Website Agreement
Burnt Thumb Group Ltd Web Site
Agreement
The
www.burntthumbgroup.co.nz Web Site (the "Site") is an online
information service provided by Burnt Thumb Group Ltd
("www.burntthumbgroup.co.nz "), subject to your compliance with the
terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are
www.burntthumbgroup.co.nz, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to www.burntthumbgroup.co.nz a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to
www.burntthumbgroup.co.nz by all means and in any media now known or hereafter
developed. You also grant to www.burntthumbgroup.co.nz the right to use your
name in connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
www.burntthumbgroup.co.nz for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
www.burntthumbgroup.co.nz.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or service marks of www.burntthumbgroup.co.nz. Other
product and company names mentioned in the Site may be the trademarks of their
respective owners.
2.
Use of the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by www.burntthumbgroup.co.nz, www.burntthumbgroup.co.nz
does not operate, control or endorse any information, products or services on
the Internet in any way. Except for www.burntthumbgroup.co.nz- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with www.burntthumbgroup.co.nz a. You also
understand that www.burntthumbgroup.co.nz cannot and does not guarantee or
warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. www.burntthumbgroup.co.nz PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND www.burntthumbgroup.co.nz SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.burntthumbgroup.co.nz DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.burntthumbgroup.co.nz HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
www.burntthumbgroup.co.nz BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.burntthumbgroup.co.nz OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, www.burntthumbgroup.co.nz LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
www.burntthumbgroup.co.nz
makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-www.burntthumbgroup.co.nz web site, please understand that it is independent
from www.burntthumbgroup.co.nz, and that www.burntthumbgroup.co.nz has no
control over the content on that web site. In addition, a link to a
www.burntthumbgroup.co.nz web site does not mean that www.burntthumbgroup.co.nz
endorses or accepts any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless www.burntthumbgroup.co.nz, its
officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of www.burntthumbgroup.co.nz and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own
behalf.
5.
Term; Termination.
This
Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.
Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the laws of
Any
rights not expressly granted herein are reserved.