Tiscali Movies Now

Terms And Conditions

Agreement to Terms and Conditions

Website Use

Material

Joining Us

Payments

Account Security

Download to Rent

Download to Own

General Terms and Conditions

End-User License Agreement for Vizumi^TM software

AGREEMENT TO TERMS AND CONDITIONS
- Acceptance of Terms and Conditions
  1. The Tiscali Movies Now service (“the service”) is owned and operated by Vizumi, a brand of Arts Alliance Media limited. References to “we”, “us”, “our” or “the service” are references to Arts Alliance Media. We are a company registered in England and Wales, and our address for correspondence is 9-11 North End Road, London W14 8ST. References to “the website” refer to the pages within the tiscali.co.uk/moviesnow website.
  2. Your use of this website is at all times subject to these Terms and Conditions and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
- Changes to Terms and Conditions
  1. We may change these Terms and Conditions at any time. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. It is your responsibility to check the Terms and Conditions on each occasion that you access the website.
back to top
WEBSITE USE TERMS AND CONDITIONS
1. Subject to agreeing to these Terms and Conditions, you may view this website using your web browser and electronically copy and print hard copies of parts of this site for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any material from this website (whether downloaded or not) is strictly prohibited. Certain content may be downloaded from this website and is subject to a separate license as set out in our Video on Demand Terms and Conditions (see section 7 below).
2. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
3. You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal or immoral purpose.
4. As with any online interaction and electronic communication, there is an inherent risk involved in transmitting and receiving information via the Internet. We do not guarantee that the system is free from hackers or viruses, or that information provided by users to us will not be stolen or otherwise surreptitiously obtained. We are not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this website or with respect to any of the materials contained on this website.
5. Neither us nor any third-party provider of content for the website warrants that the website or its content will be uninterrupted or error free, free from viruses or security breaches. The website content is not guaranteed to be accurate, timely or verified. The website and the website content are presented and distributed on an "as is" and "as available" basis.
back to top
MATERIAL ON THIS WEBSITE
- Copyright
  1. All materials (including software and content whether downloaded or not) contained on this website are owned by us, our affiliates and/or licensors, unless indicated otherwise. You agree and acknowledge that you shall not acquire any ownership rights by downloading any content from this website. The material may not be used except as provided for in these terms, without our written permission.
- Trade marks
  1. All trade marks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right to use, alter or remove such material.
- Disclaimer of contents
  1. You agree that in respect of any information that you send or otherwise communicate on our website or by correspondence directly to us, you grant us a non-exclusive royalty-free license to display, use, reproduce or modify that information on any Arts Alliance Media-powered websites (namely tiscali.co.uk/moviesnow), newsletters and any other platform, including on mobile phones or television. We may use such information without compensation or acknowledgement to you for any purpose whatsoever, including but not limited to marketing, developing, improving or otherwise modifying our website or our business.
  2. We do not accept any responsibility for the contents of any third party website that may be linked to the website by way of hypertext links or other means of reference. You may not link our website to another website without our prior written consent.
back to top
JOINING US
To use download-to-rent and download-to-own download services:
1. You must be at least 18 years of age. Persons under the age of 18 are not permitted to use the service;
2. You must live in the United Kingdom (including Northern Ireland);
3. You must have a valid credit or debit card;
4. You agree to provide us with personal details (including your name, email address, postal address and credit card details) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions;
5. We may refuse any application to receive our services for any reason whatsoever.
back to top
PAYMENTS
1. You agree that we may charge your credit or debit card on commencing download of any chargeable content from this website.
2. You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.
3. You agree not to hold us responsible for banking charges incurred due to payments failing on your account.
4. We may, in our sole discretion, change the fees for any services at any time.
