Ownership

Access to the Website and Conditions of Business

Your use of the Website is conditional on your acceptance and compliance with the following terms, conditions, notices and disclaimers, as well as those elsewhere posted on the Website ("Terms of Use").

These Terms of Use govern every contract made for the supply of services, between Lime Virtual Studio and You - any person, firm or company ("Client"). The terms prevail over any written terms and conditions of the Client.

Your use of and access to information, documents, files, text, data, photographs, graphics, music, sound, video and other material available either through the Website, or by any other form of our communication to you ("Content") and all services operated by Lime Virtual Studio ("Services"), constitutes a legally binding agreement between you and Lime Virtual Studio to the Terms of Use. Lime Virtual Studio reserves the right to amend the Terms of Use at any time, without notice at its sole discretion. These ammendments may be made by any means including, without limitation, posting on the Website, or by email or conventional mail, or by any other means. Such ammended terms supersede prior understandings or agreements on the subject matter thereof.

You acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Any questions or comments regarding, or problems with, the Website should be emailed to the Website administrator immediately.

Copyright

All Content published on the Website, excluding property of a third party, are copyright © Lime Virtual Studio 2006. Lime Virtual Studio reserves all rights.

Intellectual Property

Apart from any dealing as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, no part of the Content or design of the Website (excepting work that we prepare for you) may be directly or indirectly reproduced, adapted, copied, stored in a retrieval system, published, framed, linked, uploaded, modified or transmitted in any form by any means or by any medium otherwise for any purpose whatsoever without the prior written permission of Lime Virtual Studio.

The use of materials from the Website on any other website or networked computer environment is similarly prohibited. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Lime Virtual Studio or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.

Your use of the Website does not create a licence or any other rights with respect to the trade marks, service marks, copyright, or other intellectual property or proprietary rights in or on the Website.

Rights to photos, graphics, source code and work-up files are specifically not transferred to the Client, and remain the property of their respective owners. Lime Virtual Studio retains the right to display work prepared for you, as examples of work in its portfolio.

Any work submitted to the Client (whether submitted separately or in conjunction with or as a part of other material) shall remain the property of Lime Virtual Studio, until the Client has paid Lime Virtual Studio in full, for its services in preparing such material.

Copyright in other material

Lime Virtual Studio makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.

Lime Virtual Studio is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.

Copyright in client supplied material

Lime Virtual Studio claims no copyright in material submitted to us for the purposes of fulfilling your instruction.

You warrant that you own or control all rights, have obtained all copyright, or have permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Lime Virtual Studio.

You also warrant that no copyright or moral rights will be infringed by Lime Virtual Studio carrying out the requested work.

You agree to indemnify Lime Virtual Studio against all losses, damages, claims or expenses which Lime Virtual Studio may incur by virtue of any breach of the above warranties.

User conduct

In using the Website, including the Services available through it, you agree:

• to use the Website for lawful purposes only;
• not to disrupt or interfere with any other's use of the Website or affiliated or linked websites;
• not to upload, post, or otherwise transmit through the Website any virus or other harmful, disruptive, or destructive material which may violate or infringe in any way upon the rights of others;
• not to create a false identity;
• not to use or attempt to use another's account, keyword, service, or system without authorisation from Lime Virtual Studio;
• not to access or attempt to access other client's projects stored at the Website, which you are not authorised to access;
• not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, or any Services, system resources, accounts, keywords, servers, or networks connected to or accessible through the Website or any affiliated or linked websites.

International users

The Website (excluding any linked third party websites) is controlled, operated, and administered by Lime Virtual Studio within Victoria, Australia. Lime Virtual Studio makes no representation that the Website, or the Services available through it, are appropriate or available for use at other locations outside Australia. Access to the Website from territories where the Website or any of its Services are illegal, is prohibited.

