Terms of Use
CARLBATES.COM
WEBSITE TERMS OF USE
Terms, Conditions and Notices as of April 1, 2010
Sirdar Global Operations Limited provides this Website,
www.carlbates.com (the
"Website"), and its related services to you subject to the
following notices, terms and conditions ("Terms of Use").
Please read these Terms of Use carefully BEFORE using the
Website. Your continuing access and/or use of this Website
SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any
time you do not wish to accept these Terms of Use, you may
choose not to use the Website. Any additional terms and
conditions proposed by you which are in addition to or which
conflict with these terms and conditions of service are
expressly rejected by
Sirdar Global Operations
Limited
and shall be of no force
or effect.
Any rights not expressly granted herein are reserved.
MODIFICATIONS AND UPDATE
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION
HEREEIN.
CARLBATES.COM MAY MAKE CHANGES TO THE SERVICES OR
PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE
DISCRETION. The most current version of these terms can be
reviewed by clicking on the "Terms of Use" link located at
the bottom of our website pages. These notices, terms, and
conditions are subject to change in the sole and absolute
discretion of
www.CarlBates.com. All updates, enhancements, new
features and or the addition of additional web properties
(in the form of additional web pages or websites) are
immediately subject to these terms and conditions. Your
continued use of the CarlBates.com website constitutes your
continued acceptance to all such notices, terms and
conditions as modified.
USE OF SITE
CarlBates.com may, in its sole discretion and without
notice, deny any person or company's access to this Website
or any portion thereof. As a condition of your use of this
Website, you will not use the Website for any purpose that
is unlawful or prohibited by these Terms of Use. You may not
use this Website in any manner that could damage, disable,
overburden, or impair any CarlBates.com server or interfere
with any other party's use and enjoyment of the Website and
services offered herein. You may not attempt to gain
unauthorized access to other's accounts, information,
computer systems or networks connected to the CarlBates.com
server or to any of the services or products offered via the
website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available through the website.
This Website, any portion of this Website and any software,
products or services obtained herein may not be decompiled,
disassembled, reverse engineered, uploaded, reproduced,
modified, distributed, transmitted, duplicated, copied,
sold, resold, displayed, performed, published, licensed,
used to create derivative works from, transferred or
otherwise exploited for any commercial purpose that is not
expressly granted by CarlBates.com.
CarlBates.com reserves the right to refuse service,
terminate account(s), and/or cancel orders in its
discretion, including, without limitation, if CarlBates.com
believes that conduct violates applicable law, is harmful to
the interests of CarlBates.com and its affiliates or any
other reason. CarlBates.com further reserves the right to
pursue any legal action available against any user whose use
violates local law or these Terms of Use.
Availability of this Website or particular information or
services herein is subject to change without notice.
CHILDREN UNDER 18
CarlBates.com does not sell products for or provide
information or services to children. If you are under 18,
you may use CarlBates.com only with involvement of a parent
or guardian. CarlBates.com reserves the right to refuse
service, terminate accounts, remove or edit content, or
cancel orders/ requests in its sole discretion.
UNSOLICITED IDEA SUBMISSION POLICY
CarlBates.com or any of its
employees do not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, suggestions,
new promotions, new products or technologies, concepts,
ideas, notes, processes, materials, marketing plans, new
product names or other materials other than those it has
specifically requested. Please do not send any original
creative artwork, samples, demos, or other works. The sole
purpose of this policy is to avoid potential
misunderstandings or disputes when CarlBates.com
's products or marketing
strategies might seem similar to ideas submitted to
CarlBates.com. So, please do not
send your unsolicited ideas to CarlBates.com
or anyone at CarlBates.com.
If despite our request that you not send us your ideas and
materials, you still send them, please understand that
CarlBates.com makes no
assurances that your ideas and materials will be treated as
confidential or proprietary. Unless otherwise agreed,
CarlBates.com may edit, copy,
publish, distribute, translate, and otherwise use in any
medium any such materials that you forward to
CarlBates.com and will own
exclusively all such rights, titles, and interest and shall
not be limited in any way in its use, commercial or
otherwise. CarlBates.com is
and shall be under no obligation to: (1) maintain any of
your materials in confidence; (2) to pay to you or any user
any compensation for any such materials; or (3) to respond
to any of your or any other user's materials.
LINKS TO THIRD PARTY SITES
CarlBates.com may contain links to
other websites ("Linked Sites"). Linking to such Linked
Sites will let you leave the Website. Unless otherwise
indicated, CarlBates.com is
not affiliated with any of the Linked Sites. The Linked
Sites are not under the control of CarlBates.com
and CarlBates.com is not
responsible for the contents of any Linked Site, including,
without limitation, any link contained in a Linked Site, or
any changes or updates to a Linked Site.
CarlBates.com does not endorse or
make any representations about any Linked Site, any
information, software or other products or materials found
in a Linked Site, or any results that may be obtained from
using these links. CarlBates.com
is providing these links only as a mere convenience, and the
inclusion of any link does not imply endorsement by
CarlBates.com. If you decide to
access any of the third party websites linked from this
Website, you do so entirely at your own risk.
