3. Use of The Website
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Nuline content on social media websites, including without limit Facebook, Instagram and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on The Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Nuline, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Nuline, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Nuline, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Copyright and Trademarks
The copyright in all Content is and remains owned by Nuline, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Nuline. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Nuline. Nuline does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Nuline retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Nuline, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Nuline, its affiliated companies or its licensors (as appropriate) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Nuline’s prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Nuline.
3.3 Disclaimer Of Warranties
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Nuline does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Nuline will not provide for specific IT infrastructure or connectivity. Thus Nuline cannot represent or warrant the Website will be uninterrupted or error free. Nuline does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation Of Liability
Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Nuline limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law neither Nuline nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this website or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or Content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Nuline has been advised of the possibility of any such loss or damage.
3.5 Links To Third Parties
3.6 Misuse Of The Website
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Nuline may deny you access to the Website at any time in its sole discretion, and which shall include situations where Nuline believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Nuline shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Nuline only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Nuline shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Nuline be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Nuline. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Nuline and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Nuline or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Nuline reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Nuline believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Nuline.
You agree to promptly notify Nuline in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Nuline sufficient information to enable Nuline to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Nuline agrees to make good faith efforts to investigate such complaint and shall take such action as Nuline in its sole discretion decides. However, Nuline does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 Unsolicited Ideas
Nuline maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Nuline business whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Nuline. You should therefore not post any Materials on the Website or send these to Nuline by e-mail or otherwise.