VIEZU Technologies Ltd Terms of Service

Last Updated: July 28, 2021 v1r0

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. VIEZU Technologies Ltd (the owners of remap101.co.uk) (together with our affiliates, “VIEZU”, “we”, or “us”) provides an online training service, community and related products, services, content and features through the remap101.co.uk website, such as those for our training , products and services and the interfaces on tablets connected to VIEZU Technologies Ltd, VIEZU’ classroom tutorials, and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and VIEZU-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the VIEZU Sites and Apps, along with the VIEZU tablet and studio interfaces and VIEZU -controlled social media pages are collectively called the “VIEZU Service” or “the Services”. By registering as a member and or enrolling on a training course, or by visiting, browsing, or using the VIEZU Service in any way, you (as a “user”) accept and agree to be bound by these UK Terms of Service (“Terms”), which forms a binding agreement between you and VIEZU Technologies Ltd.

If you do not wish to be bound by these Terms, you may not access or use the VIEZU Service. Certain elements of the VIEZU Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the VIEZU Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

  1. Who May Use the VIEZU Service

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to subscribe to, purchase and or enrol as a VIEZU Training Delegate and become an enrolled VIEZU Training Delegate.

We may, in our sole discretion, refuse to offer the VIEZU Service to any person or entity and change the eligibility criteria at any time. Further, the VIEZU Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

  1. License to Use the VIEZU Service

License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the VIEZU Service, VIEZU grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the VIEZU Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or VIEZU.

Restrictions. Except as expressly permitted in writing by an authorized representative of VIEZU, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the VIEZU Service, nor will you take any measures to interfere with or damage the VIEZU Service. Unless otherwise specified, copying, or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the VIEZU Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by VIEZU in these Terms are reserved.

  1. Privacy

Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.
  1. Enrolment and Registration Requirements, Registration and Membership

To enjoy full access to the VIEZU Service, you must register as a member of the VIEZU Service and enter a subscription and/or pay per service agreement for access to our live and on-demand Classes, Content and Features (a “Subscription”). Your Registration and Enrolment is also governed by these terms and conditions.  You must provide complete and accurate registration information to VIEZU, complete the enrolment process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Enrolment and Registration Status.

Live Online Classes, Webinars, Classroom Tutorials and Online Membership. Participation in our Live Online Classes, Webinars and or Classroom Tutorials is subject to additional fees that are separate from the Subscription fees for VIEZU’s online Content. You must have an account registered on our web site for Live Online Classes or Webinars.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable (in VIEZU’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the VIEZU Service. If you become aware of an unauthorized access to your account, change your password and notify the VIEZU Technical Academy support Team immediately on academy@viezu.com and or infor@viezu.com.

  1. Registration and Enrolment Structure and Fees

VIEZU will provide information on its then-current online courses and Registration and Enrolment Structure and Fees requirements on the VIEZU Site and/or by other means through the VIEZU Service. Features and prices are subject to change.

  1. Sale of Products

VIEZU accepts orders for the Tuning Tools, Hardware and Software and any other equipment, Files or accessories that we may offer through the VIEZU Site or at the https://viezu-master-files.com/ or the https://viezu-master-files.com/ or viezu.com web sites.

Unless otherwise specified at the time of purchase, you must pay for products or services when you place the order. All products and services ordered will be delivered to the shipping address you provide or, made available to at point of use for Online Training Courses.

We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full or in part from you, provided that we will refund any fees that you prepaid for those products if we cancel.

We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the VIEZU Site or to your email address after your payment has been processed.

Digital services, including live digital training courses, webinars and online courses are none-refundable.

  1. Termination; Account Deletion

Term. These Terms begin on the date you first use the VIEZU Service and continue as long as you have an account (registration and enrolment) with us and/or continue to use the VIEZU Service.

Termination. VIEZU may, in VIEZU’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, if VIEZU determines that you have violated any applicable law, these Terms or that your conduct or User Content would tend to damage VIEZU’s reputation or goodwill.

If VIEZU deletes your account, you may not re-register for or use the VIEZU Service under any other username or profile. VIEZU may block your access to the VIEZU Service to prevent re-⁠registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by VIEZU will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and VIEZU is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription, registration or enrolment or, it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the VIEZU Service. VIEZU, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

  1. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the VIEZU Service; and (ii)” User Content” means any content that users (including you) provide to be made available through the VIEZU Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that: (i) all Content provided by VIEZU at no extra charge; and (ii) all User Content, which is accessed by you using the VIEZU Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the VIEZU Service.

