V M Productions – Terms & Conditions of Service
Revision date: January 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES
1.0 Introduction
1.1 Description
V M Productions (“we,” “us,” “our”) provides its products and services (“Service”, “Services”) to you through its website (“Site”) located at www.chrisweston.training and through its mobile applications and related services, subject to the following Terms & Conditions of Service (“Terms of Service”).
1.2 Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised via any reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
1.3 Privacy
At V M Productions, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
2. Access and use of the Service
2.1 Use description
The V M Productions service, and any content viewed through our service, is solely for your personal and non-commercial use. With your V M Productions purchase we grant you a limited, non-exclusive, non-transferable, license to access the V M Productions content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
2.2 Your registration obligations
You may be required to register with V M Productions in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorised to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
2.3. Member account, password and security
You may never use another person’s account and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify V M Productions of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. V M Productions will not be liable for any loss or damage arising from your failure to comply with this section.
2.4 Modifications to Service
V M Productions reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that V M Productions will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General practices regarding use and storage
You acknowledge that V M Productions may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on V M Productions’s servers on your behalf. You agree that V M Productions has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that V M Productions reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that V M Productions reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding V M Productions and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your V M Productions account information to ensure that your messages are not sent to the person that acquires your old number.
2.7 Money back guarantee
Should you become dissatisfied with the Service within the first 7 (seven) days after purchase, V M Productions will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 7-days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at V M Productions’s sole discretion. If V M Productions determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. Requests for a refund must be submitted in writing via the Contact form on the website.
3. Conditions of use
3.1 Fees
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide V M Productions information regarding your debit or credit card or other payment instrument. You represent and warrant to V M Productions that such information is true and that you are authorised to use the payment instrument. You agree to pay V M Productions the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorise V M Productions to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let V M Productions know within sixty (60) days after the date that V M Productions charges you. We reserve the right to change V M Productions’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than UK taxes.
3.2 Special notice for international use
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United Kingdom export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of UK export laws. Downloading or using the Software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3.3 Commercial Use
Unless otherwise expressly authorised herein or by V M Productions in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4. Intellectual property rights
4.1 You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by V M Productions, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by V M Productions from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software (the “Software”) underlying the Service or distributed in connection therewith are the property of V M Productions, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by V M Productions. The V M Productions name and logos are trademarks and service marks of V M Productions (collectively “Trademarks”). Other V M Productions product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to V M Productions. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of V M Productions Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of V M Productions Trademarks will inure to our exclusive benefit.
5. Third party websites
5.1 The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. V M Productions has no control over such sites and resources and V M Productions is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that V M Productions will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that V M Productions is not liable for any loss or claim that you may have against any such third party.
6. Indemnity and release
6.1 You agree to release, indemnify and hold V M Productions and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Disclaimer of warranties
7.1 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Except where expressly provided herein, V M Productions expressly disclaims all warranties of any kind, whether express, implied, statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. V M Productions makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your requirements or expectations.
8. Limitation of liability
8.1 You expressly understand and agree that V M Productions will not be liable for any loss whatsoever or howsoever caused. In no event will V M Productions’s total liability to you exceed the amount you have paid V M Productions. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.
9. Disputes
9.1 Disputes with V M Productions
You understand and agree that any disputes arising between you and V M Productions will be dealt with under United Kingdom law in a court based in the United Kingdom. Further, you waive your right to lead or participate in a lawsuit involving other persons, such as a Class Action.
9.2 Disputes between users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and V M Productions will have no liability or responsibility with respect thereto. V M Productions reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
10. Termination
10.1 You agree that V M Productions, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if V M Productions believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. V M Productions may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that V M Productions may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that V M Productions will not be liable to you or any third party for any termination of your access to the Service.
11. General terms
11.1 These Terms of Service constitute the entire agreement between you and V M Productions and govern your use of the Service, superseding any prior agreements between you and V M Productions with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the United Kingdom. With respect to any disputes or claims, you and V M Productions agree to submit to the personal and exclusive jurisdiction of courts located in the United Kingdom. The failure of V M Productions to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of V M Productions, but V M Productions may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
12. Contact
V M Productions may be contacted via email using the Contact form on the website.