General
1. These terms and conditions apply to your access to, and use of, this website. If you continue to use this website you are agreeing to comply with and be bound by these terms and conditions.
2. These terms and conditions may be amended by us without notice from time to time. Amendments will be effective at the time the amended terms and conditions are posted on this website. You are responsible for ensuring you are aware of the current terms and conditions.
3. The terms “Propellerhead”, “we”, “us” and “our” are a reference to Propellerhead Limited as the holder of the domain name www.propellerhead.co.nz. References to “you” and “your” are a reference to you as a user of this website.
4. If you have any questions regarding these terms and conditions, you can contact us by email at info@propellerhead.co.nz or by post at: PO Box 911095, Victoria Street West, Auckland Central 1142
Your use of this website
5. You agree not to use this website to:
(a) upload, post or otherwise transmit or disseminate any software, material, comment or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable;
(b) infringe the copyright or other intellectual property rights of any other person;
(c) undertake any purpose that is unlawful or not permitted by these terms and conditions or contemplated within the ordinary use of this website;
(d) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(e) harm or bully anyone, including minors, in any way;
(f) interfere with the operation of this website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening or impairing this website or interfering with any other party’s use and enjoyment of this website;
(g) employ a robot, spider or other process or device to harvest e-mail addresses or other information or to monitor activity on this website;
(h) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website;
(i) orimpersonate another person or entity or to forge any e-mail communication or message.
No warranties for information on this website
6. You agree that your use of and reliance on information on this website is entirely at your own risk. You acknowledge that while we endeavour to ensure that the information we have provided on this website is accurate, we do not make any representation or warranty that the information we have provided is accurate or up-to-date.
Links to and from this website
7. From time to time this website may include links to other websites. Those websites are not under our control. The links are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites and any privacy policy before you use them as they may be different to those governing this website.
8. You may not create a link to this website from another website (other than to the home page) without our prior written consent, which may be given, withheld or retracted at our sole discretion.
Privacy
9. We will collect, use, disclose and store Personal Information in accordance with the Privacy Act 1993. Should you contact us, including by completing the Contact form available on our website, we will collect your name, email address, any message submitted by you and any other Personal Information which you provide to us, for the purpose of contacting you and responding to that message and for any other lawful purpose. If you do not provide us with the information as requested on this form, we will be unable to respond. We may disclose any Personal Information we collect to third party service providers. You have the right to request access to personal information which we hold about you and to request a correction of your personal information.
Intellectual property
10. All information on this website is protected by copyright.
11. We are the owners, or are licensed users, of all intellectual property rights used on or in connection with this website.
12. No licence is granted to any person in respect of the intellectual property rights used on this website as a result of publication on this website. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.
13. You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on this website without our prior written permission.
14. Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on this website for your personal use only. Any copyright notice on that information must be retained on the copy.
Exclusion of our liability
15. You acknowledge and agree that:
(a) to the maximum extent permitted at law, any and all liability of us and our directors, officers and employees to you under or in connection with these terms and conditions, this website or your use of this website is excluded; and
(b) the exclusion in paragraph (a) applies regardless of whether liability arises in contract, tort (including negligence), equity or by statute or other legislation, and whether such liability is for direct, indirect, consequential or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings.
16. All warranties, whether express or implied, as to the accuracy, currency, completeness, fitness for purpose or usefulness of the information contained in this website are excluded to the extent permitted by law.
17. It is up to you to ensure you are protected against viruses, worms, trojan horses, spyware, malware or other items of a destructive or harmful nature.
Your indemnity
18. You agree to indemnify, and keep indemnified, us and our directors, officers and employees against any and all actions, claims, proceedings, losses, liabilities, damages, costs and expenses (including legal costs) suffered or incurred by any of those persons arising out of or in connection with:your use of this website; andany breach by you of these terms and conditions.
Severability
19. If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, that provision (or part of that provision) will be severed from the remaining terms and conditions, which will continue in full force and effect.
Governing law
20. These terms and conditions, your use of this website, any information contained on it, and any dispute arising out of such use of this website are subject to the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of this website and any dispute arising out of such use of this website.
