| |
Disclaimer
|
Revised: Monday, November 3, 2008
|
|
These Terms of Use explain the contractual agreement between you, who uses this Website and agrees to these Terms of Use regarding your use of this Website and activities and purchases conducted through the mediaVinci Website.
By accessing or using this site in any way, you fully acknowledge and accept these terms and conditions. These Terms of Use apply to the entire Website and all features and functionality offered by us through this Website. If you do not agree with these Terms of Use, please do not use this Site.
|
|
We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them (including our Privacy Policy and License Agreement for Low-Resolution Materials) from time to time as your continued use of this Website, after a change has been made, signifies your acceptance of any changed items. We may also add, delete or modify some or all of our products, programs or services at any time. You may only amend these Terms of Use with a document in writing signed by you and mediaVinci.
|
|
We recommend that you review our Privacy Policy which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the mediaVinci Website. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
|
|
We, and our affiliates may offer various products, programs and services for use and/or purchase through the mediaVinci Website. Some of these products, programs and services may be governed by the mediaVinci Online Sales Policy, which supplements and is a part of these Terms of Use as applicable. We recommend that you review the mediaVinci Online Sales Policy.
|
|
mediaVinci is committed to protecting the copyrights and other intellectual property rights of creative artists and others. mediaVinci has taken all reasonable steps to ensure that all reproductions on this Website are produced according to applicable laws. Copyrights and other proprietary rights in the Materials may subsist in individuals and entities other than mediaVinci. You hereby acknowledge and agree that, subject to valid third party rights, mediaVinci retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this Website (collectively ?Materials?). Copyrights and other proprietary rights in the Materials may subsist in individuals and entities other than mediaVinci.
mediaVinci expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial, non-commercial, promotional or educational exploitation of any Materials on this Website without prior written permission of mediaVinci.
Please note that the mediaVinci' Website is intended to function in the public domain as our catalogue for public use and such you are permitted only to download images, thumbnails, fonts, clip art items, video clips, audio clips, marks, data and all other content as described in our License Agreement for Low-Resolution Materials. Please review our License Agreement for Low-Resolution Materials before downloading any Materials from this Website. You may not, and these Terms of Use do not give you permission to reverse, engineer, decompile, disassemble, modify or creative derrivative works with respect to the mediaVinci' Website. Furthermore you may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the mediaVinci' Website or its content.
|
|
The trademarks, trade names, logos and service marks (?Trademarks?) displayed on this Website, including ?mediaVinci,? are Trademarks of mediaVinci. The Trademarks of third parties may also be published on the Website and are the property of their respective owners.
|
|
(a) This Site may contain links to other Sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked Site. You access linked Sites at your own risk. (b) You may only provide a hypertext link to the mediaVinci Website on another Website, if you comply with all of the following: (a) the link must be a text-only link clearly marked "pixel-industries.com" or "www.pixel-industries.com"; (b) the link must "point" to the URL "www.pixel-industries.com" and not to other pages within the mediaVinci Website; (c) the link, when activated by a user, must display the mediaVinci Website full-screen and not within a "frame" on the linking Website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking Website. We reserve the right to revoke our consent to any link at any time in our sole discretion.
Please note that mediaVinci is not responsible for the content, privacy practices and Terms of Use of non-mediaVinci Websites to which this Site or any other mediaVinci Website may provide a text-only and/or image link. We suggest our Website visitors to review the Privacy Policy of such Sites carefully before using the Sites.
|
|
The mediaVinci Website may offer certain services that permits public communication, including public postings and e-mail links. You agree not to submit, publish, distribute, or transmit through this Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or would otherwise give rise to liability or violates any law.
You also agree that you will not submit, publish, distribute, or transmit anything through this Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the mediaVinci Website and we are not liable for any information posted on the mediaVinci Website, including but not limited to any information posted about you.
We reserve the right to take any action with respect to information posted on the mediaVinci Website which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature of the Internet, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
|
|
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the mediaVinci Website or to surreptitiously intercept or expropriate any system, data or personal information from the mediaVinci Website.
You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks or "spam" or similar unsolicited mass e-mailing techniques.
|
|
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on the Site. You must be 18 years or older to use this Website. These Terms of Use also apply if the customer is not a fully qualified merchant and has no general place of jurisdiction in Munich, Germany.
|
|
THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Products, programs and services sold by mediaVinci, or its affiliates through the mediaVinci Website are subject to the terms, warranties and representations, if any, outlined in the mediaVinci Online Selling Policy. Unless otherwise expressly provided for in the applicable mediaVinci Online Selling Policy.
WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT, PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Furthermore, termination, return or cancellation of any product, program or service and refunds, if any, are governed by the applicable mediaVinci Online Selling Policy.
THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE mediaVinci WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME COUNTRIES AND/OR STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES AND/OR STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH COUNTRY AND/OR STATE LAW.
|
12. LIMITATION OF LIABILITY
|
|
NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE mediaVinci WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE mediaVinci WEB SITE.
