WEB SITE TERMS AND CONDITIONS OF USE
Brooklands operates a website at www.brooklands.co.nz (Website). By accessing this Website, you are agreeing to be bound by this Website’s terms and conditions of use (Terms), all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this Website are protected by applicable copyright and trademark law. By using this Website, you accept the Terms in effect at the time of such use and agree to be legally bound by the Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website. In these Terms, “Brooklands”, “we”, “our”, “us” refers to Brooklands Pet Products LP (50143652).
2. USER LICENSE
Permission is granted to use, or download materials on the Website for personal, non- commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. PROPRIETARY RIGHTS
These Terms provide only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that we do not transfer ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Brooklands and its affiliates. Brooklands logos and all other names, logos, and icons identifying Brooklands and its products and services are proprietary trademarks of Brooklands and affiliates and any use of such marks, including, without limitation, as domain names, account identifiers, or as search
terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
4. CONTENT SUBMITTED BY YOU We welcome your comments and feedback on our Website. However, any notes, messages, postings, ideas, suggestions, or other material which you submit to us (User-Posted Content) must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Posted Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User- Posted Content, such that we shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, you represent and warrant that you hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.
You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law.
The materials on the Website are provided “as is” and we make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
We do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
7. INDEMNITY AND LIMITATION OF LIABILITY
By using the Website, you agree to defend, indemnify and hold harmless Brooklands and its affiliates, employees and agents, against any loss, damage (including, without limitation, damages for loss of data or profit, or due to business interruption), liability, cost, expense (including legal fees) asserted by any third party and arising from your use of or inability to access to the Website and any materials and User-Posted Content available on the Website, your breach of any of these Terms; and your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity applies even if Brooklands or a Brooklands’ authorised representative has been notified orally or in writing of the possibility of such damage. This indemnity shall survive the duration of your use of the Website.
9. AVAILABILITY AND CONTINUITY OF SERVICE
You acknowledge and accept that Brooklands reserves the right, at its own and complete discretion, to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
10. LINKS TO OTHER SITES We have not reviewed all of the sites linked to this Website and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Brooklands of the site. Brooklands expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Use of any such linked website is at the user’s own risk.
You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to Brooklands, and such injury may not be quantifiable in monetary damages, and Brooklands would not have an adequate remedy at law. You therefore agree that Brooklands shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.
12. WEBSITE TERMS MODIFICATIONS
13. TERM AND TERMINATION
These Terms will terminate immediately and automatically, upon our notice, if you fail to comply with any sections of these Terms. You may also terminate these Terms at any time by ceasing all use of the Website. Your obligations contained herein will survive the termination of these Terms for any reason.
14. WAIVER AND SEVERABILITY
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
15. GOVERNING LAW
Any claim relating to the Website shall be governed by the laws of New Zealand.
16. INDEPENDENT PARTY
You are an independent party. No joint venture, partnership, employment, or agency relationship exists between you and Brooklands as a result of these Terms or your utilisation of the Website.
17. ENTIRE AGREEMENT
These Terms, any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Brooklands with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Brooklands with respect to the Website (Agreement).
18. NO ASSIGNMENTS
You may not assign or transfer any rights under this Agreement without the prior written consent of Brooklands.
Headings are for convenience only.