TERMS OF USE
By
visiting our website you
signify your agreement to the Terms of Use of Number 8 Films Trust (“NUMBER 8 FILMS”). If you do not wish to be bound by the terms of
use, please do not use, visit or browse NUMBER 8 FILMS’s website. Applicability This
website is controlled and owned by Number 8 Films and is intended to be
useful and entertaining to its users as well as to promote projects,
motion pictures, products and programs. This website is controlled and
run by Number 8 Films from its registered office in New Zealand. We make
no representation that the materials and content of this site are
appropriate or available for use outside New Zealand. Visitors from
outside New Zealand are responsible for compliance with all applicable
local laws. Intellectual Property All
content and materials featured on this site are protected by copyrights,
trademarks, service marks, trade secrets and/or other proprietary laws.
All word marks, names, texts, logos, trademarks, service marks,
copyrights, images, button icons, digital downloads, clips, photographs,
illustrations, biographies, synopses (collectively "IP
Materials") are either owned by Number 8 Films or licensed to NUMBER 8 FILMS. The compilation of all the content on
NUMBER 8 FILMS's website is
the exclusive property of Number 8 Films or its content providers and is
protected by New Zealand and international copyright laws. All software
used on this site is the exclusive property of Number 8 Films or its
software providers and is protected by New Zealand and international
copyright laws. The IP Materials may not be used on any other products
or in any manner without express written consent. Notwithstanding
the foregoing, you may view and use one copy of the material on NUMBER 8 FILMS' website on any single computer for your personal and
non-commercial purposes only provided that you keep all copyright and
other proprietary notices intact. You may not disseminate, reproduce or
modify the IP Materials without the express consent of the intellectual
property rights owners. If you want to reproduce the materials for
commercial purposes, contact Number 8 Films to negotiate a license. You
may not attempt to circumvent the security, modify or change any of the
content on NUMBER 8 FILMS' website. Third-Party Website Links This
website may provide links to related and independent third-party
websites for your convenience, including websites run by NUMBER 8 FILMS'
affiliates and sponsors. Number 8 Films is not in control nor responsible
for the content and material featured on any third-party website. Number 8 Films does not review the content of the third-party websites and
the inclusion of a link does not imply endorsement of the website. You
access other sites at your own risk and you should review their Terms of
Use and Privacy Policies. User Submissions, Conduct & Grant of Limited License You
will use NUMBER 8 FILMS' website and all of its contents for lawful
purposes and at your own risk. You assume full responsibility and
liability for all claims arising from your use. You will not impersonate
any other person while using NUMBER 8 FILMS's website nor provide us with
a false email address. Number 8 Films reserves the right to monitor and
remove content from its site without notice. All
submissions to Number 8 Films will become the property of Number 8 Films and
may be used by Number 8 Films and its affiliates without notice or payment
to you for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products, modifying or improving
NUMBER 8 FILMS' website and materials. By your submission you grant NUMBER 8 FILMS, its affiliates, community partners and assignees a
royalty-free, perpetual, irrevocable, non-exclusive license to use such
material for any type and kind of use whatsoever in any media now known
or hereafter devised. Further, you authorize Number 8 Films to use your
name in connection with the material you provide. Disclaimer of Warranties YOU
EXPRESSLY AGREE THAT YOUR USE OF NUMBER 8 FILMS' WEBSITE, ITS CONTENT AND
ANY PRODUCTS OR SERVICES PURCHASED VIA Number 8 Films IS SOLEY AT YOUR OWN
RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED
BY Number 8 Films VIA NUMBER 8 FILMS'S WEBSITE ARE PROVIDED "AS
IS" AND "AS AVAILABLE." NUMBER 8 FILMS DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NUMBER 8 FILMS, ITS
MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS,
FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED
WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF NUMBER 8 FILMS'S WEBSITE
AND PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
IN NUMBER 8 FILMS' WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND Number 8 Films ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF NUMBER 8 FILMS'S WEBSITE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED
INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. THE
ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW. Limitation of Liability NUMBER 8 FILMS, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC.
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF NUMBER 8 FILMS HAS
BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE. THE
ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW. Indemnification You
will indemnify NUMBER 8 FILMS, its managers, officers, directors,
shareholders, members, employees and assigns and its affiliated and
subsidiary companies, affiliates, community partners, agents, vendors,
licensees and each of its successors, licensees, heirs, and assignees of
each from and against any and all claims, losses, damages (including
reasonable attorney's fees) constituting and arising out of a breach of
any of the provisions of these Terms of Use, including, without
limitation, your placement or transmission of any content onto NUMBER 8 FILMS's servers and/or from any and all use of
NUMBER 8 FILMS' website. If
we believe that at any time you have violated any of these Terms of Use
we may terminate your access to NUMBER 8 FILMS' website. Governing Laws These
terms of use shall be governed and construed by the laws of New Zealand.
If any provision of these Terms of Use is deemed unlawful, void, or
unenforceable, it will not affect the validity and enforceability of any
other provision. Any disputes should first be brought to the attention
of NUMBER 8 FILMS. Changes Please
check the Terms of Use periodically for changes. The Terms are subject
to change at any time without notice and your continued use of this site
following the posting of any changes constitutes acceptance of the
changes. The terms of the current version will supersede any prior
versions. NUMBER 8 FILMS' Terms of Use were updated on July 27, 2010. |