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PLEASE REVIEW BEFORE USING
THIS SITE
Alarm New Zealand Limited("ALARMNZ") provides this
Web site (the "Site") as a service to its customers and other members of the
security industry. By using the Site, you agree to be bound by these Terms of
Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. ALARMNZ may
change these Terms of Use from time to time, at ALARMNZ's sole discretion. Your
continued use of the Site following the posting of such changes will constitute
your assent to all such changes. Please periodically visit this section of the
Site to review the current version of these Terms of Use.
ALARMNZ also operates other Web sites which may be subject to their own terms.
Please review those Web sites for their applicable terms of use.
SECTION 1: GENERAL PROVISIONS
USE OF INFORMATION AND
SOFTWARE AVAILABLE ON THE SITE
You acknowledge that ALARMNZ reserves the right to
modify, revise or discontinue the Site, or any features, functionality or
services provided as part of or in connection with the Site, without prior
notice.
Generally speaking, all information or materials
contained on the Site (including but not limited to all graphics, images, video
clips, audio, video, images, or other types of content) ("Site Information") is
the property of ALARMNZ and/or its suppliers or licensors.
Certain portions of the Site have been designated as
areas in which registered users may post information or materials (defined below
as "Posted Information"). All such Posted Information remains property of its
respective owner(s). Please see Section 2:
Posted Information below for further details regarding Posted Information.
Unless otherwise noted in a particular document,
ALARMNZ hereby authorizes you to electronically copy or print in hard copy any
document published by ALARMNZ on the Site solely for your internal reference
purposes within your organization. In consideration of and as a condition to
this authorization, you agree that all such copies shall retain all copyright
and other proprietary notices contained therein.
Any other use of information provided by ALARMNZ
without prior written approval from ALARMNZ or the appropriate supplier or
licensor is strictly prohibited.
Certain documents published on the Site may contain
other restrictions, proprietary notices and/or copyright information relating to
that individual document, including but not limited to notices that limit or
prohibit your ability to make copies of that document. Please review all
additional notices before making any copies.
Nothing contained in these Terms of Use shall be
construed as conferring by implication, estoppel or otherwise any license or
right under any patent, copyright or trademark of ALARMNZ, its suppliers or
licensors, or any other third party.
Any software available to download from the Site is
the copyrighted work of ALARMNZ and/or its suppliers or licensors. Use of such
software is governed by the terms of any end user license agreement that
accompanies or is included with the software ("License Agreement"). Copying the
software to any other location for further reproduction or redistribution is
expressly prohibited, unless otherwise permitted by the terms of the License
Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE,
YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY
FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN
MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT
NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of ALARMNZ.
Elements of the Site, including but not limited to logos, graphics, sounds or
images, are protected by copyright, and other laws, and may not be copied or
imitated, unless specifically indicated.
LINKS TO OTHER SITES
Any links to other sites are provided solely for
your convenience. Such sites are not under the control of ALARMNZ, and ALARMNZ
is not responsible for their content, any changes or updates to them, or the
collection of any personal data or information by the operators of such sites.
USER PRIVACY INFORMATION
In general, people may visit the Site while
remaining anonymous and not revealing any personal information. ALARMNZ does use
"cookie" technology to obtain non-personal information from its on-line
visitors, and to provide customization options at login, or to keep track of
where you are in the Site in order to provide the correct customization options
when you use the Site. In addition, you may be required to provide certain
personal information, such as your name, address, and email, before you can
participate in certain portions of the Site. ALARMNZ does not, without your
permission, sell to third parties information you have submitted to this Site
that identifies you personally. For a complete description of how ALARMNZ uses
cookies or the information collected from the Site, please see ALARMNZ's
Privacy Policy applicable to the Site, which is incorporated into these
Terms of Use by reference. Some portions of the Site may permit you to post
certain information about yourself if you choose to do so. If you decide to use
those portions of the Site and post information about yourself, the information
you post is, of course, exempt from this Privacy Policy. Please see Section 2:
Posted Information for additional information.
ALARMNZ intends to cooperate with any order or
request from law enforcement officials or a court of competent jurisdiction for
information as to the identity individuals submitting or posting information to
ALARMNZ or on the Site.
USER FEEDBACK AND IMPROPER
TRANSMISSIONS
Except for Posted Information or personal
information, if you transmit to or otherwise provide to ALARMNZ any feedback
(such as questions, comments, suggestions, or the like) or data or materials
("User Feedback"), such User Feedback shall be deemed to be non-confidential and
non-proprietary. ALARMNZ shall have no obligation of any kind with respect to
such User Feedback and shall be free to reproduce, use, disclose, modify,
display and distribute the User Feedback to others without limitation. By
transmitting such User Feedback to ALARMNZ, you are deemed to grant to ALARMNZ a
perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with
rights to sublicense) to use any ideas, concepts, know-how or techniques
contained in such User Feedback for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products incorporating such
User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited
chain letters or "spam", or any threatening, harassing, libelous, false,
defamatory, offensive, obscene, or pornographic material, or other material that
would violate any applicable law or regulation, including but not limited to any
federal or state laws or regulations governing equal employment opportunities.
