Website terms of use
Background
Visionslive Limited, having its registered office at 26 York Street, London W1U 6PZ, United Kingdom (“Visionslive”, “we”, “us”, “our”) is committed to protecting your privacy, developing and maintaining technology to give you a compelling experience. These terms and conditions (“Terms”) apply to the Visionslive.com Web site and governs the terms of use of the website and web services, as well as data collection and usage. By using the Visionslive.com website and/or Visionslive services, or selecting “I agree” when using Visionslive services you (“you”, “your”) hereby consent to the data practices described in this statement, and agree to abide by the Terms.
Legal Notice:
Please read the following legal notice carefully as it applies to your access and/or use of the www. visionslive.com website (“Site”) and Visionslive services. By accessing this Site and any pages thereof, you acknowledge your agreement with and your understanding of this legal notice. Updates and modifications to this legal notice are subject to change at any time with or without notice. Your continued use of the Site and Visionslive services indicates your agreement to be bound by these Terms, as modified. You agree that you may only use the Site for purposes that are permitted by these Terms and under applicable law.
Intellectual Property:
You acknowledge that content accessed via the Site or Visionslive services (“Content”) is the sole responsibility of the person that made such Content available. Such Content, including but not limited to articles, blogs, videos, software, multimedia, advertisements, and third-party links, may be subject to intellectual property rights held by the owner of the Content. You may not use, adapt, copy or distribute Content (either in whole or in part) unless you have written permission of the Content owner and provide an equivalent license to Visionslive.
You acknowledge and agree that Visionslive owns all legal right, title and interest in the Content created by Visionslive, including any intellectual property rights which subsist in the Visionslive services and software. You shall not and shall not encourage others to: (a) disclose confidential information of Visionslive (including, but not limited to non-public Content and Visionslive software code) to any third party except with the prior written consent of Visionslive or as expressly permitted by these Terms; (b) make any unauthorised use or reproduction of confidential information of Visionslive; or (c) reverse engineer, decompile or disassemble any Visionslive software or firmware code.
You grant to us a non-exclusive, royalty-free, irrevocable, worldwide licence to use any materials you submit to use via the Site or Visionslive services (collectively, “Materials”). The licence includes, the right to use, sell, modify, adapt, prepare derivative works from, distribute, and sublicense such Materials. You hereby warrant that the Materials: (i) are your original works or that the owner of such works has expressly granted to us a non-exclusive, royalty-free, irrevocable, worldwide licence to use, sell, modify, adapt, prepare derivative works from, distribute, and sublicense such Materials, and (ii) do not violate and will not violate any third-party intellectual property rights. You hereby agree to indemnify us in respect of any damages incurred by us due to your breach of such warranties.
Any registered and unregistered trademarks appearing on the Site belong to Visionslive, its licensors, or others, and must not be used without the prior written consent of Visionslive and such owners. All rights are reserved.
Limitation of Warranty:
The material and information within this Site are provided “as is” and without warranties of any kind, either expressed or implied. All warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, are disclaimed. In no event shall Visionslive Limited, nor any of its subsidiaries or affiliates, be liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use, this Site or any of its functions or features, including in connection with any browsing or downloading of any information, quotes, data, software, text, images, or other material accessible through this Site or any website linked to or linking into this Site.
Nothing in these Terms will affect your rights as a Consumer under the Consumer Rights Act 2015. However, such rights only apply to the extent you are receiving services for domestic and private use and for purposes that are wholly or mainly outside your trade, business, craft or profession.
It is the responsibility of the user of this Site to evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided. Accordingly, no liability whatsoever is assumed for any use or misuse of such information. Users of this Site should consult their professional advisors with respect to their specific circumstances, and relating to their use of any services from Visionslive. Except as indicated otherwise, all information, quotes (unless cited by source), text, graphic images, software, features and functions contained within this Site are the exclusive property of Visionslive. The links from this Site to other websites are provided for your information and convenience only. Visionslive does not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site), including its content and operation. Visionslive does not review or monitor such links.
DISCLAIMER:
THIS SOFTWARE AND WEB SERVICE IS PROVIDED BY VISIONSLIVE AND THEIR AGENTS AND REPRESENTATIVES ‘AS IS’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL VISIONSLIVE OR THEIR AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Payment Terms:
Your use of the Visionslive Qualitative Platform is subject to payment fees outlined in your Visionslive Client Account. Visionslive may change its fees from time-to-time without notice. Usage of the Visionslive Platform is normally invoiced to your company monthly in arrears, on Net 20 terms, with any applicable taxes added. Accounts which are more than 30 days overdue will attract interest at 2.5% per month and you accept liability for legal costs of enforcing payment.
