructive and civilised.
4. Copyright and Trade Mark Policy
VMDesign will respond to:
(a) notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act); and
(b) trade mark complaints.
VMDesign reserves the right to remove users and/or subscribers for copyright and trade mark infringements.
If you suspect that your copyright or trade marks have been infringed please contact our Privacy Officer using the details at section 10.
(a) Neither VMDesign nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(b) You acknowledge and agree that by using the VMDesign websites you use the VMDesign websites at your own risk.
(c) Neither VMDesign nor its related companies represent or warrant:
(i) that your use of the VMDesign websites will meet your requirements;
(ii) that your use will be uninterrupted, timely, secure or free from error;
(iii) the accuracy of any information obtained by you as a result of your use of the VMDesign websites, and
(iv) that defects in the operation or functionality of any part of the VMDesign websites will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(e) VMDesign excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.