LINKING TO
CARLBATES.COM
Linking to
CarlBates.com from another website
("Linking Site") is only allowed under the following
conditions. A Linking Site may link to, but not replicate,
CarlBates.com 's content. A
Linking Site shall not create a frame, browser or border
environment to CarlBates.com
's content and a Linking Site
shall not imply that CarlBates.com
is endorsing it or its products. The Linking Site shall not
misrepresent the Linking Site's relationship with
CarlBates.com, shall not provide
false information about CarlBates.com
's products or services, and shall
not unlawfully use the copyrights or trademarks owned by
CarlBates.com or others.
Linking Sites shall abide by any and all applicable laws.
LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS,
ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED
HEREIN ARE PROVIDED 'AS IS" WITHOUT WARRANTY OF ANY KIND.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR.
CARLBATES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS
INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY
APPLICABLE LAW,
CARLBATES.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS
AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
CARLBATES.COM DOES NOT WARRANT THAT THE WEBSITE IS
COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES
THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES"
OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT
LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH
DESTRUCTIVE FEATURES. IN NO EVENT, SHALL
CARLBATES.COM AND OR ITS AFFILIATES, OFFICERS, DIRECTORS
OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
CARLBATES.COM THROUGH THIS WEBSITE.
COPYRIGHT NOTICE
Copyright
© 2010, Sirdar Global Operations Limited,
www.CarlBates.com and Carl Bates. All
rights reserved.
COPYRIGHT
All content and otherwise protectible features of this Website,
including but not limited to the design, arrangements,
layout, software, text, graphics and images were created by
or at the direction of CarlBates.com,
are the property of CarlBates.com
and are protected by New Zealand,
South African and international
copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED,
IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO
IS GIVEN BY
CARLBATES.COM IN WRITING. The
compilation, collection, arrangement, and assembly of all
content on this site is the exclusive property of
CarlBates.com, except where
stipulated, and is protected by New Zealand and
South African and international copyright laws. All software
used on this site is the property of CarlBates.com
or its software suppliers and is protected by New
Zealand, South African and
international copyright laws. The images used on this
Website are the property of their respective copyright
owners, and are used by CarlBates.com
pursuant to express authorization from the copyright owners
or their agents. The content, images and software on this
Website may be used as a shopping resource. Any other use,
including, the reproduction, modification, distribution,
transmission, republication, or display, of the content,
images and software on this Website is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
CarlBates.com reserves the right,
but not the obligation, to terminate your license to use
this Website if it determines in its sole and absolute
discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately
determined to be infringing. CarlBates.com
accommodates and does not interfere with standard technical
measures used by copyright owners to protect their
materials. In addition CarlBates.com
has implemented procedures for receiving written
notification of claimed infringements and for processing
such claims in accordance with the Act. All claims of
infringement must be submitted to CarlBates.com
in a written complaint that complies with the requirements
below and is delivered to our designated agent to receive
notification of claimed infringement:
By mail:
PO Box 23100
Wellington
New Zealand
By phone:
+64 4 473 2555
By email:
office@carlbates.com
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent,
trademark or other proprietary right must include the
following information:
-
A physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an
exclusive right that is allegedly infringed or (2) the
person defamed.
-
Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification,
a representative list of such works at that site.
Similarly, for materials that are defamatory or infringe
patent, trademark, or other proprietary rights of a
third party, please submit a list of such materials.
-
Identification of the material that is claimed to be
infringing, to be the subject of infringing activity, or
that is claimed to be defamatory and that is to be
removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate
the material.
-
Information reasonably sufficient to permit
CarlBates.com
to contact you, such as your address, telephone number,
and/or electronic mail address.
-
A statement that you have a good faith belief that use
of the material in the manner complained of is not
authorized by the copyright or other proprietary right
owner, its agent, or the law.
-
A statement that the information in the notification is
accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed or on behalf of the
person defamed.
EXPORT CONTROL
Unless otherwise specified, the materials on this Website are
presented solely to provide information regarding and to
promote
CarlBates.com's services and other
products available in both New Zealand and
South Africa, their territories, possessions and
protectorates. The Website is controlled and operated by
CarlBates.com from its offices within the province of
Western Cape, South Africa and Wellington, New Zealand.
CarlBates.com makes no
representation that materials on the Service are appropriate
or available for use outside South Africa or New
Zealand. Those who choose to access the Website from outside
South Africa or New Zealand do so
on their own initiative and are responsible for compliance
with local laws, if and to the extent that local laws
are applicable. Software from the Website is further subject
South Africa and New Zealand
export controls.
SEVERABILITY
If any provision of these terms, conditions and notices are found
to be invalid or unenforceable, that provision will be
enforced to the maximum extent permissible, and the
remaining provisions with remain in full force.
APPLICABLE LAW
This site is created and controlled by Sirdar Global
Operations Limited in New Zealand. As such, the laws of New
Zealand will govern these notices,
terms, and conditions, without giving effect to any
principles of conflicts of laws.
PRIVACY See our Privacy
Policy relating
to the collection and use of your information. |
