Scope and Applicability
We reserve the right to modify or change this Agreement at any time as we deem appropriate and posting the modified version to the Site or such other method of notification as we may prescribe from time to time, which you agree shall be sufficient notice for the purpose of this section. Such modified version of the Agreement shall automatically be effective upon posting to the Site. Your access of the Site and usage of the Service following any such modification or change constitutes your agreement to abide and be legally bound by the Agreement as so modified or changed. You are therefore advised to review the Agreement regularly to ensure you are aware of any changes. Any breach shall result in the immediate and automatic termination of all rights and licence granted hereunder.
You may use (and, in specified instances where applicable, download) the Service, the Site, and the information, writings, images, photos, graphics, video, audio, data, text, software and/or other works that you see, hear or otherwise experience on the Site in the manner we have permitted or intended (singly or collectively, the “Content”) solely for your non-commercial and personal purposes and/or to learn about us, and our products and services.
You are granted a limited, revocable, non-transferable and non-exclusive right to create a hyperlink to our home page so long as you do not portray the Site, the Service, the Content, or us in a false, defamatory, derogatory or offensive manner. However, unless you are specifically permitted by us in writing to do so, you are not to mirror, frame or utilise framing techniques on this Site, the Service or the Content, or connect “deep links” to the Site (i.e. create links to the Site that bypass the home page or other parts of the Site). This limited right may be revoked at any time in our sole discretion.
For the avoidance of doubt, no right, title or interest in any Content is transferred to you, whether as a result of your downloading such Content or otherwise. Please be aware that all Content is our property and/or the property of our content providers and is protected by applicable copyright laws.
Please be aware that the Site, the Service and the Content (including for this purpose, any information on, about or from third parties or relating to third party products and services) is provided on “as is” and on an “as available” basis, in respect of which we make no express or implied representations, warranties or endorsements whatsoever. We also expressly disclaim all and any representations and warranties (whether statutory, express or implied by law) to the extent permitted by law, including implied warranties of accuracy, compatibility, completeness, fitness for any particular purpose, merchantability, non-infringement, satisfactory quality, security and title, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the Site.
We do not warrant that the functions performed by the Site, the Service or the Content will be uninterrupted, timely, secure or error-free, or that errors or defects in the Site, the Service or the Content, if any, will be corrected, or the Site or our server that makes it available will be free of viruses or bugs. Neither can we guarantee or warrant that the Service, the Content, or any files or software available for downloading through the Site will be free of infection by software viruses or other harmful computer codes, files or programmes, and you accept the risk that any information transmitted or received on or through the Site or Service may be accessed by unauthorised third-parties and/or disclosed by us and our officers, employees or agents to third-parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
• Under no circumstances will we be liable for any of the following losses, damage or expenses (whether such losses, damages or expenses were foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action):loss of data;
• loss of revenue or anticipated profits;
• loss of business;
• loss of opportunity;
• loss of goodwill or injury to reputation;
• any indirect, consequential, special or exemplary damages, arising from (and irrespective of whether we have been advised of such possibility or occurrence);
• the use of or inability to use the Site, the Service, or the Content;
• any transaction conducted through or facilitated by the Site;
• any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service or the Content;
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, officers, employees, agents, and any third-party information providers to the Site and the Service, from and against all claims, losses, expenses, damages, penalties, settlement sums and costs (including, but not limited to, direct, incidental, consequential, special, exemplary and indirect damages), and legal costs on an indemnity basis, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any breach or non-compliance by you of this Agreement.
We do not want to receive confidential or proprietary material, information, or data from you via the Site or the Service. If you do so, you agree that any such material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”, and including for this purpose, any feedback you send to us regarding any area of our existing businesses, ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names) will be considered and regarded by us as non-confidential and non-proprietary. For all Submissions:
• you warrant, represent and undertake that you have the unencumbered legal right to transmit to us or post the Submission and that it will not infringe or violate any applicable laws or the rights of any person or entity; and
• you hereby grant us a royalty-free, irrevocable, perpetual, sub-licensable, transferable, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction whatsoever or any responsibilities to you.
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