However, if such communications do occur, ALARMNZ will have no liability related
to the content of any such communications.
Except where such information qualifies as Posted
Information, you may not post or transmit to the Site any advertising, surveys,
promotional materials, contests, or any other commercial or non-commercial
solicitations.
You are also prohibited from impersonating any
individual. Member accounts must be opened using real names and other requested
information.
ALARMNZ may, but is not obligated to, review or
monitor areas on the Site where users may transmit or post communications,
including discussion groups, bulletin boards, chat rooms, and user forums.
ALARMNZ is not responsible for the accuracy of any Posted Information, including
but not limited to information, data, opinions, advice, or statements
transmitted or posted in discussion groups, bulletin boards, chat rooms, and
user forums.
DELETION AND LOCKOUT
Failure to adhere to any of these Terms of Use may
result in messages and/or Posted Information being blocked, deleted from the
Site and possible lockout. ALARMNZ also reserves the right to take any actions
it deems necessary or appropriate to protect the Site and its content.
INTERNATIONAL INFORMATION
The Site may provide access to international data
about ALARMNZ, its suppliers or licensors, or other third parties, and
therefore, may contain references or cross references to products, programs, and
services that are not available in your country. Such references do not imply
that ALARMNZ, its suppliers or licensors, or other third parties intend to make
available such products, programs or services in your country.
CONTESTS/SWEEPSTAKES
From time to time, you may be invited to participate
in contests, sweepstakes, or similar events. Such events may require you to
submit personal information to participate. Each event shall be subject to
separate rules, and you should review all applicable rules before participating.
Please see the
Privacy Policy for additional detail. Posting by ALARMNZ of a contest,
sweepstake or similar event on the Site does not mean that it is applicable to
your jurisdiction.
LINKING AND FRAMING
You are permitted to view the Site only in its full
presentation form and are prohibited from "framing" the Site. You may link to
the Site only by linking to the home page located at
ALARMNZ.com. You are prohibited from "deep linking" to any other pages in a
manner to bypass the home page.
VIOLATION OF TERMS OF USE
You acknowledge that ALARMNZ has the right, in its
sole discretion, to terminate your access to the Site, without liability to you
or any third party, if you violate any of these Terms of Use, violate the rights
of ALARMNZ, interfere with any other user's access or use of the Site, or if
ALARMNZ decides that your use is otherwise detrimental to ALARMNZ, the Site, or
ALARMNZ's suppliers or licensors. If you believe that someone has violated these
Terms of Use, you may contact ALARMNZ at
[email protected] . ALARMNZ may decide, in its discretion, to
investigate the report and decide, in its sole discretion, to take any action
relating to that report. ALARMNZ does not have any obligation or liability to
you for the performance or nonperformance of those activities.
SITE SERVICES
ALARMNZ may, from time to time, offer through the
Site certain services that may be subject to their own specific terms and
conditions ("Service Terms and Conditions"). In the event of any conflict
between those Service Terms and Conditions and these Terms of Use, the
applicable Service Terms and Conditions shall control. Please be sure to review
any applicable Service Terms and Conditions before making use of a Site service.
GENERAL
These Terms of Use are governed by the laws of the
New Zealand, without regard to the rules of conflict which may cause the laws of
another jurisdiction to apply. You agree to the sole and exclusive jurisdiction
and venue of the courts of the New Zealand in the event of any dispute of any
kind arising from or relating to the Site, or your use or review of it. The
failure of ALARMNZ to enforce any provision or right of these Terms of Use will
not constitute a waiver of such provision or right. These Terms of Use
constitute the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. If
for any reason a court of competent jurisdiction finds any provision or portion
of these Terms of Use to be unenforceable, the remainder of these Terms of Use
will continue in full force and effect.
SECTION 2: POSTED INFORMATION
ALL POSTED INFORMATION IS
PUBLIC
ALARMNZ has reserved certain portions of the Site to
permit registered users to post materials or information, including but not
limited to user resumes or other personal information, job listings, user
demonstration reels or other sample materials, graphics, images, opinions,
comments, conversations or questions ("Posted Information"). ALARMNZ has
provided those special sections as a service to its customers and the security
community with the intent of making Posted Information publicly available to
anyone who wishes to view it.
By using these services and posting or transmitting
to ALARMNZ for posting such Posted Information, you thereby acknowledge and
agree that all Posted Information is publicly available to any viewer of the
Site. You further acknowledge and agree that ALARMNZ shall have no
responsibility, liability, or obligation to you with regard to the Posted
Information, its protection, its use or misuse in anyway whatsoever by any
entity, including but not limited to ALARMNZ itself. Without limiting the
foregoing, you agree that the Posted Information is exempt from the application
of ALARMNZ's
Privacy Policy and ALARMNZ has no obligation to maintain the privacy of any
Posted Information.
USER CONDUCT GUIDELINES
By posting information to the Site, you agree to the
following conduct guidelines and warrant that:
· You will not post
anything on the Site that violates the intellectual property rights of others,
including any patents, copyrights, trademarks, trade secrets, rights of privacy,
rights of publicity, or moral rights. If you believe that any Posted Information
infringes your copyrights, you may provide a notification of claimed copyright
infringement to ALARMNZ's Designated Agent for copyright complaints.
