Welcome to our website, and thank you for visiting. There are a few requirements that we ask you to acknowledge and accept when visiting this website. The use of “Your Web Design Expert”, “www.webdesignx.com.au”, “Vivienne Oldham”, “www.vivsjewelry.com”, “our” and “we” in these terms refers to any person involved in the development, content creation, marketing and ongoing maintenance of this website. We ask all of our visitors to read these General Terms of Use (‘Agreement’) as the use of our site constitutes acceptance of, and agreement with the Terms and Conditions as set out in this Agreement. We will probably not vary these Terms and Conditions on a regular basis, however we reserve the exclusive right to do so. Please ensure that on each visit to our site that you are up-to-date with our current Terms and Conditions. Your continued use of our site constitutes your acceptance of our Terms and Conditions irrespective of the date they were last revised.
1. Ownership of Intellectual Property and Copyrights
1.1. All copyrights and other intellectual property including but not limited to artwork, graphics, buttons, textual content, video and audio files, trademarks, official logos, animations, and other content available to the user of this site (‘Content’) is owned by Your Web Design Expert or used with permission from another source. Logos and materials specific to affiliates is the property of the named affiliate and may not be used or reproduced without their express permission.
1.2. You may not under any circumstances copy or incorporate any of the content contained in this websites into any other work including your own website or use the content in any other private, public or commercial manner. You may not redistribute any portion of our website unless you have the express permission of Your Web Design Expert or its affiliates to do so. Your Web Design Expert retains full and complete title to all content including any downloadable materials or documents made available to the public and all data accompanying it.
1.3. You must not copy, modify, reproduce, transmit, upload, distribute, reverse-manipulate, disassemble or otherwise convert the content of this website to another form. Notices of copyright, trademarks or other marks and logos must not be changed that accompany the content of this website.
1.4. You may make a simple hyperlink to our site from any part of your website or another website. You may not target our website hyperlink to any frame that displays your logos or identifies your website as being part of our website. You may not use our content on your website or any other website without our written permission.
2. Logos and Other Trademarks.
2.1 Unless otherwise specified, all trademarks and logos used on this site are the property of Your Web Design Expert or its affiliates. All federal, state and local government logos are the property of the relevant authority.
3. Submission of Information.
3.1. We will respect your privacy at all times with the submission of data to us via our website or server. We are happy to receive comments, suggestions, ideas, graphics or pictures of any nature relevant to our website, however you agree to assigning rights to such contributions to Your Web Design Expert on uploading of the data. Such action will transfer ownership to us in the form of exclusive licence to use the material. All material submitted to Your Web Design Expert shall be deemed to be the property of us and we have the right to perpetually use such materials as deemed fit. This information is not confidential, and we may disclose, publish or broadcast it in any medium known or later introduced. Under no circumstances are you entitled to any payment if we use your submission for any purpose.
3.2 You shall not post on the Internet Services any content which (a) is libellous, defamatory, racist, pornographic, abusive, harassing or threatening; (b) contains viruses; (c) violates the rights of others, such as content which infringes any copyright, trademark, or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Internet Services any links to any external Internet sites that are obscene or pornographic.
4. Use of Website Restrictions.
4.1. You may not engage in any activity via this website that is unlawful, offensive, abusive, or violates the rights of any third parties, or inhibit any user from enjoying this website. You are not permitted to copy or monitor content on this website using any search robots, ‘bots’, ‘spiders’, ‘crawlers’, or any other means automatic or manual without our written permission. You must not engage in activities that interfere with the proper and normal use of this website.
4.2. You agree to indemnify, defend and hold harmless www.vivsjewlery.com, its affiliates, employees and participants from any damages, liabilities and expenses arising from any third party claims resulting from or arising out of the use of this website.
5. Endorsements or Advertising.
5.1. This website may refer to commercial and other products and/or services either directly or by hyperlinks. Your Web Design Expert does make any warranties or representations about such references. Any such hyperlinks are made for your convenience only and we rely upon you to make your own judgements and decisions regarding third party products or services and external websites.
5.2. All material contained on our sites is the property and ideology of the individual organisation and we do not accept any responsibility for its content whatsoever whether of a religious, political, ideological, sexual preference or racial manner, or minority group or any other belief that is contrary to those held by Your Web Design Expert.
5.3. All third party scripts, applets and programs are used according to their terms and conditions and are copyrighted to their respective owners.
6. Termination of Services
6.1 Your Web Design Expert reserves the right to remove, suspend or terminate the offender(s) access to this website, at any time without prior notice or liability. Your Web Design Expert may change, suspend or discontinue all or any aspect of its Services at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
7. Privacy Policy.
7.1 Please ensure that you read our Privacy Policy before you submit information to Your Web Design Expert. Information collected from this site by Your Web Design Expert is used solely for the purpose of identifying the individual and we will never sell or give your personal details to a third-party without or prior consent, unless required to do so by law.
8. Use of this Site: Limitation of Liability and Disclaimer.
NEITHER YOUR WEB DESIGN EXPERT OR AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO: DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES. We use reasonable efforts to ensure that this site contains accurate information at all times. We do not guarantee such accuracy, and we make no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or other matter. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY AUSTRALIAN LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS WEBSITE. THERE IS NO WARRANTY THAT THIS WEBSITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFIL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Whilst we reserve the right to remove any postings or any other information that we may feel is offensive or otherwise objectionable, we are not responsible for any material posted by any user or for any information whatsoever contained in any linked sites. YOU AGREE THAT YOUR WEB DESIGN EXPERT AND AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
9. Copyright Agent.
This policy is governed and written under Australian Law. It is our policy to respond appropriately to notices of alleged infringement that comply with relevant legislative requirements, including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the website or any of its Content to us via our Contact Form
10. Other.
If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these Terms of Use and shall not otherwise affect the validity and enforceability of any remaining provisions. Your Web Design Expert enters into this Agreement on its own behalf and on behalf of each of its agents.
This page was last updated August 2012.