By accessing the Website, you accept that any disputes about the Services, the Website or the Content are to be determined by the courts having jurisdiction in Victoria, Australia according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

Lime Virtual Studio does not represent that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from a location outside Australia, you do so at your own risk and responsibility. You are responsible for ensuring compliance with all applicable laws in the place where you are located.

Third party websites and advertising

In some instances, Lime Virtual Studio will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (collectively, the "Third-Party Services") through advertisements and links provided on the Website. Lime Virtual Studio may receive a fee from certain advertisers when a user accesses the linked website from the Website or if a user purchases goods or services from the Third-Party Services.

Lime Virtual Studio is not responsible for the advertisements nor content of any linked website or any hypertext reference link contained in a linked website. Linked websites are not controlled nor monitored by Lime Virtual Studio, and do not indicate, either expressly or implied, that Lime Virtual Studio endorses, approves or sponsors the linked websites, their content, or the products or services offered there. Lime Virtual Studio does not warrant the quality, accuracy, integrity, performance, merchantability or fitness for purpose of any material on other websites to which Content is linked.

Any interactions, correspondence, and/or business dealings in which you engage with the Third-Party Services; or your participation in any of their promotions or offers, including any purchase of goods or services you may make from the Third-Party Services; and any other terms, conditions, guarantees, warranties, or representations associated with such interactions, are solely and entirely between you and the Third-Party Services.

You expressly acknowledge and agree that you will not hold Lime Virtual Studio responsible or liable for any harm, loss, or damage of any kind incurred as a result of any such interactions, correspondence, or business dealings.

It is your responsibility to find out the Third-Party Services' individual terms of use and not rely on the Lime Virtual Studio Terms of Use agreement. You access their websites and use or buy their products and services solely at your own risk.

Quotations

All quotations given by Lime Virtual Studio will be valid for 28 days from the date of quotation. If the Client's order changes from the original specification made for the quotation, Lime Virtual Studio reserves the right to vary the quotation.

Data transmission

Lime Virtual Studio will not accept responsibility for loss of earnings to the Client for untransmissable data. It is solely the responsibility of the Client to obtain and maintain all connection, computer hardware and other equipment needed to receive data from, or transmit data to, Lime Virtual Studio. It is also the responsibility of the Client to provide the correct email address among other contact details to Lime Virtual Studio.

Turnaround times

Turnaround times which are quoted, are normal target times only and Lime Virtual Studio accepts no liability for failure to meet these times, but will use its best endeavours to do so.

Supplied material

The Client may supply only material to Lime Virtual Studio that is:

• owned by the Client,
• submitted with the express permission of the owner or within the scope of the licence to such content, or
• in the public domain.

The Client must not supply any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

All material supplied by the Client to Lime Virtual Studio are usually not returned. Lime Virtual Studio reserves the right to dispose of such material if the Client does not specifically request its return at the time of supply.

Lime Virtual Studio’s liability to the Client or any other party for the loss including theft, or destruction or damage to any materials received from the Client for whatever reason:

• will be limited to the replacement cost of the actual material and;
• Lime Virtual Studio will not be liable for the cost of rephotographing or reprinting the material and;
• Lime Virtual Studio will not be liable for any loss or damage to the client or any other party including loss of income and;
• It is the clients responsibility to insure against such loss and damage.

Trademarks

All trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks of Lime Virtual Studio and others.

The use of a third party trade mark on the Website is not intended to indicate any association with, or endorsement by, the owner of that trade mark.

Nothing on the Website should be construed as granting in any way a license or right to use any trademark displayed on the Website, without the written permission of the trademark owner. Lime Virtual Studio aggressively enforces intellectual property rights to the fullest extent of the law. The name of Lime Virtual Studio or the logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior, written permission. Lime Virtual Studio prohibits use of the logo as a "hot" link to any website unless establishment of such a link is approved in advance by Lime Virtual Studio. Except as expressly set forth in these Terms of Use, nothing contained on the Website may be construed as granting any license or right to use any content or trademark displayed on the Website without the prior written consent of its owner or authorised licensee. All rights are reserved. 

