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This website is operated by USANZ Extended Marketing LLC (“USANZ Extended Marketing”). By using and/or visiting this website (“Website”), you signify your acceptance of these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms, then please do not use the Website.
When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A. USANZ Extended Marketing hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without USANZ Extended Marketing’s prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or the Website or its affiliates without Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Companies or its affiliates’ name or trademarks without Company’s the express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without Company’s express written permission.
B. In order to access some features of the Website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify USANZ Extended Marketing immediately of any breach of security or unauthorized use of your account. Although USANZ Extended Marketing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of USANZ Extended Marketing or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Website in a manner that sends more request messages to USANZ Extended Marketing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, USANZ Extended Marketing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. USANZ Extended Marketing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
Intellectual Property Rights
All content on this Website, including without limitation, the articles, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to USANZ Extended Marketing, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners unless specifically indicated otherwise. USANZ Extended Marketing reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
A. The Website permits you and other users to submit Information Products and provides for the hosting and/or publishing of such Information Products. By submitting an Information Product, you hereby grant USANZ Extended Marketing and its affiliates and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable right to (and the right to grant others the right to) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, publicly and digitally perform the in any media formats and through any media channels. For clarity, you retain all of your ownership rights in your Information Product. You grant Company and its affiliates and sublicensees the right to use your name and the Information Product title in connection with the advertisement, promotion, distribution and sale of the Information Product and in connection with the advertisement and promotion of Company and its affiliates and sublicensees and the Website.
B. You shall be solely responsible for any Information Product you submit and the consequences of its posting or publishing. In connection with any Information Product you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize USANZ Extended Marketing to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any Information Products you submit to enable inclusion and use of the Information Products in the manner contemplated by the Website and these Terms of Service; and (ii) the Information Product will not constitute unfair competition, defamation, libel, or breach of contract.
C. In connection with any Information Product you submit, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including publishing rights, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant USANZ Extended Marketing all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage USANZ Extended Marketing or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
USANZ Extended Marketing does not endorse any Information Product or any opinion, recommendation, or advice expressed therein, and USANZ Extended Marketing expressly disclaims any and all liability in connection with all Information Products submitted. USANZ Extended Marketing does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and USANZ Extended Marketing will remove all Content and Information Products if properly notified that such Content or Information Product infringes on another’s intellectual property rights. USANZ Extended Marketing reserves the right to remove Content and Information Product without prior notice. USANZ Extended Marketing will also terminate a user’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Information Product or Content removed from the Website more than twice. USANZ Extended Marketing also reserves the right to decide whether Content or a Information Product is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. USANZ Extended Marketing may remove such Information Product or Content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. If you are a copyright owner or an agent thereof and believe that any Information Product or other Content infringes upon your copyrights, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
E. Upon downloading an Information Product, you shall be granted a limited, non-exclusive license to download, copy said Information Product to any memory device, including but not limited to hard drives, thumb drives, etc, for your personal computers, book reader or mobile devices, and you may not modify, adapt, translate, rent, lease, loan, sublicense, assign, resell or otherwise distribute in any way the Information Product.
F. You understand that when using the Website, you will be exposed to Information Products from a variety of sources, and that USANZ Extended Marketing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Information Products. You further understand and acknowledge that you may be exposed to Information Products that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against USANZ Extended Marketing with respect thereto, and agree to indemnify and hold USANZ Extended Marketing, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, USANZ EXTENDED MARKETING, ITS AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. USANZ EXTENDED MARKETING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE CONTENT AND THE INFORMATION PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF USANZ EXTENDED MARKETING’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. USANZ EXTENDED MARKETING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND USANZ EXTENDED MARKETING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALLUSANZ EXTENDED MARKETING, ITS AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE CONTENT OR INFORMATION PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF USANZ EXTENDED MARKETING’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USANZ EXTENDED MARKETING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT USANZ EXTENDED MARKETING, ITS AFFILIATES AND SUBLICENSEES SHALL NOT BE LIABLE FOR THE INFORMATION PRODUCT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by USANZ Extended Marketing from its facilities in various locations around the world and in accordance with US Federal and State Laws. USANZ Extended Marketing makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless USANZ Extended Marketing, its affiliates, sublicensees and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website the Content and any Information Product; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Information Product submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by USANZ Extended Marketing without restriction.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact USANZ Extended Marketing with the information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A specific description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.