Terms of Service Agreement
Please take time to read these Terms of Service as it is important for both of us that you understand our contractual relationship relating to your use of our service.
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (the "Terms"). These terms set out the rights and obligations of all members ("you"/"your") and those of Yakhnov Studio, trading as Vixi ("us"/"our"/"we") in relation to the services offered by us through this website.
These terms apply to the entire contents of the website under the domain name www.vixi.com.au ("website") or to any sub-domains (hereinafter collectively known as "Vixi services") and to any correspondence by email between us and you, or between you and other members.
1. Acceptance of Terms
1.1. Your use of this website indicates that you accept these Terms of Service and the Privacy Policy regardless of whether or not you choose to register with us.
1.2. These terms and the agreement are between you and us. You are not entitled to assign or delegate your rights under them.
2. Privacy
2.1. Use of the website is governed by our Privacy Policy.
3. Eligibility
3.1. This site is for Adult use only. You must be eighteen years or over to register as a member of Vixi or to use this service. By using this website, you warrant that you have the right and capacity to enter into this Agreement and to abide by all its terms and conditions.
4. Membership
4.1. Everyone who registers on Vixi becomes a "Member" at no cost. Not all features of the website are available to the members for free but you will be able to contact and be contacted by other members.
4.2. Anyone found to be abusing the service may have their membership suspended or cancelled. We reserve the right to cancel your membership, with or without reason, with immediate effect.
4.3. Please note that accounts cannot have more than one user for safety and privacy reasons.
5. Member Content and Code of Conduct
5.1. You are solely responsible for the Content that you publish or post on the website or send to other members.
5.2. You may not include in your profile any telephone numbers, address, last names, hyperlinks, email addresses or other personal contact information.
5.3. You agree not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.
5.4. You agree not to post any or all of the following, which is a sample only of some of the activities that will be deemed unacceptable and which could give rise to the suspension or cancellation of membership or other rights of action as may be necessary. It will be unacceptable to post any content that:
- contains false or misleading information;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- harasses or advocates harassment of another person;
- constitutes a profile or photographs of any third person used without their permission;
- involves purely sexual relationships;
- contains sexual or suggestive language;
- contains references to illegal practices;
- contains offence or threatening remarks;
- contains libellous or unlawful remarks;
- promotes an illegal or unauthorised copy of another person's copyrighted work;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- engages in commercial activities such as advertising, contests, sweepstakes, lotteries, barter or any other such schemes;
- encourages others to break these terms of service.
5.5. You agree not to misuse the website (including, without limitation, by hacking or cracking).
5.6. You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of pages, data or content from this website. You agree not to "frame" or "mirror" any part of the website, without our prior written authorisation.
6. Photographs
6.1. Any photo provided must be of you only. You are not permitted to post obscene images, images of actors or models, pictures of cartoon characters or other pictures which are not a picture of you.
6.2. All images and photographs will be checked and reviewed after being posted to the website and only those pictures which we believe to be genuine will be used.
6.3. We reserve the right to post your image or any other image, the right to crop images and the right to display the image on different pages throughout the website, and not just on your profile page.
7. User Material
7.1. Other than personally identifiable information, which is covered under the Privacy Policy, any material that you transmit or post to this website on through the Vixi services will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. The company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2. We reserve the right to refuse any profile or photograph that we feel is inappropriate for this site or make changes to the profile or message. We also reserve the right to add or remove certain services on the website.
8. Use of Member's Contact Information
8.1. You agree and consent that we may use your contact information (i.e. email, postal address and/or other contact details) in order to contact you with regard to your use of the Vixi services.
9. Member Disputes
9.1. You are solely responsible for you interactions with other members of Vixi. However, Vixi reserves the right but has no obligation to monitor disputes between you and other members.
10. Offline Meetings
10.1. It is your decision if and when you meet another member offline. Any offline meeting between the members of this website including member organised events or Vixi organised events is purely the responsibility of each such user.
11. Disclaimers
11.1. Vixi is not responsible for the conduct, whether online or offline, of any user of the website.
11.2. The Terms and information contained on the website may change from time to time without notice and therefore each time you use this website you should check these terms and any relevant information for yourself. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to, via or obtained from this website and do not vouch for the character of those other members that you meet on the website, unless otherwise expressly set out on this website.
11.3. ALL MATERIALS POSTED ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES EXPRESS, IMPLIED OR OTHERWISE HOWSOEVER ARISING.
11.4. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW, BUT WITHOUT EXCLUDING ANYTHING THAT MAY NOT LAWFULLY BE EXCLUDED IN THE CASE OF CONSUMERS, WE DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.5. Under no circumstances whatsoever will we be responsible for any personal or psychiatric injury, distress, upset or trauma, loss or damage to you or anyone else resulting from your use of the Vixi services, nor from your access to transmissions posted by others, nor resulting from your reliance upon material posted by others on the Vixi services or to you or other members. We reserve the right but have no obligation to monitor the materials posted on the Vixi services and reserve the right to remove any such material at our sole and unfettered discretion. Notwithstanding our right in this regard, you remain solely responsible for the content of the material you post on the website or to other members.
12. Limitation of Liability
12.1 Nothing in these terms shall limit our liability for death or personal injury resulting from our negligence, or for fraud.
12.2. We will not be liable under this contract for any loss or damage caused whether or not by us or our employees or agents or other members, in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- there is any increase in loss or damage resulting from breach by you of any term of this contract;
- the losses are business losses, and/or losses to non-consumers.
13. Hypertext Links
13.1. This website may be linked to or from other websites that are not maintained by us. We are not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by us of the websites and we disclaim any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. We disclaim any liability for links: (i) from another website to this website; and (ii) to another website from this website.
14. Amendment of the Terms
14.1. Vixi reserves the right to amend these Terms and Conditions and will post any changes on the website. Each time you use this website you will be bound by the then current terms and you should review these each time you make visit the site to satisfy yourself that you are happy with them.
15. Severability
15.1. These terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Force Majeure
16.1. Neither you nor us shall be liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond your or our reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute ("force majeure"). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.
17. Headings
17.1. The headings used in these Terms and Conditions are included for convenience only and shall not define, extend, limit or otherwise affect these terms.
18. Trademarks
18.1. Third party trademarks, service marks, logos and trade names appearing on the website are the property of their respective owners.
19. Intellectual Property
19.1. All intellectual property and information on this site is ours or is licensed to us and you shall not copy these without our permission. This does not prevent you using this website to the extent necessary to avail of the Vixi services.
19.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Vixi services, use of Vixi services, or access to Vixi service.
20. Service Access
20.1. While we try to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason it or any partner Vixi service is unavailable at any time for a particular period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
21. Governing Law
21.1. These terms are subject to Australian Law and to the exclusive jurisdiction of the Courts of Australia.
21.2. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 5.2. or 5.3.
22. Contact Information
22.1. Yakhnov Studio, trading as Vixi is an Australian business registered under ABN 66 980 531 102.
22.2. If you have any questions, please contact:
Yakhnov Studioor email us at info@vixi.com.au.
PO Box 951
Glen Waverley VIC 3150
Australia
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.