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surfPix TERMS OF USE
This site is owned and operated by Digital Partners Limited. Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to “Terms of Use”). If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as “Site”, not use any of the materials available herein, and/or not subscribe to this service.
COPYRIGHTED MATERIALS.
- "Materials” on surfPix shall constitute and be defined as any files, images, animations, photographs, or text available on surfPix.
- All Materials downloaded from surfPix is licensed to you by Digital Partners Limited Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you.
- You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from surfPix except for your use, which is subject to the Usage Guidelines.
- The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with surfPix, is protected by the New Zealand and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.
LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, surfPix MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY surfPix WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. surfPix DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT surfPix WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL Digital Partners Limited OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF Digital Partners Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF Digital Partners Limited OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Digital Partners Limited reserves the right to modify or terminate these Terms of Use without notice, if, in Digital Partners Limited sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Digital Partners Limited reserves the right to terminate this Site without notice.
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