Products, programs and services sold by us, or our affiliates through the mediaVinci Website are also subject to the limitation of liability provisions outlined in the mediaVinci Online Selling Policy. To the extent of any conflict between these Terms of Use and the mediaVinci Online Selling Policy, these Terms of Use shall control. Unless otherwise expressly provided for in the mediaVinci Online Selling Policy.
NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF SUCH PRODUCTS, PROGRAMS OR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH PRODUCTS, PROGRAMS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR SUCH PRODUCT OUT OF WHICH LIABILITY AROSE.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE mediaVinci WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME COUNTRIES AND/OR STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES AND/OR STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH COUNTRY AND/OR STATE LAW.
|
|
All prices listed on the mediaVinci' Websites, irrespective of which product group is concerned, are displayed in US Dollars inclusive of statutory value added tax (TVA, currently at 19,6%).
We reserve the right, without prior notice, to discontinue or change specifications and prices on products, programs and services offered on this Website without incurring any obligations (although changes to specifications and pricing will not affect Orders placed prior to the change). All products displayed on this Website are available while supplies last. Furthermore, not all products, programs and services are available in all areas. Please confirm availability prior to purchasing any product, program or service.
We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock, does not conform to specifications, or is advertised or shipped in error. We reserve the right to limit the Order quantity on any item and/or refuse service to any customer without prior notification. Please note that while we have tried to accurately display the appearance of products, the actual colors and images you see will depend on your monitor and may not be accurate. Descriptions of, or references to, products or services on the mediaVinci Website do not imply endorsement of that product, program or service, or constitute a warranty, by us.
If you are having a problem with a product, program or service purchased through the mediaVinci Website, please refer to the procedures outlined in the mediaVinci Online Selling Policy. If an exception to the mediaVinci Online Selling Policy applies to a particular product, program or service, it will be noted on the corresponding page of the mediaVinci Website. You should carefully review the mediaVinci Online Selling Policy before purchasing products, programs or services from us.
|
|
These Terms of Use are in force until terminated by either you or us. You may terminate these Terms of Use solely by discontinuing your use and access to the Site. We may terminate these Terms of Use, or suspend your access to all or part of the mediaVinci Website, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or these Terms of Use. If any provision of these Terms of Use in the event of termination or expiration should be or become ineffective, this shall not affect the validity of the remaining provisions.
|
|
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
|
16. PLACE OF JURISDICTION
|
|
This Site is controlled and operated by mediaVinci from our office located at Les Lantasses, F-31570 Bourg Saint Bernard, France. Although it may be technically accessed from other countries around the world, you agree that your use of the mediaVinci Website shall be construed to be made from within the city of Munich, Germany and you agree that these Terms of Use and your use of the mediaVinci Website shall be governed in all respects by the internal substantive laws of France, without regard to conflict of law provisions. We recognize the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in the City of Munich, Germany, and further agree that any cause of action you may bring arising under your use of the mediaVinci Website or any product, service or program purchased by you through the mediaVinci Website shall be brought by you exclusively in a state or federal court located in the City of Munich, Germany. Service of process of any papers on any party shall be made by registered mail.
These terms and conditions are governed by the laws of France. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Munich, Germany. The above also applies if the customer is not a fully qualified merchant and has no general place of jurisdiction in Munich, Germany.
|
|
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
|
|
For questions, inquiries, or correspondence of any other matter, please use the contact address as stated herein:
mediaVinci
The art of invention
Les Lantasses
F-31570 Bourg Saint Bernard
Toulouse / France / Europe
Tel: +33 (0)561 27 98 21
Fax: +33 (0)561 27 58 85
In your letter and/or email, please describe in as much detail as possible the nature of your inquiry or request. Please note that mediaVinci will only process inquiries or requests which descend from a valid originator. Any inquiry or request we receive by electronic mail or by mail which comes from an unreliable, incorrect or anonymous originator will not be processed.
|
|
THE CONTENTS OF THIS ONLINE DOCUMENT ARE THE PROPERTY OF MEDIAVINCI - THE ART OF INVENTION AND MAY NOT BE REPRODUCED BY ANY METHOD, PHOTOGRAPHIC OR ELECTRONIC, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF MEDIAVINCI AND/OR ITS SUBSIDIARIES.
©1995-2007, WEBSITE DESIGN & WEB DEVELOPMENT BY MEDIAVINCI. ALL RIGHTS RESERVED. REPRODUCTION IN ANY FORM WITHOUT PRIOR WRITTEN CONSENT IS NOT ALLOWED.
|
|
|
mediaVinci
|
|
The art of invention
|
|
Les Lantasses
|
|
31570 Bourg Saint Bernard
|
|
Toulouse / France / Europe
|
|
Tel: +33 (0)561 27 98 21
|
|
Fax: +33 (0)561 27 58 85
|
|
|
|
Tax Identification Number
|
|
DE 235 539 172
|
|
Managing Director
|
|
Britta Fülle
|
|
|
|