· You will not
impersonate any other person, or submit false or inaccurate information about
yourself. Your account registration must contain complete and accurate
information, including your real name.
· You will not post
any threatening, harassing, libelous, false, misleading, defamatory, offensive,
obscene, or pornographic material, or any material that would violate any
applicable law or regulation.
· You will not post
any chain letters or “spam.” You also will not post any advertising, surveys,
promotional materials, contests, or any other form of solicitation except in
areas specifically designated for such purposes.
· You w ill not post
serial numbers, activation keys, “cracks,” or any other information intended for
software piracy or unlicensed use of software.
LICENSE TO POSTED INFORMATION
By submitting the Posted Information for publication
on the Site, you grant to ALARMNZ, and its subsidiaries and affiliates, a
perpetual, worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive
right to use, reproduce, display, modify, distribute, and create derivative
works based upon (in any format whatsoever) the Posted Information for any
purpose.
You also hereby authorize any third party who
lawfully accesses the Posted Information via the Site to make an electronic copy
or print in hard copy the Posted Information, or portion thereof, solely for
such third party's internal reference purposes within such third party's
organization.
If your Posted Information includes links to
internet sites ("Posted Links"), you are deemed, to the extent you are able, to
grant to ALARMNZ a worldwide, royalty-free, sub-licensable, non-exclusive right
to display Posted Links for so long as the Posted Information is available on
the Site. ALARMNZ requires that Posted Links be restricted to home pages, and
not "deep links," unless the Posted Link is to an internet site that you own,
operate, or to which you are otherwise authorized to link. ALARMNZ reserves the
right in its sole discretion to remove any Posted Links for any reason
whatsoever.
Inclusion of any links (Posted Links or others) in
Posted Information does not imply any endorsement by or responsibility of
ALARMNZ with regard to the contents of sites related to User Links.
USE AND MONITORING OF POSTED
INFORMATION
The decision to make Posted Information available,
or to use or respond to Posted Information, is yours alone. ALARMNZ has only
made a portion of the Site available for the publication, distribution, and
review of Posted Information. ALARMNZ is not involved in any transactions
between the users who submit Posted Information, and the users who view or use
such information. Without limiting the generality of foregoing, ALARMNZ is not
responsible for any employment, hiring, purchase, lease, rent, or any other
decisions whatsoever made by any person or entity with regard to the Posted
Information contained in the Site.
In addition, please note that ALARMNZ cannot confirm
that anyone is who they say they are. You assume all risks relating to any
dealings you may undertake with anyone you encounter through the Site.
ALARMNZ has no obligation to review, screen, or edit any Posted Information,
either in advance, or after posting. ALARMNZ may post the Posted Information as
submitted by the person registered to post the information, but will not accept
any responsibility or liability for the accuracy of or omissions in such Posted
Information. Inclusion of Posted Information on this Site does not imply any
endorsement by ALARMNZ of the Posted Information.
ALARMNZ reserves the right, in its sole discretion,
to take any actions with respect to Posted Information that it deems are
appropriate, including but not limited to rejecting, editing, moving, or
deleting Posted Information, or revoking the access of any user who violates
these Terms of Use.
SECTION 3: DISCLAIMERS,
EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term
"Site" as used in Section 3 encompasses all content of this Site whatsoever,
including but not limited to Posted Information.
DISCLAIMERS
THE SITE IS PROVIDED BY ALARMNZ "AS IS" AND WITH ALL
FAULTS. ALARMNZ AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS
CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED
BY LAW, ALARMNZ AND ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALARMNZ SPECIFICALLY STATES
THAT THE USE OF THE SITE IS AT YOUR OWN RISK. ALARMNZ AND ITS SUBSIDIARIES, AND
AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE
ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR
MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE
INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR
OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER
EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR
ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE
UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALARMNZ SPECIFICALLY INFORMS YOU THAT ALARMNZ AND ITS SUBSIDIARIES, AND
AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE
ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
EXCLUSION OF DAMAGES AND
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALARMNZ OR ITS
SUBSIDIARIES, AND AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY
DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST
PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO
ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN,
OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY
OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR
THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF
ALARMNZ AND ITS SUBSIDIARIES AND AFFILIATES, THEIR SUPPLIERS, OR LICENSORS HAVE
BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF ALARMNZ, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR
SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend
ALARMNZ and its licensors, suppliers, officers, directors, employees, agents,
affiliates, subsidiaries (collectively "Indemnified Parties") from and against
any and all liability, loss, claim, damages, expense, or cost (including but not
limited to attorneys' fees), incurred by or made against the Indemnified Parties
in connection with any claim arising from or related to your use of Site, the
placement, posting or transmission of any messages, information, software,
content or other materials on or through the Site by you or users of your
account, or any breach or violation of these Terms of Use by you or users of
your account. You agree to fully cooperate as reasonably required by an
Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume
the exclusive defense and control of any matter for which it is indemnified
hereunder. You shall not settle any matter without the consent of the applicable
Indemnified Party.
Last Updated: Feb 25th, 2011
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