back to top
ACCOUNT SECURITY
1. You agree that you are solely responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer. You will not hold us responsible for any unauthorised use of your account. You agree to take reasonable care in protecting your account from unauthorised use. You will take adequate steps to log out of your account and close all open browser windows when using publicly accessible computers (for example, computers in such locations as internet cafes, libraries, web enabled payphones, kiosks and other shared computers). If you suspect unauthorised use of your account, you must notify us immediately by email.
back to top
DOWNLOAD TO RENT TERMS AND CONDITIONS
1. Certain areas of this website offer download-to-rent website content ("DTR Content"), which you are entitled to download and view for a limited period. You download films to rent on a pay-per-download (PPD) basis (the “PPD Content”). PPD Content is available at different prices as set out on the website, depending on film and the download quality selected. We reserve the right to change the PPD prices at any time. You agree to pay for all PPD Content that you download through the service, regardless of whether you actually view the PPD Content during the license period granted to you.
2. The authorised period available to watch the film is displayed before download. The authorised period may be set either by reference to when the PPD Content is downloaded, first played, or a combination of the two. We reserve the right to change the time period with respect to all PPD Content, but will not change the time period with respect to items of PPD Content that you have already paid for. You can watch the PPD Content whenever you want, as many times as you want, during the authorised time period. After that time, if you want to watch the PPD Content, you will have to download the PPD Content again and pay the prevailing price.
3. Content Licensor’s Rights: You acknowledge and agree that the PPD Content is owned by third parties who are intended third-party beneficiaries under the Agreement. AS THIRD PARTY BENEFICIARIES, EACH THIRD PARTY SUPPLIER OF CONTENT TO THE PPD SERVICE HAS THE RIGHT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT THAT DIRECTLY CONCERN THEIR CONTENT, AND THEY MAY PURSUE ANY AND ALL LEGAL REMEDIES AVAILABLE TO THEM TO PROTECT THEIR INTELLECTUAL PROPERTY RIGHTS. You may not reproduce any PPD Content. Your use of the PPD service or PPD Content, or the delivery of PPD Content to you, does not and will not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any portion of the PPD Content, including (but not limited to) any sound recording, underlying musical composition or artwork embodied in any PPD Content.
4. You must be accessing this website via a computer from within the UK in order to download and view the PPD Content. Your ability to download and/or view the PPD Content may also be restricted depending upon the equipment you are using to access this website, the bandwidth available to you and other factors outside of our control.
back to top
DOWNLOAD TO OWN TERMS AND CONDITIONS
1. Certain areas of this website offer download-to-own website content ("DTO Content"), which you are entitled to download and view for an unlimited period on specific devices, provided that you agree to the applicable DTO contract Terms and Conditions prior to purchase and pay the applicable DTO Content fee. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or licence in the DTO Content, or use the DTO Content in any manner other than as set forth above or as otherwise stated on the website at the time you purchase the DTO Content. Any additional usage rules set forth on the website shall become part of, and are incorporated into, these Terms and Conditions of Use.
2. Please note that your ability to download and/or view DTO Content will depend upon having sufficient technical equipment, including connectivity and bandwidth available to you to properly download and view DTO Content. Prior to purchasing DTO Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the DTO Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view DTO Content.
3. Your purchase of DTO Content will entitle you to download from us any appropriate content files (displayed at point of purchase) at any time after purchase of the DTO Content licence.
4. You will be entitled to retain one file relating to the DTO Content on the hard drive of your personal computer (or other device specifically authorised by Arts Alliance Media) to which the DTO Content is initially delivered via a connection to the Services over the Internet. This file is not transferable to, or usable on, any other device.
5. You will be entitled to retain one file relating to the DTO Content that is transferable to one other device, being a portable device that is compatible with the appropriate format which will be clearly displayed at point of purchase. You will need to synchronise your chosen device with your personal computer in order to transfer the relevant file. Once you have transferred the relevant file to a portable device, you will not be entitled to transfer the file to any other device either from your personal computer or from your portable device.