Key Code

Lime VirtualStudio will automatically insert a small code in an inconspicuous place to help you/others identify us as the producers of your work. This job number wil also enable us to retrieve your project from our archives, should we need to at a later date. Example of the code style: LimeVirtualStudio LVS12345/04. Please advise us if you wish to modify it to insert any of your own identifying code at the end of the key code.

Security

You must keep your member names and keywords secure and must not disclose them to unauthorised personnel in the course of using the Website. You acknowledge that your member names and keywords will allow anybody using them to gain access to all sections of the Website which you would ordinarily gain access to. You are responsible for damages resulting from all uses of your member names and keywords whether actually or expressly authorised by you.

You must immediately notify Lime Virtual Studio if you suspect your keyword security has been compromised or if you suspect any unauthorised use of your keyword has taken place.

Lime Virtual Studio does not guarantee the security of using the Website or any systems used to access the Website.

Disclaimers

All Content is provided without express or implied warranty. Lime Virtual Studio makes no warranties or representations regarding the quality, accuracy, completeness, currency, merchantability or suitability for a particular purpose of the Content or Service.

Lime Virtual Studio does not warrant or represent that the functions contained in the Content, or your access to the Website, will be reliable, uninterrupted or error-free. There may be defects, errors, programming bugs or computer viruses in the Website or the server which stores and transmits the Content to you.

Indemnity and liability

You agree to indemnify and hold Lime Virtual Studio, its agents, its suppliers, its contractors and employees, harmless from any claim or demand, against any direct, consequential indirect or incidental loss or damage suffered (such as expenses, or loss of revenue, data, business or goodwill), which results from you or any third party using or relying on the Services or Content, your use of the Website, your connection to the Website, your violation of the Terms of Use, the actions of any member of your organisation, or your violation of any rights of another person or entity; whether or not it is caused by any negligent act or oversight on the part of Lime Virtual Studio.

You acknowledge that Lime Virtual Studio is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or the theft, destruction, damage or unauthorised access to your computer system or network.

Lime Virtual Studio will not be liable for failing to complete any contract between Lime Virtual Studio and the Client due to circumstances beyond Lime Virtual Studio’s control including loss of power supply, machine breakdown, loss of materials or data, fire, storm, flood, act of God, war, civil disturbance or terrorism.

You assume the entire cost of any verification of any Content which you wish to assess and evaluate; and should make these enquiries before entering into any transaction. Lime Virtual Studio does not check the accuracy of the Content and neither Lime Virtual Studio nor the Third-Party Services is under any obligation to give notice of any corrections or amendments.You agree that your use of the Website and employment of the Services is at your own risk.

Price and payment

Invoices from Lime Virtual Studio to the Client for supply of goods or services should be paid in full on receipt of invoice, by cheque, direct deposit or credit card.

The completed job will NOT be released until payment is confirmed.

Lime Virtual Studio reserves the right (without disclosing a reason) to demand payment for work on collection at any time.

The Client will pay Lime Virtual Studio any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).

Termination

Lime Virtual Studio may at any time without notice immediately terminate this agreement and your use and access to the Website. In the event of termination, you are no longer authorised to use or access the Website, however, all restrictions imposed on you and all Lime Virtual Studio disclaimers and limitations of liability set out in the Terms of Use survive the termination.

Severability

Certain laws, including the Trade Practices Act 1974 and similar State and Territory legislation in Australia, may not permit the exclusion of certain warranties or limitations or exclusions of liability or incidental or consequential damages. Accordingly, some of the limitations set forth may not apply to you. Lime Virtual Studio and its contractors’ total liability to you for any breach of such term is limited to the re-supply of the Services.

If a court of competent jurisdiction in Victoria, Australia finds any provision of the Terms of Use, or portion thereof, to be invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.

Any failure by Lime Virtual Studio to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Headings

The headings used in the Terms of Use are purely for convenience. They carry no legal or contractual effect and shall not be used to construe meaning or intent.