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CASTLE TOOLS TYROLIT: WEBSITE TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS")
CAREFULLY BEFORE USING THIS WEBSITE. USING THIS SITE INDICATES YOUR
AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS website OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
The Castle Tools Tyrolit Pty. Ltd. ("Castle Tools Tyrolit")
website is owned and provided by Castle Tools Tyrolit from its offices
in Matraville, New South Wales, Australia. The applicable website
or sites are referred to herein as the "Site." Each Site
is provided for your personal information and non-commercial use.
Please feel free to browse the Site; however, your access to and
use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not
post or transmit through the Site any information or material which
violates or infringes, in any way, the rights of others, or which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through the Site any
information or material which encourages conduct that would constitute
a criminal offense, give rise to liability or otherwise violate
any law or administrative ruling or guidelines, is in violation
of these Terms, or which, without Castle Tools Tyrolit prior written
approval, contain advertising or any solicitation with respect to
products or services. Any conduct by you that, in Castle Tools Tyrolit
opinion, restricts or inhibits any other user from using or enjoying
the Site will not be permitted.
The Site contains information and materials, including but not
limited to, text, software, photos, video, graphics and audio, (collectively
"Materials") which are derived in whole or in part from
information and materials supplied by Castle Tools Tyrolit and
other sources, and are protected by international copyright, trademark
and other laws and the entire content of the Site is copyrighted
as a collective work under the Australian Copyright Laws. Castle Tools Tyrolit owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights
in, or license to use, the individual components of such content.
Materials may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted or distributed in any way or decompiled,
reverse engineered or disassembled, including but not limited to
the text, images, audio and/or video, as well as any software (including
but not limited to any images or files incorporated in or generated
by the software or data accompanying such software), except that
you may download one copy of the Materials on any single computer
for your personal, non-commercial use only, provided you keep intact
all copyright, trademark and other proprietary notices and make
no change in or deletion of author attribution. This limited authorization
is not a transfer of title in the Materials and by your use of the
Site, you acknowledge that you do not acquire any license, ownership
or other rights to the Materials. Modification of the Materials
or use of the Materials for any other purpose is a violation of
Castle Tools Tyrolit's or such other sources' copyright, trademark
and other proprietary rights and may violate other laws. The use
of any such Materials on any other website or networked computer
or environment is prohibited without Castle Tools Tyrolit's express
written consent. If you breach any of these Terms, your authorization
to use the Site automatically terminates and you must immediately
destroy any downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN
CIRCUMSTANCES. Castle Tools Tyrolit ALSO DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE
RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE
SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT
OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Castle Tools Tyrolit ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM)
OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
Castle Tools Tyrolit may provide as a convenience to you, links
to websites operated by other entities and persons, but makes no
representations whatsoever about any other website which you may
access through this one. Any link to a non-Castle Tools Tyrolit
website does not mean that Castle Tools Tyrolit endorses or accepts
any responsibility for the content, or the use of such website.
If you use these sites, you do so at your own risk. Castle Tools Tyrolit
makes no warranty or representation regarding, and does not sponsor
or endorse, any linked websites or the information or materials
appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Castle Tools Tyrolit is affiliated
or associated with, or that any linked site is authorized to use
any trademark, trade name, logo, or copyright of Castle Tools Tyrolit.
Third Party Content
Any opinions, statements, services, offers or other information
or content expressed or made available in the Site by any third
party are those of the respective authors) or distributors) and
not of Castle Tools Tyrolit. Limitation of Liability Your use and
browsing of the Site is at your risk. If you are dissatisfied with
any of the Materials contained in the Site, or with any of these
Terms, your sole and exclusive remedy is to discontinue accessing
and using the Site.
UNDER NO CIRCUMSTANCES WILL Castle Tools Tyrolit, ITS SUPPLIERS
OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS,
LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF
YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE
SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED
AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED
BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION;
LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY
IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE
FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT Castle Tools Tyrolit WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Castle Tools Tyrolit SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Castle Tools Tyrolit obligations and responsibilities regarding
its products and services are governed solely by Castle Tools Tyrolit's
terms and conditions of sale or license under which such products
and services are sold or licensed. Copies of such terms and conditions
are available from the applicable Castle Tools Tyrolit entity.
