Terms & Conditions
1. YOUR
ACCEPTANCE
By
using and/or visiting the www.Vine Design website or any other website owned by
Vine Design, or any successor website of the foregoing (collectively the
“Website”), you (“You”) acknowledge that You have read, understood and assent
to both these Terms of Use and the Vine Design Privacy Policy, which is
specifically incorporated into these Terms of Use. These Terms of Use apply to
any and all users of the Website.
These
Terms of Use constitute a binding agreement between You and Vine Design and its
parents, subsidiaries, affiliates, successors, and assigns (collectively "Vine
Design") governing Your use of the Website. You are authorized only to use
the Website if You agree to abide by all applicable laws and to these Terms of
Use. Please read these Terms of Use carefully. If You do not agree to these
Terms of Use, please do not use and/or visit the Website.
2. WEBSITE
ACCESS
Vine
Design hereby grants You permission to use the Website as set forth in these
Terms of Use, provided that: (i) Your use of the Website as permitted is solely
for Your personal, non-commercial use; (ii) You will not copy or distribute any
part of the Website in any medium without Vine Design’s prior written
authorization; (iii) You will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its intended
purpose; and (iv) You will otherwise comply with the terms and conditions of
these Terms of Use.
In
order to access some features of the Website, You will have to create an
account. You are not allowed to use another user’s account without permission.
When creating Your account, You must provide true, current, accurate and
complete information about yourself. If Vine Design suspects that Your
registration information is not true, complete, current, or accurate, or that
You have otherwise violated these Terms of Use, Your account may be subject to
suspension or termination, and You may be barred from using the Vine Design
Website. By registering with Vine Design, You represent that You are of legal
age to form a binding contract and are not a person barred by any laws from
using the Vine Design Website.
You
are solely responsible for the activity that occurs on Your account, and You
must keep Your account password secure. You may change Your password at any
time. You agree to immediately notify Vine Design if You suspect or know of any
unauthorized use of Your password or account or any other breach of security. Vine
Design cannot and will not be liable for any loss or damage arising from Your
failure to comply with this Section 2. You acknowledge and agree that we may
preserve user information and may also disclose user information, if required
to do so by law or if we believe, in good faith, that such preservation or
disclosure is reasonably necessary to: (i) comply with the legal process; (ii)
enforce these Terms of Use; (iii) respond to claims that any content violates
the rights of third parties; or (iv) protect the rights, property, or personal
safety of Vine Design, its users, or the public.
Vine
Design also reserves the right to terminate a user's access to the Website at
any time in its sole discretion and without prior notice.
You
agree not to use or launch any automated system or technological devices or
programs that access the Website in a manner that sends more request messages
to the Vine Design servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web
browser. You further agree not to access, monitor or copy any content or
information of this Website using any robot, spider, scraper or other automated
means or any manual process for any purpose. Notwithstanding the foregoing, Vine
Design grants the operators of public search engines permission to use spiders
to copy materials from the Website for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives of
such materials. Vine Design reserves the right to revoke these exceptions
either generally or in specific cases, in its sole discretion.
You
agree not to collect or use any personally identifiable information
("Personal Information") including without limitation individual
names, account names, email addresses, or other user identifying information
from the Website, nor use the communication systems provided by the Website for
any commercial solicitation purposes, including without limitation to solicit,
for commercial purposes, any users of the Website.
3. THIRD
PARTY WEBSITES
The
Website may contain links to third party websites that are not owned or
controlled by Vine Design. Vine Design has no control over, and assumes no
responsibility for, the content, quality, suitability, functionality, legality,
privacy policies, or practices of any third party website. You acknowledge and
agree that Vine Design is not responsible for the content on the Internet or on
webpages that are contained outside the Website. By using the Website, You
specifically release Vine Design from any and all liability arising from Your
access or use of any third party website, Your correspondence or dealings with
other users, advertisers, partners, or other third parties found on or though
the Website, and/or Your participation in promotions, sweepstakes, campaigns,
or any other venture hosted, endorsed, or sponsored by other users,
advertisers, partners, or other third parties.
4.
INTELLECTUAL PROPERTY RIGHTS
The
content on the Website including without limitation, all text, graphics, images,
photos, computer code, software, scripts, multimedia files, , interactive
features trademarks, service marks and logos (the “Content”) are owned by or
licensed to Vine Design, and are subject to copyright and other intellectual
property rights under Zimbabwe and
foreign laws and international conventions. Content on the Website is provided
to You as is for Your information and personal use only and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any purpose whatsoever without the prior
written consent of Vine Design or as expressly provided herein. Vine Design
reserves all rights not expressly granted in and to the Website and the Content
contained therein.
You
agree not to engage in the use, copying, or distribution of any of the Content
for any commercial purposes. If You download or print any Content for personal
use, You must retain all copyright and other proprietary notices contained
thereon. You agree not to circumvent, disable or otherwise interfere with
security related features of the Website or features that prevent or restrict
use or copying of any Content or enforce limitations on the use of the Website
or the Content.
5. USER
SUBMISSIONS
The
interactive nature of postings on the Website makes it impossible for Vine
Design to assume responsibility for any of the information, material, or
content posted by users. The ideas, suggestions, opinions, comments, and
observations made by Vine Design users, and any text, data, photographs, video,
music, sound, chat, messages, designs, files or other material provided to Vine
Design by users (all of which are referred to as "User Submissions")
are not endorsed by Vine Design, and we make no guarantee regarding the
reliability, accuracy, nature, origin, or quality of any User Submission that
is posted on the Website. You acknowledge that You will evaluate and bear any
risks related to Your use of any User Submission, including any reliance on the
accuracy, completeness, or usefulness of such User Submission. All User
Submissions posted to the Website are the sole responsibility of the person who
originally posted the User Submission, and Your sole recourse for any damage
You may suffer as a result of any User Submission, or any portion thereof,
shall be to such individual, and not Vine Design.