6. In order to enable viewing of your DTO Content on personal computers other than the one to which it was initially delivered, you will have to obtain a new licence by connecting each such computer to the Services via an Internet connection, logging in to your Account, and purchasing and downloading a new licence.
7. We may determine from time-to-time in our sole discretion those devices that are compatible to receive a licence to view DTO Content as indicated on the website at the time of downloading and installing the new licence. Any rights granted to you hereunder (or on the website at the time of purchase) to make and keep any copies of DTO Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any DTO Content.
8. You are solely responsible for retaining a permanent copy of the DTO Content. If the Content that you purchase does not download and play correctly, please contact Customer Service and we will endeavour to resolve the problem. Once you have successfully downloaded a copy of DTO Content, we will not replace the DTO Content if you are unable to play it or if you lose the DTO Content including if the file becomes damaged or corrupt, is accidentally deleted, your computer crashes, is lost or destroyed, your hard drive fails or the DTO Content does not play for any other reason.
9. In addition to the downloaded DTO Content, purchase of DTO Content may entitle you to receive a physical DVD copy of the same material, which will be sent to your postal address. The physical DVD that you will receive will not be the standard retail version. It may not include retail-version DVD packaging or studios' "bonus" material.
back to top
GENERAL TERMS AND CONDITIONS
- Promo codes
  1. Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
  2. Arts Alliance Media reserve the right to withdraw any promotion or offer without notice and with immediate effect.
  3. Customers must comply with the terms and conditions of Vizumi offers and may be liable if they exceed the limitations of such offers.
  4. All Vizumi offers and competitions are open to UK residents, aged 18 and over only.
  5. Specific offers:
    1. "Download the latest films from 99p” – this offer is valid from 9th March until 17th April 2007. Titles are from a specific collection and downloads are limited to a max of 3 per user per week; a week will commence on a Friday and finish at midnight on a Thursday (usual cost is £2.99 per download).
    2. "Download the latest films for free" – this offer is valid from 9th March 2007 until 11th April 2007. Titles are from a specific collection and downloads are limited to a max of 2 per person (usual cost is £2.99 per download).
    3. “Win and Archos Player” - all customers that purchase a film for £2.99 between the 9th and 16th March 2007 will be entered into a prize draw, subject to the following conditions;
      1. There are seven daily prize draws from Friday, March 9 to Friday March 16, 2007 (inclusive). Entries for each draw must be received by 11.59pm on the day of each draw.
      2. Only one entry per person into each of the daily prize draws. Late, incomplete or corrupt entries will not be accepted. The winner of each daily prize draw will be drawn at random from all entries received by the closing time for that days prize draw.
      3. Each winner will be contacted within seven days of each daily prize draw.
      4. All prizes are non transferable and there are no cash alternatives.
      5. Winners will be asked to confirm their postal address before the prize is dispatched. Winners will be listed on the Vizumi website following receipt of confirmation. All prizes are subject to availability, should any prize be unavailable a prize of similar price or specification will be substituted.
      6. The winner may be required to participate in publicity.
      7. Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof.
      8. Persons connected with Vizumi, Arts Alliance Media or any of the prize draw sponsors are ineligible.
- Disclaimer of warranties and limitations on liability
  1. This website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website, or any conduct by users of the website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
  2. In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- Applicable law
  1. This website is controlled by Arts Alliance Media. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
- Assignment by us
  1. You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
- No waiver
  1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
- Force majeure
  1. We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- Third party rights
  1. Except as expressly provided for above, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
  back to top
End-User License Agreement for Vizumi^TM software
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE VIZUMI DOWNLOAD MANAGER SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

