Terms of Use
Updated 25 February 2021
HAMMERSLEY BROTHERS USER LICENSE AND TERMS OF USE
PLEASE SCROLL DOWN AND READ THE USER LICENSE AND TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR APPLICATION
1. ACCEPTANCE AND TERMS OF SERVICE
This website is owned and operated by HAMMERSLEY BROTHERS, a Smartebusiness Ltd Company with offices at Level 2 142 Broadway, Newmarket, Auckland, New Zealand, 1023 (along with any parent, subsidiaries, or divisions, collectively “HAMMERSLEY BROTHERS”, “us” or “we”). This User License and Terms of Use (this “Agreement” or “Terms”) are an agreement between you (“you”) and HAMMERSLEY BROTHERS and set forth the legally binding terms of your use of this website and other platforms and interactive properties, including but not limited websites and mobile applications (collectively, the “HAMMERSLEY BROTHERS Applications”), and any information, content, materials and/or data provided or given access by HAMMERSLEY BROTHERS to you in either print or digital formats (“Content”), whether or not login-in, registration and/or a subscription fee is required to access the HAMMERSLEY BROTHERS Applications or Content. By accessing or using the HAMMERSLEY BROTHERS Applications or Content, you signify your assent to these Terms. If you do not agree to these Terms, please do not access or use the HAMMERSLEY BROTHERS Applications or Content.
Registration data and certain other demographic information about you are subject to HAMMERSLEY BROTHERS Privacy Policy. For more information, see HAMMERSLEY BROTHERS Privacy Policy which is incorporated in full herein by reference.
Updates to Terms. HAMMERSLEY BROTHERS reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these terms and conditions periodically for changes. Your continued use of the HAMMERSLEY BROTHERS Application following the posting of changes to these Terms will mean that you accept those changes.
Electronic Form/Communications. By accessing the HAMMERSLEY BROTHERS Applications, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the HAMMERSLEY BROTHERS Applications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. USE OF THE HAMMERSLEY BROTHERS APPLICATIONS AND CONTENT
3. PAID SUBSCRIPTIONS
If you purchase a subscription to access the HAMMERSLEY BROTHERS Applications and/or Content (“Subscription”), the Subscription shall be subject to these Terms, as well as the terms and conditions set forth in the HAMMERSLEY BROTHERS Product Subscription Agreement (“Product Agreement”), including the applicable subscription fee (“Fee”), payment terms and length of Subscription (“Subscription Period”). The Product Agreement may specify the number of user accounts authorized to access the HAMMERSLEY BROTHERS Applications and/or Content pursuant to that subscription (“Authorized Users”). For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Product Agreement, including limitations by number of users or a user’s office location. In such cases, access to and use of the HAMMERSLEY BROTHERS Applications and/or Content by any other third party is not permitted. Any increase to the number of Authorized Users must be approved by HAMMERSLEY BROTHERS in writing and may be subject to additional fees.
With respect to all Subscriptions, you shall:
Refunds, Late Payments and Taxes.
Delivery and cancellations.
Where your Subscription or product order involves the delivery of a physical item or items, they will be delivered to the address that you indicate when you place your order through any HAMMERSLEY BROTHERS Application and the risk of damage to or loss of such items shall pass to you at the time of delivery even if they have not been received by you in person. Any times quoted for delivery are approximate only and HAMMERSLEY BROTHERS shall not be liable for any delay in delivery howsoever caused. If you experience any delivery issues, please contact customer service at support@hammersleybrothers.com
4. INTELLECTUAL PROPERTY OWNERSHIP
HAMMERSLEY BROTHERS or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the HAMMERSLEY BROTHERS Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of HAMMERSLEY BROTHERS. All HAMMERSLEY BROTHERS brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of HAMMERSLEY BROTHERS and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without HAMMERSLEY BROTHERS prior written consent.
Downloadable mobile products. Copyright in any software that is made available for download from any HAMMERSLEY BROTHERS Application shall belong to HAMMERSLEY BROTHERS and/or our software suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install, download or use any software unless you agree to such license agreement.
5. USER SUBMISSIONS AND CONDUCT
Prohibited Uses of any HAMMERSLEY BROTHERS Application.
You hereby agree that you will not use any HAMMERSLEY BROTHERS Application or Forum to:
License and Warranty.
