Website terms and conditions

The following web site Terms and Conditions (the ” Terms and Conditions”) governs your use of this website (the “Site”), and the various offerings on the Site, which include, without limitation, the various subscription, products offered by us (collectively, the “Products”, and together with the Site, the “Services”).

In these Terms and Conditions ‘we’, ‘us’, and ‘our’ refers to VS Live Limited.

By using this website, you agree to be legally bound by all of the terms of these Terms and Conditions. We reserve the right to change the terms of these Terms and Conditions or to change, modify or otherwise alter any features of the Site at any time and for any purpose without notice and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third party rights or benefits.

You should visit this page regularly and review these Terms and Conditions for the current terms of these Terms and Conditions, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of the Site within the proprietary online service offered by us may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of these Terms and Conditions regarding any use of this website, unless otherwise expressly stated.

Intellectual Property

This Site is our only official Site and is our exclusive property. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of VS Live Limited is not permitted. “VS Live” and “Super 8” are trademarks, trade dress or service marks owned exclusively by us. All other marks referenced herein may be our property or the property of other respective owners.

We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of New Zealand and other countries. Except as expressly provided in these Terms and Conditions, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

You may use the Services and the contents contained in the Services solely for your own individual, non-commercial and information purposes only. Audio-visual content may only be viewed in your private premises. Any other use, including for any commercial purposes, or for viewing in commercial or public premises, is strictly prohibited without our express prior written consent. If you wish to use the Services or the contents contained in the Services in a commercial or other publically accessible premises or place or for commercial purposes (such as in a bar or sports club) please contact us at contact@vslive.co.nz so we may discuss and agree the terms and basis of that use.

Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited without our express prior written consent.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Provided you are eligible to use this site, we hereby grant you a personal, nonexclusive, non-assignable and non-transferable license to use and display, for home, non-commercial and personal use only, one copy of any software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the “Material”). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no title to the Material has been or will be transferred to you from us or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.

Access to the Services

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web based content, and must pay any service fees associated with such access.

Not all of the features available through the Services, including certain live streaming audio, video or access to high quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services pursuant to these Terms and Conditions.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.

Registration, Username, Password, Security

Registration may be required for certain portions of the Site. We will not grant any user access to any registration-required portions of the Services unless you have completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services.

Your username and password will be your identity for purposes of interacting with the Services and other users through the Services.

You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorised use of your username or password or of the Services. In the event of such loss, theft, or unauthorised use, we may impose on you, at our sole discretion, additional security obligations.

If any unauthorised person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by e-mail at contact@vslive.co.nz. You shall otherwise cooperate and assist in any investigation relating to any such unauthorised access.

Links

The Services may contain links to other services (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services.

You may link to the home page of the Services without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Services, you must obtain our express written permission. If you provide a third-party web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your web site or any of its products or services; (c) shall not present false information about us, the Services or any of our products or services; (d) shall not use any of our trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny or rescind permission to link to the Services from any web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.

Availability of Services

In order to purchase a Product for which there is (i) a time based subscription (“Subscription Product”), (ii) a one off payment to view the Product online (“Pay Per View”), or (iii) other services/products offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit card information and billing address. Our Privacy Policy ([ ]) explains how such information collected via the Site may be used by us. Your ability to purchase Subscription Products, Pay Per View and/or other services/products offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the Subscription Products or any other services/products offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the applicable Subscription Product or other services/products purchase path(s).

The availability of the content on the Services may be affected by a variety of factors, including game delays or cancellations, application of the content provider’s broadcast policy or other requirements, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obliged to provide you with any specific content under these Terms and Conditions.

Compliance with Laws/Regulations

You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms and Conditions. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

Submissions and Postings.

To the extent that use of the Site provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that we do not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Site or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

In any event, no material you send to us will be treated as confidential.

We shall have the right, but not the obligation, to monitor any Postings or other material on the Site. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted or posted to the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable.

Privacy Policy

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review by clicking here http: [ ]. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.

Unexpected Events

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms and Conditions by reason of any act of God or situation outside of our control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. We are not liable to you for any failure or delay in performing any obligation set out in these Terms and Conditions in the circumstances contemplated by this clause. You will not be required to pay any charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause.

Warranty Disclaimer.

You agree that your use of the services shall be at your sole risk. Subject to the Consumer Guarantees Act 1993 and to the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available to you via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under these Terms and Conditions.

Limitation of Liability

In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive termination of these Terms and Conditions and your use of the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Applicable Law

This Site Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us and governs your use of the Services, superseding any other communications and proposals (whether oral, written or electronic) between you and us. These Terms and Conditions may only be modified by our posting on the Services changes to these Terms and Conditions, or by a subsequent writing signed by us.

No Waiver

Our failure to enforce any provisions of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.

No Professional Advice

Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services.

Termination

We reserve the right, in our sole discretion, to terminate these Terms and Conditions and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under these Terms and Conditions. The provisions of these Terms and Conditions will survive the termination of your access to the Services and of these Terms and Conditions. In addition, because the license you grant to us in Postings is perpetual, termination of these Terms and Conditions does not terminate our license to use Your Content as described elsewhere in these Terms and Conditions.

Notices

At our option, we may give notices to users of the Services by posting a message on the Service, by electronic, conventional mail, social media or by any other relevant means. If you do not wish to receive notices by email you can opt out of those communications at any time.