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Terms of Use
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 Welcome
to the Web Site of Edesignz Limited. Please review the
Terms and conditions concerning your use of this Web Site.
By
accessing, using or downloading ANY materials from the
Web site, you automatically agree to follow and be bound
by the following Terms and Conditions (the "Terms").
Edesignz Limited ("Edesignz") reserves the right
to change the Terms at any time and in its sole discretion.
In case of any violation of the Terms, Edesignz reserves
the right to seek all remedies available to it in law
and in equity. |
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OWNERSHIP
You acknowledge that all materials
provided on this Web site, including but not limited
to information, documents, products, logos, graphics,
sounds, images, software, and services ("Materials"),
are provided either by Edesignz or by their respective
third party authors, developers and vendors ("Third
Party Providers") and the underlying intellectual
property rights are owned by Edesignz and/or its
Third Party Providers. Elements of the Web site
are protected by trade dress and other laws and
may not be copied or imitated in whole or in part.
Edesignz, the Edesignz logo, and other items referenced
herein are trademarks of Edesignz, and may be registered
in certain jurisdictions. All other product names,
company names, marks, logos, and symbols may be
the trademarks of their respective owners. |
LIMITED
LICENSE; RESTRICTIONS
Subject to the terms and conditions
of this Agreement, Edesignz hereby grants you permission
to display, cache, and download Edesignz's Materials
on this Web site provided that: (1) you display
the relevant ownership notices provided with the
Materials; (2) Except as provided in a separately
executed Agreement between you and Edesignz, the
use of such Materials is solely for your personal,
non-commercial and informational use and will not
be used for commercial gain; and (3) the Materials
are not modified in any way. This permission terminates
automatically without notice if you breach any of
these terms or conditions. |
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as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or
by any means, including but not limited to electronic,
mechanical, photocopying, recording, or other means,
without the prior express written permission of
Edesignz or the Third Party Provider. Also, you
may not "mirror" any Materials contained
on this Web site on any other server without Edesignz's
prior express written permission. |
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where expressly provided otherwise by Edesignz,
nothing on this Web site shall be construed to confer
any license under any of Edesignz's or any Third
Party Provider's intellectual property rights, whether
by estoppel, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses.
Materials provided by Third Party Providers have
not been independently reviewed, tested, certified,
or authenticated in whole or in part by Edesignz.
Edesignz does not provide, sell, license, or lease
any of the Materials other than those specifically
identified as being provided by Edesignz. |
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unauthorised use of any Materials contained on
this Web site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes. |
TERMINATION
OF SERVICES/ WEB SITE
Edesignz may modify or discontinue
its Web site or the Materials provided here at any
time, with or without notice to you. Edesignz will
not be liable to you or any third party as a result
of such modification or discontinuation. Edesignz
reserves the right, in its sole discretion and at
any time, to terminate your access to the Web site
and/or any of its services without liability to
you or any third-party. In addition, access to the
Web site may be monitored by Edesignz. Upon termination
of these Terms, you will immediately destroy any
downloaded or printed Materials. |
LINKS
TO THIRD PARTY SITES
This Web site may contain links to
Web sites controlled by parties other than Edesignz.
Edesignz is not responsible for and does not endorse
or accept any responsibility for the contents or
use of these third party Web sites. Edesignz is
providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement
by Edesignz of the linked Web site. You should refer
to the policies posted by other Web sites regarding
privacy and other topics before you use them. It
is your responsibility to take precautions to ensure
that whatever you select for your use is free of
viruses or other items of a destructive nature.
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FEEDBACK
Except where expressly provided otherwise
by Edesignz, all comments, feedback, information
or materials submitted to Edesignz through or in
association with this Web site ("Feedback")
shall be considered non-confidential and Edesignz's
property. By providing such Submissions to Edesignz,
you agree to assign to Edesignz, at no charge, all
worldwide rights, title and interest in copyrights
and other intellectual property rights to the Submissions.
Edesignz shall be free to use and/or disseminate
such Submissions on an unrestricted basis for any
purpose. You acknowledge that you are responsible
for the Submissions that you provide, and that you,
not Edesignz, have full responsibility for the Submissions,
including their legality, reliability, appropriateness,
originality and copyright. |
DISCLAIMER
THE MATERIALS ON THE WEB SITE ARE
PROVIDED "AS IS", ARE EXPERIMENTAL, AND
ARE FOR COMMERCIAL USE ONLY, AND EDESIGNZ HEREBY
DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
EDESIGNZ MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES,
OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS
CONTAINED ON THE WEB SITE OR ANY OTHER WEB SITE
REFERENCED BY THIS WEB SITE |
LIMITATION
OF LIABILITY
IF YOU ARE NOT SATISFIED WITH OUR
WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR
USE OF THE WEB SITE. EDESIGNZ SHALL NOT BE LIABLE
FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING
THE MATERIALS, OR USE OR INABILITY TO USE THE WEB
SITE. IN NO EVENT SHALL EDESIGNZ BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS,
REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN
IF EDESIGNZ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR
THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND
YOU WILL NOT MAKE A CLAIM AGAINST EDESIGNZ FOR LOST
DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS,
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD EDESIGNZ HARMLESS FROM, AND YOU
COVENANT NOT TO SUE EDESIGNZ FOR, ANY CLAIMS BASED
ON OR RELATED TO THE USE OF THE WEB SITE. THE EFFECTIVENESS
OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION
TO YOUR USE OF THIS WEB SITE. |
INDEMNIFICATION
In exchange for accepting the benefits you receive
by accessing this Web site, you agree to defend,
indemnify, and hold harmless Edesignz, its officers,
directors, employees, agents, and partners, from
and against any claims, actions, or demands, including
without limitation reasonable legal and accounting
fees, made by any third party due to or resulting
from your use of the Web site, your violation of
these Terms, or your violation of any laws, regulations,
or third-party rights. |
EDESIGNZ
PRIVACY POLICY
Edesignz is concerned about your
privacy and has developed a policy to address those
concerns. You can find the current privacy policy
by clicking on 'Privacy Statement' at the bottom
of each page of the Web site, or by clicking
here. |
GENERAL
These Terms will be governed by and
construed in accordance with the laws of New Zealand,
excluding that body of law governing conflict of
laws. Any legal action or proceeding relating to
or arising out of these Terms or your use of the
Web site will be brought in a Court in Wellington,
New Zealand, and you submit to the venue and personal
jurisdiction of such court. If any provision of
these Terms is held to be invalid or unenforceable,
such provision will be enforced to the greatest
extent possible and the remaining provisions will
remain in full force and effect. Headings are for
reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such
section. Our failure to act with respect to a breach
by you or others does not waive our right to act
with respect to subsequent or similar breaches.
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| Except
for other agreements or terms appearing on the Web
site, these Terms set forth the entire understanding
and agreement between us with respect to the subject
matter hereof.. |
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