Terms & Conditions
THIS SITE IS THE VIDEOSCAPE PRODUCTIONS WEBSITE HEREINAFTER
REFERRED TO AS VIDEOSCAPE.
THIS SITE IS PROVIDED BY VIDEOSCAPE ON AN "AS IS" AND "AS
AVAILABLE" BASIS. VIDEOSCAPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
VIDEOSCAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
VIDEOSCAPE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM VIDEOSCAPE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIDEOSCAPE WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH
VIDEOSCAPE WILL PROVIDE ITS ENTIRE SERVICES.
THIS AGREEMENT DESCRIBES USER’S RIGHTS AND OBLIGATIONS WHEN
USING THESE SERVICES.
USER SHOULD READ IT CAREFULLY AND BE SURE USER UNDERSTANDS
THESE TERMS AND CONDITIONS.
USE OF THIS WEB SITE AND OR ANY VIDEOSCAPE PRODUCT OR SERVICE
MEANS USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PARTIES TO THIS AGREEMENT ARE
VIDEOSCAPE AND THE USER.
Videoscape recommends that you carefully pack items that are
sent to us, and that registered post is used. Insurance may or may not be suitable depending upon your
considered value. Always check with your Post office first. Videoscape will not be held responsible for items
before they reach us, although once in our care we treat them as though they were our own special
memories.
When sending items we recommend that they are boxed rather than
just placed in envelopes. Even well padded envelopes can be bent. Videoscape will not be responsible for
items insecurely packaged and shipped. The best option is to place your photographs in a padded envelope
within two or more strong thick pieces of hard cardboard. Address the envelope and place it with additional
padding into a suitable box. This will ensure the safest transport.
Please note that Videoscape does not return unsolicited items.
Items should not be sent to Videoscape without prior approval. Videoscape are not responsible for the lost or
damage to any items sent unsolicited or without prior approval.
Videoscape will not be responsible for loss or damage to or
from Videoscape by third party carriers including the post office. The User is responsible for all insurance
of items sent between Videoscape and the user.
Videoscape will not be responsible for any costs involved in
return packaging and/or postage.
The entire content of the Videoscape web site, including but
not limited to text, pictures, video etc, is copyrighted. Unless otherwise indicated, you may not download,
reproduce, embed or in any other way use the images, text etc of this site in any other website without
permission of Videoscape Productions. Any violations of copyright or trademark will be prosecuted to the
fullest extend of the law
We are happy to make images available to you under license.
Videoscape reserves the right to charge or not charge for that service depending on the intended
use.
All products and services offered by Videoscape are offered on
good faith. Where possible we will attempt to provide these as required. We are not responsible for issues
with third-party providers however, nor with availability of some items.
Remittance must be of good and legal funds of the exact amount
required for the purchase of the product or service ordered by Videoscape including any taxes and
fees.
Videoscape orders are binding contracts between user and
Videoscape and will be honored by user. User shall not regard Videoscape orders as
options.
All transactions, purchases or services and goods by user from
Videoscape are final. Any return of goods or refunds are at the sole discretion of Videoscape. We reserve the
right to refuse service to particular individuals or entities, at our sole discretion, with or without cause.
NO correspondence will be entered into.
As a convenience to you Videoscape may provide, on this Site,
links to web sites operated by other entities. If you use these sites, you will leave this site. Videoscape
encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the
actions of those parties, the content of their web sites, or any products or services they may offer. If you
decide to visit any linked site, you do so at your own risk and it is your responsibility to take all
protective measures to guard against viruses or other destructive elements. Videoscape makes no warranty or
representation regarding, and does not endorse, any linked web sites or the information appearing thereon or
any of the products or services described thereon. Links do not imply that Videoscape or this Site sponsors,
endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo
or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to
use any trademark, trade name, logo or copyright symbol of Videoscape or any of its affiliates or
subsidiaries.
This Site is controlled, operated and administered by
Videoscape from its offices within Victoria Australia. Videoscape makes no representation that materials at
this site are appropriate or available for use at other locations outside of Australia and access to them
from territories where their contents are illegal is prohibited. You may not use the site or export the
materials in violation of Victorian Australia export laws and regulations. If you access this Site from a
location outside of Australia, you are responsible for compliance with all local laws. These Terms and
Conditions of use shall be governed by the laws of Victoria Australia without giving effect to its conflict
of law provisions.
At Videoscape, we understand that children’s privacy, security
and protection is important. We do not monitor the age of our user audience. We do not knowingly solicit or
collect personal information from or about children, and we do not knowingly market our products or services
to children. However, if you aged 18 or under you should not submit personal identifying information to
Videoscape without the consent of your parent or guardian. If you are a parent and want to limit your
children’s access to material you believe may be harmful to them, you may want to look into the easily
obtained commercially available hardware, software and filtering devices. If you are interested in learning
about these protections, information is available at various sites including http://www.worldvillage.com/wv/school/html/control.htm
All links to the Videoscape website must be approved in writing
by Videoscape, except that Videoscape consents to links in which: (i) the link is a text-only link containing
only the name " Videoscape Productions"; (ii) the link "points" only to http://www.videoscape.com.au and not to deeper pages; (iii) the link, when
activated by a user, displays that page full-screen in a fully operable and navigable browser window and not
within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may
neither create the false appearance that an entity or its activities or products are associated with or
sponsored by Videoscape nor be such as to damage or dilute the goodwill associated with the name and
trademarks of Videoscape or its Affiliates. Videoscape reserves the right to revoke this consent to link at
any time in its sole discretion.
IN NO EVENT SHALL VIDEOSCAPE OR ANY OF ITS SUBSIDIARIES BE
LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS,
AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AND WHEN VIDEOSCAPE IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Assignment. The provisions of this Agreement shall be
continuous and shall inure to the benefit of Videoscape, its successors and assigns, and shall be binding
upon user and/or the estate, personal representatives, administrators and successors of user. Videoscape may
assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not
delegate any obligations hereunder without the prior written consent of all of the duly authorized officers
of the Videoscape and any attempt at such delegation without such consent shall be null and
void.
Jurisdiction. This agreement is governed by the laws of
Australia as such laws are applied to agreements entered into and to be performed entirely within Australia
by Australian residents.
Severability. In the event that any provisions of this
Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable
in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this
Agreement shall remain binding upon the parties as if such provisions were not contained therein. The
enforceability of such provision shall otherwise be unaffected and remain enforceable in all other
jurisdictions.
Videoscape will not be held responsible or liable for the
consequences of or the results of any activities performed by or on behalf of any of its officers,
affiliates, nominees or representatives.
Force Majeur. Videoscape will not be responsible for delays or
failures in the transmission, receipt or execution of orders, Remittances, Payments, or information due to
events or systems beyond its control. The obligations of this contract precede any government enactment.
Videoscape, it’s owners, employees, agents or affiliates will not be responsible for any loss, damage or
injury resulting from any event or system beyond its control.
User will be subject to damages and other penalties, including
criminal prosecution where available and the notification of the general public of user’s actions, at the
sole discretion of Videoscape if user attempts to use the Videoscape service in connection with tampering,
cracking, modifying or otherwise corrupting the security or functionality of the Videoscape website, services
and/or association.
Videoscape reserves the right, at its sole discretion, to
change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this
Agreement will be effective when notice of such change is posted. Your continued use of this site after any
changes to this Agreement are posted will be considered acceptance of those changes.
Entire Agreement. This Agreement constitutes the entire and
whole agreement between User and Videoscape and is intended as a complete and exclusive statement of the
terms of the Agreement. This Agreement shall supersede all other communications between the
parties.
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