Website Terms & Conditions
The site www.cdstomper.com.au (“Web Site”) is owned and operated by Avery Dennison Office Products Pty Ltd (ACN 000 065 065) ("Avery Dennison"). Your access to and use of this Web Site is conditional upon your acceptance of and compliance with the terms and conditions contained in this document and elsewhere on this Web Site ("Terms and Conditions").
Avery Dennison reserves the right to amend the Terms and Conditions at any time. Your use of and/or continued access to the Web Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. You should visit this page periodically to review the Terms and Conditions. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Web Site. If you violate any Terms and Conditions your right to use and access the Web Site automatically terminates.
- Intellectual Property
1.1 All trademarks, names, brands and logos mentioned in this Web Site are the property of Avery Dennison or the third parties who have contributed to this Web Site. Adobe® is a registered trademark of Adobe Systems, Incorporated
1.2 Avery Dennison owns or licences the following trademarks including but not limited to: AVERY, AVERY DENNISON, CD Stomper, CD Stomper Pro, CD Stomper DVD Safe, CD Stomper CD Safe, No touch locking tabs, No touch tabs. Nothing contained on the Web Site should be construed as granting any licence or right of use of any trademark, name, brand or logo displayed without the express written permission of Avery Dennison or the relevant third-party owner.
The name of Avery Dennison or any of the trademarks and other intellectual property belonging to Avery Dennison, may not be used commercially or in advertising or publicity or used to identify a link to this Web Site without the express prior written permission of Avery Dennison.
1.3 All copyright in all content (including all information, text, materials, graphics and software) on this Website ("Content") is owned or licensed by Avery Dennison. The Content is protected by both Australian and International copyright laws.
1.4 You may use this Content for your personal reference only and may download a single copy of the Content, keep a temporary copy in your computer’s cache and make a single hard copy, provided you keep intact all copyright and other proprietary notices. The Content may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means, in whole or part, without the prior written approval of Avery Dennison.
1.5 In the event you download software from the site, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are licensed to you by Avery Dennison. Avery Dennison does not hereby transfer title to the Software. Avery Dennison retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the Software.
- Restrictions
2.1 You must not:
(1) use the Web Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Avery Dennison or which is prohibited by these Terms and Conditions. In particular it is a condition of your use of and/or access to the Web Site that you do NOT do any of the following:
(a) Post, publish, distribute or transmit, or disseminate any unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent, objectionable or profane Content or any materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law;
(b) Post, publish, distribute or transmit, or disseminate any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from Avery Dennison or relevant right holder;
(c) Post, publish, distribute or transmit any Content of any kind which contains a virus or other harmful component;
(d) Copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the Content or Web Site, unless expressly provided for in the Web Site or expressly authorised in writing by Avery Dennison;
(e) Restrict or inhibit any other user from using or enjoying the Web Site.
2.2 Avery Dennison has no obligation whatsoever to monitor any user’s use of the Web Site or to edit, delete or refuse to post any Content. However Avery Dennison reserves the right to monitor your, or any user’s, use of the Web Site and to edit, refuse to post or remove any Content whatsoever. Avery Dennison reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the Web Site.
- Indemnity
3.1 You indemnify Avery Dennison against any losses, liabilities, costs or other expenses incurred by Avery Dennison in connection with, or arising directly or indirectly as a result of, your use of or access to the Web Site or any breach or violation of the Terms and Conditions.
- User Licence to Avery Dennison
4.1 By placing any Content on the Web Site you grant to Avery Dennison a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Content:
(1) Use, copy, sublicense, redistribute, adapt, transmit, publish, broadcast, publicly perform or display; and
(2) Sublicense to any third parties the unrestricted right to exercise any of the rights granted in (1) above.
This licence granted to Avery Dennison includes the right to exploit all proprietary rights in any such Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You consent to Avery Dennison, and any third party authorised by Avery Dennison, using your Content without attributing to you the authorship of the Content; inspecting or approving any use of the Content; and materially altering or distorting the Content. At the request and expense of Avery Dennison you will execute and deliver to Avery Dennison such instruments and take such other actions as may be required to carry out this grant of licence and consent.