Information Provided By You
Accordingly, Castle Tools Tyrolit does not want you to, and you
should not, send any confidential or proprietary information to
Castle Tools Tyrolit through the Site unless specifically requested
by Castle Tools Tyrolit. Please note that any unsolicited information
or material sent to Castle Tools Tyrolit will be deemed not to
be confidential or proprietary. By submitting information and material
to the Site, you automatically grant to Castle Tools Tyrolit (or
warrant that the owner of such information and material has expressly
granted to Castle Tools Tyrolit) a royalty-free, perpetual, irrevocable,
unrestricted, right and license to use, reproduce, display, perform,
modify, adapt, publish, translate, transmit and distribute, or otherwise
make available to other such information and material (in whole
or in part and for any purpose) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or
hereafter developed. You also agree that Castle Tools Tyrolit is
free to use any ideas, concepts, know-how, or techniques that you
send Castle Tools Tyrolit for any purpose.
As further provided above, Castle Tools Tyrolit does not want
to receive, and you are deemed to covenant and agree through the
use of the Site not to provide, any information or materials to
Castle Tools Tyrolit that are defamatory, threatening, obscene,
harassing, in violation of any law, governmental requirements or
otherwise unlawful, or that incorporate the proprietary information
or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site
any information and material protected by copyright, trademark or
other proprietary right without the express written permission of
the owner of such right(s). You shall be solely liable for any damages
resulting from any infringement of copyright, proprietary rights,
or any other harm resulting from such a submission.
Changes
Castle Tools Tyrolit reserves the right, in its sole discretion,
to revise these Terms at any time and correct any errors or omissions
in any portion of the Site and Materials. Materials may also be
changed, modified, added, or removed and updated without notice
at any time; however, Castle Tools Tyrolit is under no obligation
to update Materials. Castle Tools Tyrolit may also make changes
in the products, services, programs, or prices (if any) described
in the Site at any time without notice. Your continued use of the
Site after any change Castle Tools Tyrolit makes to the Site will
be considered acceptance of those changes. You should revisit these
Terms from time to time to review the then-current Terms because
they are binding on you.
Linking to Site:
Anyone linking to Castle Tools Tyrolit Site must comply with Castle Tools Tyrolit guidelines for linking to Castle Tools Tyrolit Site
and all applicable laws.
International Users
The Site is administered by Castle Tools Tyrolit from its offices
in Australia. Materials published at the Site may refer to products,
programs, or services that are not available in your country. Consult
your local Castle Tools Tyrolit business contact in this regard.
Furthermore, Castle Tools Tyrolit makes no representation that
the Materials at the Site are appropriate or available for use at
other locations outside of Australia and access to them from territories
where there contents are illegal is prohibited. You may not use
the Site or export information and materials in violation of the
export laws of Australia or any other country. If you access the
Site from a location outside of Australia, you are responsible for
compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of Australia, without
giving effect to any principles of conflicts of law. If any provision
of this Agreement and Terms shall be unlawful, void, or for any
reason unenforceable then that provision shall be severable from
these Terms and shall not affect the validity and enforceability
of any remaining provisions.
These Terms constitute the entire agreement between Castle Tools Tyrolit
and you with respect to your use of the Site. Any cause of action
you may have with respect to your use of the Site must be commenced
within six (6) months after the claim or cause of action arises.
Privacy:
Overview
Castle Tools Tyrolit is aware of the need to address Internet privacy
issues and we believe you should be aware of how we intend to treat
any information about you that we might receive on the Internet
as a result of your visit to the Site.
Information About Castle Tools Tyrolit On-line Visitors
You can visit Castle Tools Tyrolit on the Site without telling
us who you are or revealing any information about yourself. In general,
we gather information about users of the Site collectively in order
to determine, for example, which areas users access more frequently
and which Materials users access the most. This information helps
us to determine what is most beneficial for our users, and how we
can continually create a better overall experience for our users
by improving the content of the Site.
There are times however, when we may need information from you,
such as your name and address. Customarily, the personal information
Castle Tools Tyrolit obtains is used only to respond to inquiries,
to process orders, product registration or to allow the user to
access specific account information. We may also ask you to voluntarily
provide us with information for market research such as, your interests,
demographics, and experience with our products.
Website Links
Castle Tools Tyrolit Site may contain links to other websites such
as Castle Tools Tyrolit customers and partners. While Castle Tools Tyrolit
tries to link only to sites that share its high standards and respect
for privacy, Castle Tools Tyrolit cannot take responsibility for
the content or the privacy practices employed by other sites.
Changes
If at anytime Castle Tools Tyrolit changes its privacy commitment,
Castle Tools Tyrolit will post those changes here so that you will
know what information Castle Tools Tyrolit gathers and how Castle Tools Tyrolit might use that information.
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