As between you and VIEZU, you represent that you own (or have all rights necessary to grant VIEZU the rights below to) all User Content that you submit to the VIEZU Service, and that VIEZU will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant VIEZU a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the VIEZU Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to VIEZU or through the VIEZU Service about improving or adding new features or products to the VIEZU Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to VIEZU a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the VIEZU Service. Other than any obligations we have to remove or delete User Content under applicable law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  1. Rights and Terms for Apps

Rights in App Granted. Subject to your compliance with these Terms, VIEZU grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:

  1. copy, modify or create derivative works based on the App;
  2. distribute, transfer, sublicense, lease, lend or rent the App to any third party;
  3. reverse engineer, decompile or disassemble the App; or
  4. make the functionality of the App available to multiple users through any means.

VIEZU reserves all rights in and to the App not expressly granted to you under these Terms.

Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms are between you and VIEZU, and not with the App Provider, and VIEZU (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of VIEZU.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
    1. product liability claims;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, VIEZU will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  • You represent and warrant that
    1. you are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a terrorist-supporting country;
    2. you are not listed on any UK Government list of prohibited or restricted parties;
    3. you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
    4. you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
  • You must also comply with all applicable third-party terms of service when using the App.
  1. General Prohibitions and VIEZU’s Enforcement Rights

You agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any User Content or engage in any activity that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
    7. exploits minors or
    8. promotes illegal or harmful activities or substances;
  2. Download and/or install any third-party software and/or application on any VIEZU hardware (excluding assistive technologies that are necessary for your own use of the VIEZU Service, such as screen-readers) that is not expressly permitted by VIEZU in writing;
  3. Use, display, mirror or frame the VIEZU Service or any individual element within the VIEZU Service, VIEZU’s name, any VIEZU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without VIEZU’s express written consent;
  4. Access, tamper with, or use non-public areas of the VIEZU Service, VIEZU’s computer systems, or the technical delivery systems of VIEZU’s providers;
  5. Attempt to probe, scan or test the vulnerability of any VIEZU system or network or breach any security or authentication measures;
  6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VIEZU or any of VIEZU’s providers or any other third party (including another user) to protect the VIEZU Service or Content;
  7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the VIEZU Service;
  8. Attempt to access, scrape or search the VIEZU Service or Content or download Content from the VIEZU Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by VIEZU or other generally available third-party web browsers;
  9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  10. Use any meta tags or other hidden text or metadata utilizing a VIEZU trademark, logo URL or product name without VIEZU’s express written consent;
  11. Use the VIEZU Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by VIEZU;
  12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the VIEZU Service or Content to send altered, deceptive or false source-identifying information;
  13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the VIEZU Service or Content;
  14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the VIEZU Service;
  15. Collect or store any personally identifiable information from the VIEZU Service from other users of the VIEZU Service without their express permission;
  16. Copy, use, index, disclose or distribute any information or data obtained from the VIEZU Service, whether directly or through third parties (such as search engines), without VIEZU’s express written consent;
  17. Alter, replicate, store, distribute or create derivatives from the Content available via the VIEZU Service except as expressly permitted in writing by VIEZU;
  18. Impersonate or misrepresent your affiliation with any person or entity;
  19. Access, use or exploit the VIEZU Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with VIEZU or the VIEZU Service;
  20. Violate any applicable law or regulation; or
  21. Encourage or enable any other individual to do any of the foregoing.

You also agree to abide by the VIEZU Community Guidelines and Moderation proving VIEZU with the final decision.

Although we’re not obligated to monitor access to or use of the VIEZU Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the VIEZU Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the VIEZU Service and VIEZU’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the VIEZU Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Member Interactions, Dealings with Third Parties

When interacting with other VIEZU members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the VIEZU Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that VIEZU is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes on any of our platforms or classrooms, please be advised that VIEZU is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place in classrooms and the directions of that class by VIEZU employees and representatives.

  1. NOT USED
  2. Third Party Software and Applications

Downloading and/or installing any third-party software and/or applications that are not expressly authorized by VIEZU on any VIEZU hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by VIEZU.

  1. Third Party Links and Content

There may be links on the VIEZU Service that let you leave the particular VIEZU Service you are accessing in order to access a linked site that is operated by a third party. VIEZU neither controls nor endorses these sites, nor has VIEZU reviewed or approved the content that appears on them. VIEZU is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that VIEZU is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, software, hardware, content, goods or services available on or through these third party sites.

  1. No Warranties

VIEZU reserves the right to modify the VIEZU Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the VIEZU Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the VIEZU Service. VIEZU has no obligation to screen or monitor any Content and does not guarantee that any Content available on the VIEZU Service is suitable for all users or that it will continue to be available for any length of time.