Vizumi and its suppliers own all intellectual property in the Software. Vizumi permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third-party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "ReadMe" file located near such materials.
1. Definitions. "Software" means (a) all of the contents of the files, including but not limited to (i) Vizumi or third-party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Vizumi (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Vizumi. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Vizumi" means Arts Alliance Media Limited, a company incorporated in England and Wales under registration number 4801432, 9-11 North End Road, London W14 8ST, United Kingdom.
2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), Vizumi grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
  1. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
  2. Server Use and Distribution.
    1. Subject to the terms of this Agreement, you may install any number of copies of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software (from an unlimited number of client computers on your internal network) via (i) the Network File System (NFS) for UNIX versions of the Software or (ii) Windows Terminal Services. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data, or instructions from or to another computer or (ii) for internal network, Internet, or web hosting services.
  3. Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.2.1 and 2.3, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.
  4. No Modification. You may customize or extend the functionality of the installer for the Software as specifically allowed by instructions found at http://www.Vizumi.com/support/main.html or http://partners.Vizumi.com (e.g., installation of additional plug-in and help files). You may not otherwise alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by Vizumi for downloading Vizumi content, viewing download progress, stopping or pausing downloads, launching windows media player to play back content, viewing license information and cataloging titles. You are not authorized to integrate or use the Software with any other software or plug-in. You are not authorized to integrate or use the Software with any (a) plug-in software not developed in accordance with the Vizumi Integration Key License Agreement or (b) other software or enhancement to programmatically interface with the Software for the purpose of (i) saving data locally (on the same Computer), except when allowed through the use of Document Feature(s) that have been activated using enabling technology from Vizumi, (ii) creating a file that contains data (e.g., an XML or comments file), or (iii) saving modifications to a PDF file.
  5. Third-Party Website Access. The Software allows you to access third-party websites ("Third-Party Sites"). Your access to and use of any Third-Party Sites, including any goods, services, or information made available from such sites, is governed by the terms and conditions found at each Third-Party Site, if any. Third-Party Sites are not owned or operated by Vizumi. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. VIZUMI MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD-PARTY SITES.
3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Vizumi and its suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Vizumi and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United Kingdom and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Vizumi and its suppliers.
4. Restrictions
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Vizumi may have to support the previous versions of the Software may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you "AS IS" and Vizumi makes no warranty as to its use or performance. VIZUMI AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, VIZUMI AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL VIZUMI OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VIZUMI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. VIZUMI'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Vizumi's liability to you in the event of death or personal injury resulting from Vizumi's negligence or for the tort of deceit (fraud). Vizumi is acting on behalf of its suppliers for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please contact Vizumi's Customer Support Department.
8. Export Rules. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by any export laws, restrictions, or regulations of the United Kingdom (collectively the "Export Laws"). All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in England and Wales. The competent courts of England and Wales shall have nonexclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Vizumi. Updates may be licensed to you by Vizumi with additional or different terms. This is the entire agreement between Vizumi and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
11. Compliance with Licenses. If you are a business or organization, you agree that upon request from Vizumi or Vizumi's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Vizumi.
12. Specific Exceptions.
  1. Prerelease Product Additional Terms. If the product you have received with this license is precommercial release or beta Software ("Prerelease Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Prerelease Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a prerelease version, does not represent the final product from Vizumi, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Prerelease Software is provided to you "AS-IS," and Vizumi disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRERELEASE SOFTWARE, BUT IT MAY BE LIMITED, VIZUMI'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIVE POUNDS STERLING (GB£5.00) IN TOTAL. You acknowledge that Vizumi has not promised or guaranteed to you that Prerelease Software will be announced or made available to anyone in the future, Vizumi has no express or implied obligation to you to announce or introduce the Prerelease Software, and that Vizumi may not introduce a product similar to or compatible with the Prerelease Software. Accordingly, you acknowledge that any research or development that you perform regarding the Prerelease Software or any product associated with the Prerelease Software is done entirely at your own risk. During the term of this Agreement, if requested by Vizumi, you will provide feedback to Vizumi regarding testing and use of the Prerelease Software, including error or bug reports. If you have been provided the Prerelease Software pursuant to a separate written agreement, such as the Vizumi Pilot terms and conditions, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign, or transfer the Prerelease Software. Upon receipt of a later unreleased version of the Prerelease Software or release by Vizumi of a publicly released commercial version of the Software, whether as a standalone product or as part of a larger product, you agree to return or destroy all earlier Prerelease Software received from Vizumi and to abide by the terms of the license agreement for any such later versions of the Prerelease Software.
This version last updated 2nd April 2007

Terms And Conditions

Shopping Basket