By uploading materials to any Forum or submitting any materials to HAMMERSLEY BROTHERS (“Posts”), you automatically grant (or warrant that the owner of such rights has expressly granted) HAMMERSLEY BROTHERS a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable right and license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, disclose, post, and/or remove such Posts or incorporate such Posts into any form, medium, or technology now known or later developed, in any manner, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your Posts, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you. By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your Posts.
Without limiting the foregoing, you also hereby permit HAMMERSLEY BROTHERS and its designees to use portions of your Posts, to modify or rewrite any of your Posts, and/or to incorporate other materials, either created by HAMMERSLEY BROTHERS and/or its designees or licensed from third parties (any of the foregoing, “Edits”). All resulting Edits and/or derivative works (including, in each case, all intellectual property and proprietary rights therein) shall be owned by HAMMERSLEY BROTHERS and/or such designees and not subject to your approval or payment by HAMMERSLEY BROTHERS or any other party of any compensation to you.
You acknowledge and agree that you are receiving good and valuable consideration for the rights you are granting herein, that such consideration is adequate, satisfactory, and complete, and includes your right to access and use the HAMMERSLEY BROTHERS Applications in accordance with the terms and conditions set forth herein. To the maximum extent permitted by law, you hereby waive all moral rights, rights of attribution, rights of privacy and rights of publicity in your Posts that may be available to you in any part of the world. You hereby confirm that no such rights have been or will be asserted.
You further acknowledge and agree that your Posts do not contain confidential or proprietary information, the relationship between you and HAMMERSLEY BROTHERS is not a confidential, fiduciary, or other special relationship, and HAMMERSLEY BROTHERS is not under any obligation of confidentiality, privacy, secrecy or use restriction of any kind, express or implied, with respect to your Posts, all of which may be used by HAMMERSLEY BROTHERS under the foregoing license or any applicable assignment made pursuant to an agreement between HAMMERSLEY BROTHERS and you or your employer, and without any further obligation to you.
HAMMERSLEY BROTHERS may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the HAMMERSLEY BROTHERS Applications, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by HAMMERSLEY BROTHERS and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the Content thereof or (ii) violate any obligation of HAMMERSLEY BROTHERS to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the Content thereof.
You represent and warrant to us that you are authorized to grant all rights pursuant to the foregoing license and, further, your Posts: (i) are truthful and accurate, and contain solely original content owned by you, content for which you have received express permission from the owner and have provided proper attribution to same, or content in the public domain (and you assume all responsibility for making such determinations and acquiring all necessary authorizations and approvals related to your Posts); (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy, confidentiality or any other contractual or proprietary right, including patent, trademark, copyright and trade secret rights; (iii) disclose all affiliations or relations necessary so that such Posts are not deceptive or misleading (for example, if you are commenting upon a company and work for that company, then this should be disclosed); and (iv) comply with all other provisions of this Agreement.
6. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the HAMMERSLEY BROTHERS Applications by third parties not within HAMMERSLEY BROTHERS’s control. HAMMERSLEY BROTHERS is under no obligation to, and does not, scan content used in connection with the HAMMERSLEY BROTHERS Application for the inclusion of illegal or impermissible content. However, HAMMERSLEY BROTHERS respects the copyright interests of others. It is HAMMERSLEY BROTHERS’s policy not to permit materials known by HAMMERSLEY BROTHERS to infringe another party’s copyright to remain on the HAMMERSLEY BROTHERS Applications. If you believe any materials on HAMMERSLEY BROTHERS Application infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to HAMMERSLEY BROTHERS’s designated agent as follows:
HAMMERSLEY BROTHERS
Attn: DMCA - Mark Hammersley
Level 2 142 Broadway
Newmarket, Auckland
New Zealand 1023
Email: mark@hammersleybrothers.com
It is HAMMERSLEY BROTHERS’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
7. THIRD PARTY CONTENT; LINKING
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
9. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting customer service at support@hammersleybrothers.com . If, however, there is an issue that needs to be resolved, you agree that the following provisions will apply:
10. MISCELLANEOUS
Contact Us. If you have a question or issue relating to a Subscription, such as changing your mailing address or cancelling a Subscription, please email customer service at support@hammersleybrothers.com . For other questions regarding these Terms, you can write to HAMMERSLEY BROTHERS Legal at: Level 2 142 Broadway, Newmarket, Auckland, New Zealand, 1023.
© Copyright 2023 Hammersley Brothers, a trading name of Smartebusiness Ltd. Company Registered Number: 05136667.