Use of Marks for Client Testimonials:
Unless you specifically request otherwise, if you have a commercial account with Visionslive, you agree to Visionslive using your name or logo for the purposes of producing a list of customer testimonials and client references for marketing materials. These marks will only be used to reference you as a valued client of Visionslive, however, if you wish that we do not include your logos or name in our client references and related marketing material, if you give Visionslive written notice of this request, we will remove your logo and references within a reasonable amount of time.
Privacy statement:
Privacy and Collection of your Personal Information. Visionslive is registered with the Information Commissioners Office, and operates its services in accordance with the Data Protection Act.
In the course of business, Visionslive collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number when it is submitted to us by yourself, or by third parties that you have consented to using your personal information. Visionslive also collects anonymous demographic information, which is not unique to you, such as your address, ZIP/Post code, age, gender, and your personal preferences.
Limited information about your computer software is also collected. This information can include: your IP address, browser type, access times and referring Web site addresses. This information is used by Visionslive for statistical purposes, and to improve our services so that we continue to provide you with a high-quality experience. Visionslive cannot and does not have access to your private information, however if you explicitly submit information and media that you own the copyright to, to Visionslive in the course of participating in research projects as a moderator, respondent or observer, then you consent to allowing this information and to be used by third parties, royalty-free, and free of any license or any other restrictions.
Use of your Personal Information:
Visionslive collects and uses your personal information to operate the Visionslive Web site and deliver the services you have requested. Visionslive may also use your personally identifiable information to inform you of other products or services available from Visionslive and its affiliates. You also consent to Visionslive contacting you for the purpose of market research activities, including surveys and interviews that help us understand how we can improve and enhance the Visionslive services.
Visionslive may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries, but in any case, will not provide personally identifiable information to third parties. Third parties are prohibited from using your personal information except to provide these services to Visionslive and they are required to maintain strict confidentiality of your information.
Pursuant to services provided under these Terms, it is possible that Visionslive or our trusted partners and service providers may transfer, store and process your personal data in a destination outside the European Economic Area. By submitting your personal data to us, you agree to such transfer, storage or processing. Visionslive will take all steps reasonably necessary to ensure that your data is treated securely in accordance with applicable law.
Visionslive will never use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit written consent.
Visionslive Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Visionslive or the site; (b) protect and defend the rights or property of Visionslive ; and, (c) act under exigent circumstances to protect the personal safety of users of Visionslive, or the public.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us.
Use of Cookies
The Visionslive.com Web site use “cookies” to help you personalize your online experience, and for security purposes so that can remain logged-in and use Visionslive Web Services. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will likely not be able to fully experience the interactive features of the Visionslive services or Web sites you visit, and will not be able to log in to Visionslive Web Services for market research.
Security of your Personal Information:
Visionslive secures your personal information from unauthorised access, use or disclosure. Visionslive secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure.
Changes to this Statement:
Visionslive will occasionally update this Statement of Privacy to reflect company policy and customer feedback. Visionslive also encourages you to periodically review this Statement to be informed of how Visionslive is protecting your information.
General Provisions:
No Waiver. Visionslive’s failure to enforce any right or power under these Terms will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.
Entire Agreement. These Terms comprise the entire understanding and agreement between Visionslive and you and supersede any previous understanding or agreement, oral or written, relating to your use of the Site and any terms or conditions which the you purport to apply under any purchase order, confirmation of order, specification or other document. These Terms will not be subject to change or modification except with the prior written consent of both parties. Notwithstanding this clause, in the event you sign a Visionslive Software Licence Agreement, Visionslive Service Agreement or other agreement signed by both parties, the terms of such agreement shall apply, except to the extent such agreement wholly silent as to a matter covered by these Terms, whereby these Terms shall prevail.
Severability. In the event that any provision of these Terms is held invalid or unenforceable in your jurisdiction, such provision will be severed from these Terms and the remaining Terms shall remain valid and enforceable. If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Force Majeure. Visionslive shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond VisionsLive’s reasonable control.
Joint Drafting. If an ambiguity arises with respect to the interpretation of any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Assignment. This agreement may not be assigned by you without Visionslive’s prior consent in writing. Visionslive is permitted to assign any of its rights and obligations under these Terms at any time upon written notice to you.
These Terms shall be governed by the laws of England and Wales and you hereby agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
Contact Information:
Please contact info@visionslive.com for any questions or concerns relating to these Terms. We will always look to use commercially reasonable measures to address any concerns, or remedy any issues.
