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Last Updated: October 1, 2012
All intellectual property in relation to content on this Site belongs to Feedstripes Ltd. or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by New Zealand and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
The Feedstripes and stripe it! logos are trademark of Feedstripes Ltd. or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
Feedstripes Ltd. does not exclude any rights and remedies in respect of goods or services under the equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Feedstripes Ltd. excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
(a) Feedstripes Ltd. does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at the sole discretion of Feedstripes Ltd. and without notice.
(b) Feedstripes Ltd. will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
(c) Feedstripes Ltd. does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Feedstripes.com or the server that makes it available, are free of viruses or bugs.
(d) Liability of Feedstripes Ltd. for any breach of a term or condition implied by law is limited at the discretion of Feedstripes Ltd., to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify Feedstripes Ltd. and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
This Site may include links to third party sites which are not related to Feedstripes Ltd. and in relation to which Feedstripes Ltd. has no control or interest. The appearance of those links on this site does not indicate any relationship between Feedstripes Ltd. and that third party or any endorsement by Feedstripes Ltd. of that third party, its site or the products or services which it is advertising on this Site.
We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party sites and third party content contained on the Site, to which the Site is linked, or on which Site Content is posted. A search using the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Company. By using the Site and Service, you expressly release us from any and all liability arising from search results or your use of any third party sites or third party content. Our terms and policies do not govern any third party sites, and we encourage you to review the applicable terms and policies of any third party site.
When you submit content to Feedstripes Ltd. in any format, including any text, photographs, graphics, video or audio, you grant Feedstripes Ltd. a non-exclusive, royalty-free, perpetual licence to publish that content.
You agree that Feedstripes Ltd. can use that content in any way, now and in the future. Feedstripes Ltd. also reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
You indemnify Feedstripes Ltd. against any and all legal fees, damages and other expenses that may be incurred by Feedstripes Ltd. as a result of a breach of the above warranty.
You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
Personal Use Only
The Site and Services are made available for your personal, non-commercial use only. You may not use Site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the Company home page or results pages on your Website. You may not "meta-search" the Site. If you want to make commercial use of the Services, you must enter into written agreement with us to do so in advance.
User Conduct; General Practices
You agree not to use the Service or the Site to:
• Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• Use automated scripts to collect information from or otherwise interact with the Service or the Site;
• Upload, post, transmit, share, store or otherwise make available any content on the Site without our express prior written consent;
• Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s).
You acknowledge that we may establish general practices and limits concerning use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
No Representations and Warranties
WE ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SITE OR THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.