VIEZU provides the VIEZU Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the VIEZU Service at your own risk. VIEZU expressly disclaims all warranties, conditions, statutory rights and implied terms that it is able to exclude under applicable law. Without limiting the foregoing, VIEZU makes no representations or warranties:

  • That the VIEZU Service is or will be permitted in your jurisdiction;
  • That the VIEZU Service will be uninterrupted or error-⁠free;
  • Concerning any Content, including User Content;
  • Concerning any third party’s use of User Content that you submit;
  • That the VIEZU Service will meet your personal or professional needs;
  • That VIEZU will continue to support any particular feature of the VIEZU Service; or
  • Concerning sites and resources outside of the VIEZU Service, even if linked to from the VIEZU Service.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.

  1. Limitation of Liability

Nothing in these Terms is intended to exclude or limit VIEZU’s liability for death or personal injury caused by our negligence, for fraudulent misrepresentations or for any other liability that cannot be excluded or limited by applicable laws.

Subject to the above, and to the fullest extent permitted by law:

  1. VIEZU shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the VIEZU Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
  2. VIEZU’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to VIEZU over the 12 months preceding the date your first claim(s) arose.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of VIEZU’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between VIEZU and you.

  1. Safety Warnings

THE VIEZU SERVICE OFFERS AUTOMOTIVE ECU RECALIBRATION AND INFORMATION RELATING TO TOOLS AND SOFTWARE IN CONNECTION WITH THIS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL TECHNICAL ADVICE, OR DIAGNOSIS.

NOTHING STATED OR POSTED ON THE VIEZU SITE OR AVAILABLE THROUGH ANY VIEZU SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF BUSINESS ASSISTANCE.

THE VIEZU SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, VIEZU MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN AUTOMOTIVE RESEARCH MAY IMPACT THE INFORMATION PROVIDED.  NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE VIEZU SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

  1. Intellectual Property Acknowledgment

You acknowledge and agree that your use of the VIEZU Services and any Content contained therein is dependent upon you agreeing to and abiding by the VIEZU Intellectual Property and DMCA Policy at all times. You further acknowledge that the VIEZU Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All VIEZU-generated content, and content provided to VIEZU by its partners and licensors, is copyrighted individually and/or as a collective work under the UK copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and VIEZU; VIEZU own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the VIEZU Service.

  1. Intellectual Property Usage and Reporting Infringement

VIEZU respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the VIEZU Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please g report it to us at info@viezu.com.

  1. NOT USED
  2. Contracting Entities, Governing Law and Jurisdiction

All users are contracting with VIEZU Technologies Ltd, 31 Bidavon Industrial Estate, Waterloo Road, Bidford on Avon, Warwickshire, United Kingdom, B50 4JB, unless otherwise specified in these Terms.

VIEZU Technologies Limited
Domicile/Court of Registry: London, England/Courts of England & Wales
Commercial Register Number: 6687347

If your contract for the VIEZU Service is with VIEZU Technologies Ltd, these Terms shall be governed by UK laws, without regard to principles of conflicts of law. If your contract for the VIEZU Service is with another VIEZU entity, these terms shall be governed by the laws of the jurisdiction under which that VIEZU entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Subject to the agreements in Section 20 above,

  1. if your contract for the VIEZU Service is with another VIEZU entity, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that VIEZU entity is incorporated, and you consent to the jurisdiction of those courts.
  1. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. The failure to exercise or delay in exercising a right or remedy provided to a party under these Terms shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of these Terms shall constitute a waiver of any subsequent breach of the same or any other provision. Each right or remedy of a party under these Terms is without prejudice to any other right or remedy of that party under these Terms or at law. VIEZU’s rights and remedies hereunder are cumulative and not exclusive.

  1. Successors; Assignment; No Third-Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without VIEZU’s prior written consent. VIEZU may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

THIRD PARTY RIGHTS

A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

  1. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from VIEZU electronically. VIEZU may communicate by email or by posting to the VIEZU Service. For support-related inquiries, you may email Support. For all other notices to VIEZU, write to the following address:

Viezu Technologies Ltd

31 Bidavon Industrial Estate

Waterloo Road

Bidford on Avon

Alcester

Warwickshire

B50 4JN

 

Telephone: +44 (0) 1789 774444

Email: academy@viezu.com

 

Nothing in these Terms or otherwise limits VIEZU’s right to object to subpoenas, claims, or other demands.