6. RULES OF
CONDUCT
The
following rules of conduct apply to Your use of the Website and to all User
Submissions, whether the User Submission is included in blogs, discussion
groups, emails, profiles, comments, or any other portion or feature of the
Website.
You
may not, in connection with the Website:
·
Upload, post, email or otherwise transmit any material that is libellous,
invasive of another’s privacy, defamatory, pornographic, sexually explicit,
unlawful or plagiarized;
·
Upload, post, email or otherwise transmit any material that infringes or
violates any patent, copyright, trademark, trade secret or other proprietary
rights of any person;
·
Upload, post, email or otherwise transmit any material that a reasonable
person would consider harassing, abusive, threatening, harmful, vulgar,
profane, obscene, excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way;
·
Upload, post, email, or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other forms of solicitation, or otherwise engage in commercial activities
within Vine Design;
·
Upload, post, email, or otherwise transmit any material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or any other computer
codes, files, or programs designed to interrupt, destroy, or limit the
functionality or any computer software or hardware or telecommunications
equipment;
·
Impersonate any person or entity, or otherwise misrepresent Your
affiliation with a person or entity;
·
Intentionally or unintentionally violate or encourage others to violate
any applicable law, statute, ordinance or regulation;
·
Provide false or deceptive information;
·
Solicit personal information from anyone under 18;
·
Breach a duty of confidentiality by which You are bound due to a
contractual or fiduciary relationship (such as inside information, or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); or
·
Delete, add or otherwise change other people’s User Submissions.
7. COPYRIGHT
INFRINGEMENT
Vine
Design respects the intellectual property of others, and we require users of
the Website to do the same. Thus, in Your use of and interactions with Vine
Design and the Website, You may not post, upload, display, submit, modify,
distribute, or reproduce in any way any User Submission that is or contains
copyrighted material belonging to others, without obtaining their prior written
consent. Vine Design reserves the right, in its discretion, to remove any User
Submission if it believes that it may infringe the copyright of any third
party, and/or to terminate the accounts of users believed to be infringers.
Copyright Takedown Notification
.If You are a copyright owner or an
agent thereof and believe that any material on Vine Design infringes Your
copyrights, You may submit a notification pursuant to the Copyright Act by
providing our Designated Agent with the following information in writing:
·
A physical or electronic signature of the copyright owner or the person
authorized to act on behalf of the owner of an exclusive copyright that is
allegedly infringed;
·
Identification of the copyrighted work (or works) claimed to have been
infringed;
·
Identification of the material that is claimed to be infringing and
information reasonably sufficient to permit Vine Design to locate the material
(i.e., providing URLs in the content of an email is the best way to help us
locate content quickly).
·
Information reasonably sufficient to permit Vine Design to contact You,
including Your address, telephone number, and e-mail address at which You may
be contacted.
·
A statement that You have a good faith belief that use of the material
in the manner complained of is not authorized by You, or Your agent, or the
law;
·
A statement made under penalty of perjury, that the above information in
Your notice is accurate and that You are the copyright owner or are authorized
to act on the copyright owner’s behalf.
If Vine
Design receives such a claim, Vine Design reserves the right to refuse,
disable, or delete Content as described under these Terms of Use and to
terminate a user’s account. Our Designated Agent to receive notification of
claimed infringement under Copyright Act
Copyright Complaints
Vine Design
Phone: 08644072842/3
Email: copyrightinfringement@Vine
Design
8.
MODIFICATIONS TO THE WEBSITE
Vine
Design reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website (or any part thereof) with
or without notice. Vine Design shall not be liable to You or to any third party
for any modification, suspension or discontinuance of the Website
9.
TERMINATION
Vine
Design may, under certain circumstances and without prior notice, immediately
disable or terminate Your Vine Design account, access to the Website, or any
other Vine Design services. Cause for such termination shall include, but not
be limited to: (i) breaches or violations of the Terms of Use or other
incorporated agreements or guidelines; (ii) requests by law enforcement or
other government agencies; (iii) a request by You (self-initiated account
deletions); (iv) discontinuance or material modification to the Website (or any
part thereof); (v) unexpected technical or security issues or problems; (vi)
extended periods of inactivity; (vii) engagement by You in fraudulent or illegal
activities; and/or (viii) non-payment of any fees owed by You in connection
with the Website or any other Vine Design product or service.
Termination
of Your Vine Design account includes: (i) removal of access to all pages within
the Website; (ii) deletion of Your password and all related information, files
and materials, including User Submissions associated with or inside Your
account (or any part thereof); and (iii) barring of further use of the Website.
Further, You agree that all terminations for cause shall be made in Vine Design’s
sole discretion and that Vine Design shall not be liable to You or any third
party for any termination of Your account, any associated email address, or
access to the Website.
10. WARRANTY
DISCLAIMER
YOU
AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, VINE DESIGN, AND ANY PARENT, SUBSIDIARY, AFFILIATE,
SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT,
RESELLER, OWNER, OR OPERATOR OF VINE DESIGN, DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VINE DESIGN
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. VINE DESIGN DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR
OTHER PROMOTION, AND VINE DESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM VINE DESIGN SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
11.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL VINE DESIGN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR,
DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER,
OWNER, OR OPERATOR OF VINE DESIGN, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY 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 VINE DESIGN SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
The Website is controlled and offered by Vine Design from its facilities in Zimbabwe. Vine Design makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.