Terms of Use of Site
TERMS AND CONDITIONS
By accessing the site, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site.
1.Information on this site
1.1 The information contained on this website is submitted by individuals and companies and is not verified in any way by Visual Impact Broadcast Solutions (Pty) Ltd (“Visual Impact)”.
1.2 Whilst every effort is made to update the information contained on this website, neither Visual Impact nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website.
1.3 No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes.
1.4 You are solely responsible for all information that you submit and any consequences that may result from your post.
1.5 If you believe that information is inaccurate you should email terms@visuals.tv with your concerns.
2. Disclaimer of Liability.
2.1Visual Impact shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your companies personal information or material and information transmitted over our system. In particular, neither Visual Impact nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
2.2 Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site be liable for any direct or indirect losses that result from the use or inability to use the web site and/or any other web sites which are linked to this site.
2.3 Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.
2.4 You agree not to hold us responsible for things other users post or do.
2.5 We do not review users’ postings and are not involved in the actual transactions between users. As most of the content comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
3.Disclaimer of Endorsement.
References or links to any products, services or third party websites or other information does not constitute or imply its endorsement, sponsorship or recommendation by us.
4.Trade Marks
4.1 The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Visual Impact.
4.2 Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Visual Impact.
5. External Links
5.1 External links may be provided for your convenience, but they are beyond the control of Visual Impact and no representation is made as to their content.
5.2 Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Visual Impact.
6. Public Forums and User Submissions
6.1 Visual Impact is not responsible for any material submitted to the public areas by you.
6.2 Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Visual Impact.
6.3 Visual Impact reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
6.3.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
6.3.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
6.3.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Visual Impact and/or a third party computer systems and/or networks;
6.3.4 violate any copyright, trade mark, other applicable South African or international laws or intellectual property rights of Visual Impact or any other third party;
6.3.5 submit contents containing marketing or promotional material which is intended to solicit business.
6.4 We also reserve the right at our discretion to restrict your usage of the site either temporarily or permanently.
6.5 You agree to the collection, transfer, storage and use of your personal information by Visual Impact on our servers.
7.Specific Use
7.1 You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.
7.2 You hereby indemnify Visual Impact against any loss, liability, damage or expense of whatever nature which Visual Impact or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
8. Warranties
Visual Impact makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your companies personal information or material and information transmitted over our system.
9.General
9.1These website terms and conditions constitute the sole record of the agreement between you and Visual Impact in relation to your use of the website. Neither you nor Visual Impact shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Visual Impact in respect of your use of the website.
9.2 Visual Impact may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website
9.3 Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or portal of the website shall prevail in respect of your use of the relevant section or portal of the website.
9.4 No indulgence or extension of time which either you or Visual Impact may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights
9.5 Visual Impact shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party
9.6 Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Cape Town in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.