- Disclaimer
5.1 The Trade Practices Act 1974 (Cth) and all corresponding legislation in the States and Territories of Australia and in New Zealand may confer rights and remedies on you in relation to the provision by Avery Dennison of goods or services on the Web Site which cannot be excluded, restricted or modified (“Prescribed Terms”). Avery Dennison excludes all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Prescribed Terms:
(1) All Content is provided on an “as is” basis without any warranties of any kind;
(2) Avery Dennison expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(3) Avery Dennison, and its directors and employees, do not warrant that your access to the Web Site or any other websites linked in any way to this Web Site will be uninterrupted or that they will operate error free, that any defects will be corrected or that this Web Site and its servers are free of computer viruses and other harmful data, code, components or other material;
(4) Avery Dennison, and its directors and employees, do not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Web Site, or that it will give notice of such use, modification or alteration;
(5) While Avery Dennison uses reasonable efforts to include accurate and up-to-date information in this Web Site, Avery Dennison, and its directors and employees, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content. The use of the Web Site and the Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Avery Dennison assumes no liability or responsibility to update information or for any errors or omissions in the Content; and
(6) If your use of the Web Site or the Content results in the need for servicing or replacing equipment or data, Avery Dennison is not responsible for those costs.
5.2 To the maximum extent permitted by law, Avery Dennison's liability for breach of any of the Prescribed Terms is limited at the option of Avery Dennison to the following:
(1) in the case of services supplied or offered by Avery Dennison:
(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again; and
(2) in the case of goods supplied or offered by Avery Dennison:
(a) the replacement of the goods or the supply of equivalent goods; or
(b) the repair of such goods; or
(c) the payment of the costs of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
5.3 Except as provided by the Prescribed Terms, under no circumstances (including but not limited to any act or omission on the part of Avery Dennison) will Avery Dennison, its directors, employees, suppliers or any third parties mentioned on the Web Site be liable for any loss or damage whatsoever (including, without limitation, indirect, incidental, special and/or consequential damages and/or loss of profits) which result from any use or access of, or any inability to use or access the Web Site or any Content, any unauthorised access to or alterations of your transmissions or data, or any statements or conduct of any user of the Web Site, including any information and/or advice and any defamatory statements or offensive conduct.
- Termination
Avery Dennison may terminate this agreement and your access to the Web Site and Content at any time without notice. In the event of termination you must immediately cease accessing and using the Web Site and Content and (at Avery Dennison’s option) return any hard copies of the Content to Avery Dennison or destroy any hard copies and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
- Privacy
The Web Site has a privacy statement and that applies to all users and is incorporated into these Terms and Conditions by reference. You should read the privacy statement before using the Web Site. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Web Site by electronic mail or otherwise, will be used by Avery Dennison in accordance with the privacy statement displayed on this Web Site.
- Intellectual Property Infringement
You must notify Avery Dennison immediately if you become aware of any third party that is or may be infringing the intellectual property rights in the Web Site. You must give Avery Dennison all assistance in relation to any infringement proceedings. Avery Dennison shall have sole control of the defence and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Avery Dennison.
If a court or Avery Dennison determines that the Web Site or the Content have infringed or may infringe a third party’s intellectual property rights, Avery Dennison shall have the right to alter, delete or modify the Web Site or Content in order to avoid continuing infringement.
- Hyperlinks and Advertising
The Web Site may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Avery Dennison and Avery Dennison is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Avery Dennison provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Site by Avery Dennison. You link to any such Linked Site entirely at your own risk. Avery Dennison is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.
The Website also may contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites).
The display of such advertising does not in any way imply an endorsement or recommendation by Avery Dennison of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Avery Dennison accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- Taxes
Certain taxes and government charges may be payable in relation to the use of the Website. Avery Dennison has no responsibility for such taxes or other government charges.
Despite the foregoing paragraph, unless stated otherwise, charges referred to for use of any services provided by Avery Dennison are inclusive of any goods and services tax imposed under Australian law.
- Parental Consent
Avery Dennison requires that children under 18 years old consult with their parents before providing any data about themselves, their purchasing profile, or their families.
In addition, Avery Dennison encourages parents to monitor their children's Web activity and children to obtain permission before logging on to this site.
At Avery Dennison, we are sensitive to parents' concerns about the collection of their children's names, addresses, or other similar information, and support the ability of parents to limit the collection of such data for marketing purposes through notice and opportunities to opt-out.
In making decisions about whether to collect data from or communicate with children online, Avery Dennison will attempt to consider the age, knowledge, sophistication, and maturity of the intended audience.
In addition, we have implemented strict security measures to ensure against unauthorised access, alteration, or dissemination of any data collected online.
- Governing Law
Any disputes relating to the content of this Web Site or otherwise relating to this Web Site shall be governed by the laws of New South Wales, Australia. This site is controlled and operated by Avery Dennison from its offices in Australia. Avery Dennison makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
- Miscellaneous
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved.
© Avery Dennison Office Products Pty Ltd 2008.
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