VIHOR Pty Ltd ("VIHOR") - Terms & Conditions

 

Acceptance

By visiting, using or submitting content to this website, including the VIHOR.pro domain name and other sites owned, operated or controlled by VIHOR Pty Ltd (collectively, the "Website"), you agree to the terms and conditions set forth herein (the "Terms & Conditions"), which apply to all users of the Website ("Users"). Please do not use the Website if you do not agree to these Terms & Conditions and/or VIHOR's Privacy Policy.

Access

You are hereby granted permission to use the Website, as set forth in these Terms & Conditions, provided that: In order to access certain features of the Website, you may have to create an account in your name. You may never use any third party's account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for all activity on your account and must keep your account password secure. You must notify VIHOR immediately upon any breach of security or unauthorized use of your account. Although VIHOR will not be liable for losses caused by any unauthorized use of your account, you may be liable for losses sustained by VIHOR or others, due to such unauthorized use. While using the Website, you agree not to use any automated systems which access the Website in a manner that sends more request messages to VIHOR servers, in any given period of time, than a human can reasonably produce in the same period, by using a convention on-line web browser. Notwithstanding the foregoing, VIHOR grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VIHOR reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users. All website products, challenges and services are voided where prohibited by law.

Intellectual Property

VIHOR does not claim any ownership over Content you submit or make available on the Website. Ownership is retained by Users at all times. By submitting content to VIHOR you affirm, represent and warrant that the you own (and/or otherwise have the right to submit) the Content submitted or made available by you on VIHOR. However, with respect to content on publicly accessible areas of the Website, you hereby grant VIHOR, as well as its partners and sponsors, the right to display the Content and the right to use the Content to promote the challenges(s) on social media and other websites. In such cases, credit will be explicitly given to you as the owner of the Content. The foregoing not withstanding, User shall at all times retain all copyright interest in any and all images submitted.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by VIHOR. VIHOR has no control over and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, VIHOR will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve VIHOR from any and all liability arising from your use of third-party websites. We encourage you to be aware when you leave the VIHOR Website and to read the terms and conditions and privacy policy of each other website that you visit.

Submissions

The Website permits the submission of images, photos, videos and other communications and materials ("Submissions") and the hosting, sharing, and publishing of such Submissions. Whether or not such Submissions are published, VIHOR does not guarantee the confidentiality of any submissions. By submitting any of your material to the Website, you grant VIHOR the right to provide exposure to your materials by posting it on the web and using it in the promotion of the Website and VIHOR. All used images are credited to their respective photographers and will not be used, except as permitted by these Terms & Conditions. All images and videos shall be used solely in the context of promoting challenge submissions and the Website, at the Website's sole discretion and with no additional compensation owed to the Users. Challenges conducted on the Website may have additional terms of participation. Users shall at all times retain all copyright interest in any and all images they submit. You may also receive invitations to participate in a VIHOR show or publication. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize VIHOR to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions and you have the written consent, release, and permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions. You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to VIHOR, you hereby grant VIHOR a worldwide, non-exclusive, royalty-free and transferable license to display content to other Users and visitors. With respect to Submissions you submit or make available on publicly accessible areas, a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such submissions is hereby granted to VIHOR, solely for the purpose of providing and promoting the specific VIHOR file to which such Submissions were submitted or made available. This license exists only for as long as you elect to continue to include such Submissions on the Website and will terminate at the time you remove or VIHOR removes such Content from the Website. "Publicly accessible" areas of are those areas which are intended by VIHOR to be available to the general public. For example, publicly accessible areas would include message boards and portions of VIHOR' groups, photo sand sharing that are open to both members and visitors. However, publicly accessible areas would not include portions of the Website that are limited to members, or areas such as World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by VIHOR. In connection with Submissions, you further agree that you will not:
  1. submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant VIHOR all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage VIHOR or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business, or
  5. impersonate another person.
VIHOR does not endorse any Submission or any opinion, recommendation, or advice expressed therein and VIHOR expressly disclaims any and all liability in connection with Submissions. VIHOR does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and VIHOR will remove all content and Submissions, if properly notified that such content or Submissions infringes on another's intellectual property rights. VIHOR reserves the right to remove content, close accounts and Submissions without prior notice. VIHOR will also terminate a User's access to its Website, if they are determined to be an infringer. VIHOR also reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. VIHOR may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. VIHOR allows “VIHOR Challengers” to participate in challenges, themes and other activities. The decisions of the “VIHOR Challengers” are final and binding on all matters relating to the selection of winners. Winners will be selected according to the rules of each challenge. All Submissions and votes will be retained until eligible winners are chosen for all awards. Once a Submission or a User is deemed ineligible, however, the Submission will be discarded.

Content on VIHOR's Website

VIHOR's content on the Website ("Content") is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. VIHOR reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not harvest or collect information, including screen names, about other members or Users. The use of any information learned through the Website is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIHOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIHOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. 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 WEBSITE.
VIHOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIHOR 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.

Limitation of Liability

IN NO EVENT SHALL VIHOR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. 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 WEBSITE, 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 VIHOR SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. THE WEBSITE IS HOSTED BY VIHOR IN THE UNITED STATES OF AMERICA. VIHOR MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, 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 & Conditions and to abide by and comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, please do not use the Website.

Assignment

These Terms & Conditions, including any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VIHOR without restriction.

