Terms of Use

By using this website, you agree to be bound by the terms detailed in this agreement.

Visual Departures, Ltd. (“VDL”) has created this website (www.visualdepartures.com, “Site”) in order to provide information on our products and the products we distribute in addition to offering general photographic advice. The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by VDL and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws.

VDL owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.

Financial Disclosure

This website endorses products manufactured and/or sold by VDL. Text disclosing this financial interest is featured in the sidebar on each page of this website in accordance with FTC regulations.

Your Use

Your access to and use of the Site is subject to the following Terms and all applicable laws:

  • You shall use the Site for lawful purposes only.
  • You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
  • Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without VDL’s prior written approval, contain advertising or any solicitation with respect to products or services.

Any conduct by you that, in VDL’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

Our Materials

Materials posted on this website are copyrighted by VDL and may not be copied, translated, decompiled, reverse engineered, or otherwise republished (whether with or without monetary gain) without the written permission of VDL.

Embedded Video on Third Party Sites

We do encourage and promote the use of the “Embed” function with respect to our instructional videos. However, these videos must be embedded with all Visual Departures branding intact and may not be re-branded or otherwise obscured with alternate logos or web addresses.

Trademarks

Flexfill, Flexloc, Steadybag, Gelly Roll, Dewitt’s Brush, Camera Key, microGAFFER, and Wobble Wedges are registered trademarks of VDL. The Site features other products that are registered trademarks of third parties; these will be made clear where applicable.

Violation

Persons or organizations VDL recognizes to be in violation of any part of this agreement will be prosecuted to the fullest extent of the law.

Limitation of Liability

While we make every effort to ensure safety, Visual Departures, Ltd., its partners, affiliates, and employees cannot be held responsible for any loss resulting from advice given on our website. The Site and Materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.

VDL does not warrant the accuracy, reliability or completeness of any information contained on this site. Nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.

VDL assumes no responsibility and shall not be liable for any damages of any nature caused by the use of this site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in this site.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Under no circumstances will VDL, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site any Web sites linked to the site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other Web sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not VDL was advised of the possibility of such damages.

VDL shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.

VDL’s obligations and responsibilities regarding its products and services are governed solely by VDL’s terms and conditions of sale or license under which such products and services are sold or licensed.  Copies of such terms and conditions are available from the applicable entity.

Third Parties

VDL may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-VDL Web site does not mean that VDL endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk.

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of VDL.

Changes

VDL reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, VDL is under no obligation to update Materials.

VDL may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change VDL makes to the Site will be considered acceptance of those changes.

You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Governing Law

These Terms shall be governed by the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between VDL and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.