1. Acceptance of Terms. Silver Fernz Ltd (“silverfernz”) owns and operates its internet site silverfernz.com (collectively, the “Sites”), and provides information, products and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of these terms and conditions of use applicable to such Sites. Your use of any of the Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Silverfernz reserves the right, at Silverfernz’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Silverfernz Sites following the posting of changes to these Terms will mean that you accept and agree to be bound by those changes. Use of the Sites constitutes full acceptance of and agreement to the Terms. If a user does not accept Silverfernz’s Terms, he or she is not granted rights to use the Sites as defined herein, and should refrain from accessing the Sites. Silverfernz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Sites (or any part thereof). Silverfernz shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. No Unlawful or Prohibited Use. By using the Sites, you warrant to Silverfernz that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful under applicable law or prohibited by these Terms, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Silverfernz, its affiliates or other individuals. If you violate any of these Terms, your permission to use the Sites automatically terminates.
3. Intellectual Property. Silverfernz or its affiliates own all right, title and interest in and to the Sites, all of the text, content, graphics, photographs, images, interfaces, code and materials thereon (collectively, the “Copyrights”), the look and feel, selection and arrangement, design and organization of the Sites (collectively, the “Trade Dress”), the trademarks, service marks, logos, trade names, and trade dress (collectively the “Marks,” and together with Copyrights and Trade Dress, the “IP”) and the compilation of IP, including but not limited to all intellectual property and proprietary rights therein. The Sites are copyrighted as a collective work under the New Zealand and other copyright laws, and are the property of Silverfernz and/or its affiliates. The collective work includes works that are licensed to Silverfernz and/or its affiliates. All are trademarks or registered trademarks of, and are proprietary to, Silverfernz, its affiliates, and/or its licensor. Your use of the Sites neither grants you ownership nor a license to use of any of Silverfernz’s IP. You must obtain Silverfernz’s written authorization before using any of the IP from the Sites. The use of company names, product names and logos or images on the Sites does not necessarily constitute an endorsement of the named company or products by, or association with the named company or products with, Silverfernz.
4. Restrictions on Use of Sites. You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Sites, for any commercial purpose or enterprise.
You may not: (a) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent process to access, acquire, copy or monitor any portion of the Sites or any content on the Sites; (b) decompile, disassemble or reverse engineer the Sites or any portion thereof or (c) attempt, by hacking, password “mining” or any other means to gain unauthorized access to the Sites, any portion or features of the Sites or any of the products or services offered on or through the Sites. You may not the use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other individual’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. You may not breach the security or authentication measures on the Sites or any network connected to the Sites.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Silverfernz or its affiliates, to its source, or exploit the Sites or any product, service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by a Site. You may not upload, post or transmit to, distribute or otherwise publish through the Sites any materials that restrict or inhibit any other user from using and enjoying a Sites, constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
5. No Resale of Service. You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites and/or or access to the Sites.
6. Links. Silverfernz, any Site or a third party may provide links to other websites. Silverfernz exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Silverfernz shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ Privacy Statement is applicable only when you are on a Silverfernz-owned Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
7. Indemnity; Disclaimer; Limitations of Liability. Each user shall indemnify, defend and hold harmless Silverfernz, its suppliers, licensors and partners and each of their respective parent corporations and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use or misuse of the Silverfernz Sites; his or her submission, posting or transmission of Content or his or her violation of these Terms. EACH USER’S USE OF THE SILVERFERNZ-OWNED SITES IS AT HIS OR HER SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SILVERFERNZ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SILVERFERNZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SILVERFERNZ MAKES NO WARRANTY THAT (A) THE SITES OR ANY PRODUCT, SERVICE OR INFORMATION THEREON WILL MEET YOUR REQUIREMENTS, (B) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SILVERFERNZ’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SILVERFERNZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SILVERFERNZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL SILVERFERNZ’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SILVERFERNZ AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SILVERFERNZ DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SILVERFERNZ’S SITES. OPERATION OF SILVERFERNZ’S SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SILVERFERNZ. Any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. DMCA Policy. Silverfernz respects the intellectual property rights of others, and requires that the people who use the Sites do the same. In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on one of our Sites. If you believe in good faith that content hosted by us infringes your copyright, provide our registered copyright agent with the written information requested below:
a. A full and complete identification of the copyrighted work you claim was infringed.
b. A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
c. Your name, address, email and telephone number.
d. Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
e. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
f. The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any Site should be sent, at your choice, to:
Via mail or fax:
3 Cambria Street Nelson 7010 New Zealand
We will review and address all notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
9. General. The Terms constitute the entire agreement between each user and Silverfernz and govern each user’s use of the Sites, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Silverfernz shall be governed by the laws of New Zealand without regard to its conflict of law provisions and the parties agree that the venue for any dispute arising hereunder shall be the courts located in Nelson, New Zealand. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Silverfernz reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Silverfernz ever file for bankruptcy or in the event of a sale, merger or acquisition of Silverfernz.
10. Violations. Please report any violations of these Terms (except for claims of intellectual property infringement) to the Silverfernz’s Site director at firstname.lastname@example.org