WEBSITE TERMS & CONDITIONS

BY VISITING VSIFX.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

The terms “we,” “us,” and “our” refer to VISFX. The term “Site” refers to VISFX.COM The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “Service” refers to any blog posts, digital products, or physical products. Use of VISFX.COM, including all materials presented herein and all online services provided by VISFX is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.  You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our VISFX’s use of cookies in accordance with the terms of VISFX’s privacy policy. Information provided on the Site and in the Service related to graphic and web design and other information are subject to change. VISFX makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. VISFX disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

LICENSE TO USE WEBSITE

Unless otherwise stated, VISFX and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.   You must not:

  • Republish material from this website (including republication on another website);

  • Sell, rent or sub-license material from the website;

  • Show any material from the website in public;

  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • Edit or otherwise modify any material on the website; or

  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without VISFX’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without VISFX’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. VISFX reserves the right to restrict access to areas of this website, or indeed this entire website, at VISFX’s discretion. If VISFX provides you with a link and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  VISFX may disable your user ID and password at VISFX’s sole discretion without notice or explanation.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to VISFX. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to VISFX remains yours to the extent that you have any legal claims therein. You agree to hold VISFX harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by VISFX, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service. Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. VISFX makes no representations or warranties in relation to this website or the information and materials provided on this website.   Without prejudice to the generality of the foregoing paragraph,VISFX does not warrant that:

  • This website will be constantly available, or available at all; or

  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, business, or consulting matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

VISFX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;

  • For any indirect, special or consequential loss; or

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if VISFX has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VISFX’s liability in respect of any:

  • Death or personal injury caused by VISFX’s negligence;

  • Fraud or fraudulent misrepresentation on the part of VISFX; or

  • Matter which it would be illegal or unlawful for VISFX to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.   If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify VISFX and undertake to keep VISFX indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VISFX to a third party in settlement of a claim or dispute on the advice of VISFX’s legal advisers) incurred or suffered by VISFX arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to VISFX’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VISFX may take such action as VISFX deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

VISFX may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

VISFX may transfer, sub-contract or otherwise deal with VISFX’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and VISFX in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with Colorado law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of CALIFORNIA. Registrations and authorizations CVISFX is a registered trade name with the state of California. 

CONTACT

If you have any questions about this privacy policy or VISFX’s treatment of your personal information, please write:

  • By email to contact@visfx.com; or

  • By post to 219 N Garden St Unit E, Ventura, CA 93001

Updated May 2023