Purchase

Limited License

  1. When you purchase features on the Website for a fee, some purchases grant you an unlimited license to use a feature during a set time period. Other purchases may grant you a limited license to use a feature where the license is governed by the use of “tokens”, “points” or similar terms (“License Triggers”) during a set time period. Upon the expiration of the time period, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. In all cases, any license to use any of our Services is subject to your compliance with these Terms & Conditions and a non-exclusive, non-transferable and revocable.
  2. You understand and agree that while License Triggers may be described as being “purchased”, “bought”, “redeemed” or “spent”, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. Your ability to use any License Triggers related a license is effective immediately once they are placed in your Account. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. We may redeem any unused License Triggers for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.
  3. The terms of any purchase will be explained on the purchase page on our website, where you will provide your billing information and confirm the particulars of your purchase. If you purchase a license that uses License Triggers, your order will represent an offer to us to purchase a license for the relevant feature(s) which will be accepted by us when we make the License Triggers available in your Account or debit your credit card, whichever comes first, and you can then use the feature(s) immediately. Some purchases will automatically renew. If a purchase that automatically renews involves License Triggers, we will charge your payment method upon the expiration of the license you purchased and the number of License Triggers you originally purchased will be added to your Account to allow you to continue to use the licensed feature(s). Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.

Refund policy

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. VIHOR may revise the pricing for the goods and services offered through the Service at any time. You acknowledge VIHOR is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Indemnification

You agree to defend, indemnify and hold harmless VIHOR, its affiliates, 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 attorney's fees) arising from:
  1. your use of and access to the Website;
  2. your violation of any term of these Terms & Conditions;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
You agree to defend, indemnify and hold harmless VIHOR, its parent corporation, affiliates, 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 attorney's fees) arising from: the Website or VIHOR' third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions. VIHOR is a platform designed for the storage and the sharing of files and Users are responsible to always maintain an original copy of any submitted file in case of a complete loss.

Rewards and Payments

Winners Verification and Delivery of Awards

After the process of voting and judging to select award winners has finished, the potential award winners will be notified in accordance with the contact information provided in their respective Submissions via mail, courier, email or other method chosen by the Website, partners and the sponsors in its discretion. VIHOR reserves the right to verify winners collectively or one or more at a time, as it deems appropriate in its discretion and in whatever order it chooses. To be confirmed as a winner and to be awarded the award, Users will be required to confirm full legal rights and ownership of Submission. Should an award notification or award addressed to a particular user be returned as undeliverable, the Website will not resend the notice (whether by the same or another method), research the User's address nor make any further attempts at delivery. In the case that a winner's shipping address is located in a country or area designated by the Website as undeliverable, the Website reserves the rights to provide a cash payment sent via PayPal of equal value of the announced award. Winners will be announced after the required confirmation is received and the respective winners are confirmed. Winners will receive their awards within thirty (30) days of the Websites announcement of the winners. The awards are subject to change at any time without notice and at the sole discretion of the Website.

Releases

By entering a challenge, each User releases and holds harmless the Website, its partners and sponsors, and any participating award providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies, against any and all claims, demands and liabilities arising out of or relating to challenges, User's (and each individual member of User's) participation in a challenge and/or any challenge-related activity, including, without limitation, from winner's use or misuse of an award or any portion thereof. award winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in challenges and/or use/redemption of any award.

Internet

User agrees to be bound by these Terms & Conditions and the Privacy Policy. Website, its partners and sponsors are not responsible for any typographical or other error in the submission, the printing of the offer, administration of challenges or the announcement of the awards. The Website, its partner and sponsors are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by the Website, partners and sponsors on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of the Website, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the challenge, then, subject to any governmental approval which may be required, the Website, its partners and sponsors shall have the right to modify, suspend or terminate the challenge. If technical malfunctions or suspect voting irregularities corrupt the voting process, the Website, its partners and sponsors reserves the right, in its sole discretion, to award awards based solely on the non-suspect votes. In the event of termination, a notice will be posted on the Website and all eligible Submissions received prior to termination will be judged per these official rules. Any use of robotic, automatic, programmed or similar methods of participation or voting will void all such submissions/votes by such methods.

Disqualification

The Website Reserves the right to disqualify any person who tampers with or is suspected of tampering with an entry or the judging and voting process, including any person attempting to solicit, encourage or obtain automated votes. In addition to the rights retained by the Website, its partners and sponsors set forth above, sponsors further reserve the right to disqualify all votes from voters that are deemed to be fraudulent.

Caution

Any attempt by a User to deliberately damage the Website, including but not limited to, the entry site, or undermine the legitimate operation of the challenge is a violation of criminal and civil law. Should such an attempt be made, the Website, its partners and sponsors reserve the right to prosecute and/or seek damages and/or other relief from any such entrant to the fullest extent of the law.

Payments

Payments from VIHOR to Users will be done as a PayPal transfer. Users must own a legitimate PayPal account in order to receive any payment. * Prizes granted on VIHOR are in no way sponsored by or affiliated with Apple, Google or any other app store provider

General

You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over VIHOR, either specific or general, in jurisdictions other than Australia. These Terms & Conditions shall be governed by the internal substantive laws of the Australia, without respect to its conflict of laws principles. Any claim or dispute between you and VIHOR that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Australia. These Terms & Conditions, together with the Privacy Policy and any other legal notices published by VIHOR on the Website, shall constitute the entire agreement between you and VIHOR concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and VIHOR's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. VIHOR reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND VIHOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.