Terms of Use

Terms of Use

 

Welcome to the Eightytwenty Vision Website!

 

This website is owned and operated by Eightytwenty Vision Inc (hereby known as “EIGHTYTWENTY VISION”, an Australian Incorporated Association.

 

These Terms of Use govern your use of the Eightytwenty Vision Website (hereby known as the “Website”); by using The Website you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.

 

[If you undertake certain activities with the Website, we will ask you to expressly agree to these Terms of Use.]

 

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version (http://www.eightytwentyvision.org.au/about/terms-of-use/). Eightytwenty Vision may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use The Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

1. Description of Service.

 

The Website is online gift shop and, optionally, allows for the creation of one or more Virtual Gift Shop(s). You will be responsible for all activities occurring under your username and for keeping your password secure. Eightytwenty Vision reserves the right to modify, suspend or discontinue the Website with or without notice at any time and without any liability to you.

 

Eightytwenty Vision reserves the right to refuse service to anyone at any time without notice for any reason.

 

2. Disclaimer Of Warranties And Limitation Of Liability.

 

The Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Eightytwenty Vision on an “as is” and “as available” basis, unless otherwise specified in writing. Eightytwenty Vision makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. you expressly agree that your use of this site is at your sole risk.

 

To the full extent permissible by applicable law, Eightytwenty Vision disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Eightytwenty Vision does not warrant that the Website; information, content, materials, products (including software) or services included on or otherwise made available to you through the Website; their servers; or e-mail sent from Eightytwenty Vision are free of viruses or other harmful components. Eightytwenty Vision will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

 

3. Proper Use.

 

You agree that you are responsible for your own use of the Website, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Australian export control laws.

 

4. Content Policy.

 

You agree to be bound by the following rules and restrictions regarding content you publish to the Website:

  • Pornography and Obscenity: Users may not publish content that is in any way pornographic or obscene.
  • Hateful Content: Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
  • Violent Content: Users may not publish threats of violence against any person or group of people.
  • Copyright: Users may not publish any content that infringes another’s copyright.
  • Private and Confidential Information: We do not allow the unauthorized publishing of people’s private and confidential information.
  • Impersonation: We do not allow impersonation of others through The Website in a manner that is intended to or does mislead or confuse others.
  • Unlawful Use of the Website: The Website should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
  • Spam, Malicious Codes, And Viruses: We do not allow spamming or transmitting malware and viruses.

 

Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. Eightytwenty Vision may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.

 

Violation of any of the Content Policy may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Eightytwenty Vision reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

 

5. Intellectual Property Rights.

 

You acknowledge that Eightytwenty Vision owns all right, title and interest in and to the Website, including all intellectual property rights (the “Eightytwenty Vision Rights”). Eightytwenty Vision Rights are protected by Australian and international intellectual property laws. As described immediately below, Eightytwenty Vision Rights do not include third-party content used as part of the Website.

 

Your Intellectual Property Rights. Eightytwenty Vision claims no ownership or control over any Content submitted, posted or displayed by you on or through the Website. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Website which are intended to be available to the members of the public, you grant Eightytwenty Vision a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content. Eightytwenty Vision furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

 

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content you submit to the Website.

 

6. Privacy.

 

As a condition of using the Website, you agree to the terms of the Eightytwenty Vision Privacy Policy (http://www.eightytwentyvision.org/privacy/), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Eightytwenty Vision may access or disclose your personal information, including the content of your communications, if Eightytwenty Vision is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the general Eightytwenty Vision Privacy Policy.

 

7. Use and Storage.

 

You agree that Eightytwenty Vision has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. Eightytwenty Vision retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

 

8. Content of the Website.

 

Eightytwenty Vision takes no responsibility for any Content submitted, posted or displayed by you or any third party on or through the Website (including, without limitation, any viruses or other disabling features).

 

Eightytwenty Vision reserves the right, but shall have no obligation, to monitor the Content submitted, posted or displayed by you or any third party on or through the Website.

 

Eightytwenty Vision does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Content submitted, posted or displayed by you or any third party on or through the Website. Eightytwenty Vision does not endorse any opinions expressed, posted or displayed by you or any third party on or through the Website. You acknowledge that any reliance on material posted via the Website will be at your own risk.

 

Eightytwenty Vision reserves the right at all times to remove or refuse to distribute any content on the Website, such as content which violates the terms of this Agreement. Eightytwenty Vision also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of EIGHTYTWENTY VISION, its users and the public. Eightytwenty Vision will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

 

9. Representations and Warranties.

 

You represent and warrant that (a) all of the information provided by you to Eightytwenty Vision to participate in the Website is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

 

10. Termination; Suspension.

 

Eightytwenty Vision may, in its sole discretion, at any time and for any reason, terminate the Website, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2-14 of these Terms of Use (including the section regarding limitation of liability), shall survive expiration or termination.

 

11. Indemnification.

 

You agree to hold harmless and indemnify EIGHTYTWENTY VISIO, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Eightytwenty Vision will provide you with written notice of such claim, suit or action.

 

12. Entire Agreement.

 

This Agreement constitutes the entire agreement between you and Eightytwenty Vision and governs your use of the Website, superseding any prior agreements between you and EIGHTYTWENTY VISION. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Eightytwenty Vision services, affiliate services, third-party content or third-party software.

 

13. Waiver and Severability of Terms.

 

The failure of Eightytwenty Vision to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

14. Choice of Law; Jurisdiction; Forum.

 

These Terms of Use will be governed by and construed in accordance with the laws of the State of Western Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Website will be brought solely in Western Australia and you consent to the jurisdiction of such courts.