  1. Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the VIEZU Site and/or through the VIEZU Service. Modifications will be effective on the date that they are posted to the VIEZU Site. It’s important that you review the Terms whenever we update them before you use the VIEZU Service. If you continue to use the VIEZU Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the VIEZU Service anymore. Because the VIEZU Service is evolving over time we may change or discontinue all or any part of the VIEZU Service, at any time and without notice, at our sole discretion.

  1. Entire Agreement

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the VIEZU Site from time to time.

VIEZU Intellectual Property

VIEZU respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the VIEZU brand, the VIEZU Service, our instructors and community, we ask that you respect our intellectual property rights and adhere to this Policy and the Terms of Service, including Section 18 (Intellectual Property Acknowledgement).

As between you and VIEZU, VIEZU owns the VIEZU Service, the Content, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the VIEZU Service, other than content that has been licensed to us by third parties (collectively, “VIEZU IP”). This includes all intellectual property and proprietary rights in and to such VIEZU IP. As a reminder, the VIEZU Service is only for your personal, non-commercial use.

The VIEZU name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of VIEZU Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the VIEZU Service or in this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the VIEZU Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the VIEZU Service. All rights not expressly granted in this Policy or the

Terms of Service are reserved.

Authorized Use of VIEZU Intellectual Property

VIEZU Content and Trademarks. Only VIEZU and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose.

Any permitted use must at all times be made in accordance with the agreement between licensee and VIEZU and must adhere to the following requirements:

* The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the colour, ratio, audio, audio-visual, font or materials captured or contained therein.

* Include attributions as required by VIEZU.

* Such use presents VIEZU, the Content, and our products, services and brand in a favourable light.

* The Trademarks or VIEZU name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses (such as “_VZU_, _VIESU_”), phonetic equivalent, or foreign language translations.

* The “VIEZU” word mark appears less prominently than the name of your service or product.

* Any reference to VIEZU and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between VIEZU and/or the Content or our services and products and you or your products and services.

Any unauthorized use of our Trademarks or Content is strictly prohibited.

Compatibility. Licensees may use the “VIEZU” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the VIEZU Service or our products, provided that they comply with the requirements of Section above and the following requirements:

Compatibility is not dependent upon your access to the VIEZU Service or our API and does not violate the Terms of Service.

The service or product may in fact be used with or is compatible with the VIEZU Service or our products.

Use of VIEZU’s logo without our express permission is strictly prohibited.

Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any VIEZU Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.

Depictions of VIEZU Products and/or Services. VIEZU logos, company names, product names, or images of VIEZU products (e.g., silhouettes of the VIEZU logo) or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that VIEZU endorses, sponsors or is affiliated or associated with the product, service or promotion. VIEZU does not support the imitation of distinctive VIEZU products, web design, logos, packaging or typefaces.

Rules for Referencing VIEZU Products and Services. Please remember that any use of the Trademarks should be used as an adjective not as a noun or gerund (e.g., “VIEZUing”).

VIEZU Intellectual Property Restrictions and Reservations

Except as expressly permitted by VIEZU, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any VIEZU IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the VIEZU Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the VIEZU Service. Any unauthorized or prohibited use of any VIEZU IP may violate or infringe copyrights or other intellectual property laws of the United Kingdom and other countries, as well as applicable local and UK laws, and may subject you to liability for such unauthorized use.

VIEZU retains all right, title and interest in and to the VIEZU IP, and except for the limited rights and licenses granted to you under this Policy or the Terms of Service, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the VIEZU IP, or any of VIEZU’s rights or interests therein.

Third Party Intellectual Property Infringement

If you believe that the VIEZU Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us at academy@viezu.com.

 

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:

Your name, address, telephone number, and email address.

A description of the copyrighted work that you claim has been infringed.

A description of where on the VIEZU Site the material that you claim is infringing may be found, sufficient for VIEZU to locate the material (e.g., the URL).

A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your electronic or physical signature.

You may submit this information, or any counter-notice, via:

Email, with the subject line “Copyright Notices” to:

academy@viezu.com

Offline:

VIEZU Technologies Ltd

31 Bidavon Industrial Estate

Waterloo Road

Bidford on Avon

Warwickshire

B50 4JN

 

If properly notified that any materials infringe a third party’s copyright, VIEZU will promptly remove such materials from the VIEZU Site in accordance with the UK the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, VIEZU may, when appropriate, terminate the accounts of repeat copyright infringers.

VIEZU may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

In the event of a conflict between any policies posted on the VIEZU Service and these Terms, these Terms will control. These Terms represents the entire understanding between VIEZU and you regarding the VIEZU Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1. Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.