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Terms and Conditions
INTRODUCTION
These Terms & Conditions govern your use of this website. Use of this website, and the information and materials distributed in conjunction with this website, is made available to you only through your acceptance of these Terms & Conditions, our Privacy Policy and such other notices that may be posted on this website from time to time (collectively referred to herein as the "Terms & Conditions"). Your use of this website or of any content presented herein indicates your acknowledgment of and agreement to our Terms & Conditions. If you are not willing to be bound by and comply with all of the foregoing, you may not access or use this website or any of its content.
VARIATION
These Terms & Conditions are subject to change by Evolve Marketing Ltd (EVOLVE) at any time and at our sole discretion without notice or liability to you or any other person. Any changes to these Terms & Conditions shall be effective immediately following such changes being posted on this website. You agree that any subsequent use by you of this website following changes to these Terms & Conditions shall constitute your acceptance of all such changes. Please therefore consult these Terms & Conditions each time you access this website. These Terms & Conditions were last modified on June 5, 2010.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
"EVOLVE" is a registered trade mark and the Evolve logo device is a trade mark of Evolve Marketing Ltd. Such trade marks are and shall remain the exclusive property of Evolve Marketing Ltd, and any unauthorised use of these marks is unlawful. Other trademarks that may be displayed on this website are the property of their respective owners.
Unless otherwise stated, we or our licensors own the intellectual property rights in this website and all Content on the site, which is protected by international copyright law. All our intellectual property rights are reserved. You acknowledge and agree that all Content available on this site is protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. Unless expressly authorised by Evolve, you agree not to license, sell, rent, distribute, copy, modify, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Any such action is strictly prohibited without the express written permission of Evolve.
Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this website. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:
- A physical or electronic signature of a person authorised to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or email address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Evolve Marketing Ltd, PO Box 74169, Market Rd, Auckland 1543, New Zealand.
Email: EvolveHelpDesk [at] gmail.com
N.B. We are only able to correspond in English.
THIRD PARTY REFERENCES, HYPERLINKS, WEBSITES, CONTENT, PRODUCTS AND SERVICES
You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through this website and any of their services, including payment for and delivery of any goods and services, are solely between you and such third parties. If Evolve provides access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind that you may incur as a result of, or in connection with, any dealings or transactions with such third parties.
This site may link you to other sites on the Internet, and other sites may link to this site. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. Such other sites that link either to or from us are not under the control of Evolve, and you acknowledge that Evolve is not responsible for any content you may find on such sites, including (but not limited to) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is Evolve responsible should any site contain content or links to other sites that you may find inappropriate or offensive.
By accessing third party services through this website, you hereby authorise such third party service providers to provide Evolve with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.
Links to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (a) the organisations that operate such websites, (b) the content, privacy policies or other Terms & Conditions on such websites or (c) such third party products and services. As we have no control or responsibility over websites or content maintained by other organisations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
PRIVACY POLICY AND CAN-SPAM MATTERS
You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: www.iFrameInjectionAttack.com/privacy-policy.html.
You acknowledge and agree that, where you have provided us with your name and email address, you have subscribed to an email newsletter. This email newsletter is offered as a free service, without cost or obligation. Should you wish to unsubscribe at any time from this free newsletter, you may do so by clicking on the unsubscribe link found at the bottom of the newsletter.
By entering this website, you agree that you have opted-in to receive our newsletter by providing your name and email address on our website, and agree that you will make no threats or take any action against Evolve in the event you are unhappy with the content contained in our newsletter or that you subscribed or are not able to remove yourself from the mailing list, and you agree that the small inconvenience of receiving this newsletter will cause you no personal, emotional, or financial harm whatsoever.
CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal or credit card information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
DISCLAIMER
This website and all materials, information, software, products, and services included in or available through or downloaded or accessed from this site (the "CONTENT") are provided "as is" and "as available" for your use. The Content is provided without warranties of any kind whatsoever, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement of the rights of third parties.
This website is for informational purposes only and is not intended to provide specific commercial, financial, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
Unless otherwise indicated on this website, you may only display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Evolve for such personal, non-commercial use.
Evolve and its agents do not warrant that the Content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Evolve shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet service providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.
Evolve reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, all or any part of this website or any information contained thereon without liability or notice to you.
LIMITATION OF LIABILITY
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of the Content shall be entirely at your own risk. In no event and under no circumstances shall Evolve be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising from the use of or the performance of or inability to use this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis (including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings), even if Evolve has been advised of the possibility of such damages. Evolve's liability shall be limited to the maximum extent permitted by law.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by law we exclude all representations, warranties and conditions including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms & Conditions. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Evolve with respect to your use of this site and supersedes all prior or contemporaneous communications between you and Evolve with respect to your use of this site. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
LICENSE TO USE WEBSITE
You may view, download for caching purposes only, and print pages from the website, provided that:
- You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
- You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
- You must not edit or otherwise modify any material on this website.
ENTIRE AGREEMENT
These Terms & Conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
JURISDICTION
These Terms & Conditions shall be governed by and construed in accordance with New Zealand law. Any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of New Zealand. You hereby consent to binding arbitration in New Zealand to resolve any disputes arising under these Terms & Conditions.
CONTACTING US
If you need to contact us, you will find our contact details on the "Contact Us" page of this site: iFrameInjectionAttack.com/contact.html
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