Terms & Conditions of Use

Terms & Conditions of Use

Please carefully read the following terms and conditions of use ("Term") governing your use of this website located at www.vincentsgiftshop.com.au (the "Site"). Using and/or visiting this Site constitutes your agreement to be bound by and to act in accordance with these Terms, our Privacy Policy and all applicable local, national and international laws and regulations. Vincent's Gift Shop (collectively, "VGS", "us" "our" or"we") reserve the right to change the Terms and/or our Privacy Policy at any time.Each time you use this Site, the current version of the terms will apply and you should review the terms for any changes that have been made since your last visit to the Site.

1.PRIVACY POLICY: Please read our Privacy Policy, which governs the manner in which VGS will handle any personal information that you provide to us.

2.OWNERSHIP RIGHTS & USE OF SITE MATERIALS: Trademarks, logos and services marks displayed on this Site are registered and unregistered trademarks of VGS, its licensors or content providers, or third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission. VGS reserves all rights not to expressly granted in and to the Site it is content. The Site and all of its content, including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Australia and other countries. You may not (a) modify the content located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such content for any public or commercial purpose or (b) remove, obscure or otherwise deface proprietary notices appearing on any content, including copyright, trademark or other intellectual property notices.

3.USER ACCOUNT: In order to access some feature of the Site, you may have to create an account. You may never use another individual's account without permission. When creating your account, you must provide accurate, current and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify VGS immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

4.USER MATERIAL: You Shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload to the Site (collectively, the"User Material")2. However,by submitting,posting and/or uploading User Material to the Site, you hereby grant us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and public display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form,media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise,without compensation to or prior approval by you. By submitting,posting or uploading User Material to the Site you represent and warrant that (a)no other party has any rights to the User Materials or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation,whether of confidentiality,attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c)your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify VGS for all claims resulting from the User Material you supply. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.

5.PROHIBITED ACTIVITIES: You may not post, upload or transmit any materials or content on or through this Site:

that violates or infringes in any way upon the rights of others;

that solicits, encourages, promotes the use of illegal substances or activities;

which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);

that expresses or implies that any statements made by you are endorsed by VGS; 

that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e phone numbers, addresses, URLs or email addresses).

6.LINKS: We may, for your convenience, provide you with links to other websites from the Site ("Linked Sites"). VGS is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. VGS does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on any Linked Site. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.

7.ACCURACY OF INFORMATION: VGS takes all possible steps to ensure the accuracy of the information included in this Site. However, VGS takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.

8.COPYRIGHT INFRINGEMENT CLAIMS: The Digital Millennium Copyright Act of 1998 (the"DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their right under Australian copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice.

To send a notice, please forward the following information to [insert name and contact information for copyright Agent3]:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of the alleged infringing material and of where the alleged infringing material is located;

A statement by you that you have in good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

9.MONITORING & REMOVAL OF CONTENT: We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of these Terms or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves,our sponsors,our Site users and visitors; to comply with legal obligations or governmental requests;or for any other reasons or purpose.

10.DISCLAIMER: Using, visiting and/or browsing the Site at your own risk. To the extent permitted by law and without limiting any of the foregoing,everything on this site is provided to you on an "as is" basis,without warranty,either express or implied, of any kind, including, but not limited to,the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Check your local laws. Information you submit to VGS by email or otherwise in order to establish our User account is subject to our Privacy Policy. All Unsolicited reviews, comments, submission, ideas, concept, techniques, know-how, content and materials (the "Unsolicited Materials") shall not be treated as confidential by VGS and VGS may use such Unsolicited Materials in any manner that it deems appropriate.For More information please read our Privacy Policy.

11.LIMITATION ON LIABILITY: in no event shall VGS or its affiliates or their respective officers, directors, employees, owners or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i)errors, mistakes, omissions or inaccuracies of content,(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of site,(iii)any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein ,(iv) any interruption or cessation of transmission to or from our site (iv) any bugs,viruses, trojon horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any loss or damage of any kind incurred as a result of your use of the site or of any content posted, emailed, transmitted, or otherwise made available via our site, whether based on warranty, contract, tort, or any other legal theory, and whether or not wbm is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that wbm shall not be liable for "user materials" or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

12.INDEMNIFICATION:You agree to defend, indemnify ,and hold harmless VGS, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, demands, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of the Terms and/or the Policy; and/or (b) your use, access and/or activities in connection with the Site or any services related to the Site;(c) any content (including, without limitation any User material)you submit, post, transmit, upload, modify or otherwise make available through the Site, you use of the Site or your violation of any rights of any third party, including, without limitation, any copyright, property or privacy right;and (d) any claim that the User Material you submitted, transmitted or uploaded caused damage to a third party. We may participate in the defence of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

13.TERMINATION:Your only right and/or remedy with respect to any dissatisfaction with (a) these Terms,(b) any policy or practice of ours in operating the Site, including, without limitation, our Privacy Policy, or (c) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion.Upon any such termination, your right to use the Site will immediately cease.You agree that any termination of your access to or use of the Site may be effected without prior notice and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

14.MISCELLANEOUS: You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and VGS with respect to the Use of this Site, By using this site, you affirm that you are either more than 18 years of age, or an emancipated minor,or possess legal parental or guardian consent, and are fully able and competent to accept and be bound by the terms, conditions, obligations, affirmations and warranties set forth in these terms and conditions and to abide by and comply with these Terms & Conditions of Use.

15.NO WAIVER: The failure on the part of VGS to enforce any part of these Terms shall not constitute a waiver of any of VGS's rights hereunder for past and future actions.

16.JURISDICTION: Any dispute over the content or use of this Site shall be governed by the substantive laws of Australia and the state of New South Wales and the Jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in New South Wales, Australia.