IP Market Holdings Limited of Auckland, New Zealand ("IP Market") welcomes you to www.ipmarket.com (“Website”).
This Website is intended to be used as a facility for Members to have access to a collection of on-line resources.
Your access to the Services and this Website is conditional upon your acceptance and compliance with these Terms and Conditions of Use (“Terms of Use”). These Terms of Use form a contract between the person accessing this Website (“you”) whether as a guest or a Member, and the owner of this Website, IP Market. If you have any questions about these terms, please contact IP Market on enquiry@ipmarket.com.
By accessing and browsing this Website, you agree to be bound by these Terms of Use. If you do not agree to be bound by all these Terms of Use, please do not access or use this Website.
Terms
In these Terms of Use:
“Member” means a registered member of this Website.
“Services” means any one or more of the services offered by IP Market on this Website from time to time, including articles, directories, forums and any other service that IP Market may offer.
“Member Generated Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that a Member uploads to this Website, for whatever purpose.
"Website" means this www.ipmarket.com website, including all pages and content on this Website.
Information about IP Market
www.ipmarket.com is a site operated by IP Market Holdings Limited. IP Market Holdings Limited is registered in New Zealand under company number 1934478 and has its registered office at 30 Victoria Road, Devonport, Auckland, 0624, New Zealand.
Access and Acceptable Use
Your access and use of this Website, and the information contained on this Website, must only be for the purposes contemplated by this Website.
You agree that you will not:
Information and Intellectual Property
IP Market either owns, or is authorised to use, the copyright, trade marks, design rights and other similar rights with respect to this Website (including without limitation, any artwork, methods of operation, moral rights, documentation and server software) (IP Market Intellectual Property). You may print out and retain copies of information contained in those parts of this Website which are explicitly stated to be printable (but in doing so you do not obtain any additional rights to that information).
You are not allowed to, and cannot let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of IP Market Intellectual Property without getting IP Market’s permission first in writing.
You must inform IP Market immediately if you think someone has infringed IP Market’s Intellectual Property, or someone has threatened to, or you suspect something might. You must also inform IP Market as soon as you become aware that someone claims any use of this Website infringes the rights of anyone else.
All information contained on this Website remains the property of IP Market and is provided on an "as is" basis. You must make your own investigations into any matter arising from such information before relying upon it. IP Market will not be liable for any reliance you place on any information contained on this Website.
Member Registration
To become a Member of this website you must complete the registration process by providing IP Market with current, complete and accurate information as required in its registration form (Registration Data). Such Registration Data will be held and used by IP Market in accordance with IP Market’s Privacy Policy.
By submitting your Registration Data to become a Member of this Website or to obtain any other Services, you represent and warrant to IP Market that you are over 18 years of age and able to form a legally binding contract.
Accurate Information
You warrant that the Registration Data you have supplied is true and accurate and the email address you have provided is for a valid and active email account to which you have access. You must maintain and update your personal information held by IP Market to ensure it is kept current at all times. You must not register as a Member under multiple identities or personas (whether false or not).
Termination of Membership
IP Market reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, IP Market may suspend or terminate your membership and refuse any and all current and future use of this Website (in whole or part) if a serious complaint or multiple complaints are received about you from other Members, if you breach these Terms of Use, if you provide any information that is untrue, inaccurate, not current or incomplete, or if IP Market has reasonable grounds to suspect that any such information is untrue, inaccurate, not current or incomplete. Your membership may also be terminated if you have not logged onto this Website for a period of time and IP Market determines (in its sole discretion) that your membership is no longer active.
Security of Member Login Information
You will choose a user ID and password on completion of the registration process that must be used whenever requested. That user ID and password are personal to you and you agree at all times to maintain the confidentiality of your user ID and password and not to disclose them to any third party.
You agree that you are solely responsible for any use of this Website by any person using your user ID and password.
YOU AGREE TO INDEMNIFY IP MARKET AGAINST ANY AND ALL LOSS, CLAIMS OR EXPENSES ARISING OUT OF YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR USER ID OR PASSWORD.
You agree to inform IP Market at once by email or telephone if you believe that your membership information is being misused by a third party so that IP Market may suspend your membership.
Member Disputes
You are solely responsible for your interactions with other Members of this Website and any other parties with whom you interact through this Website. IP Market reserves the right, but has no obligation, to become involved in any way with such interactions.
Member Generated Content
Member Generated Content posted on this Website is not that of IP Market and is not endorsed by IP Market. You acknowledge that all Member Generated Content is the sole responsibility of the person who uploads that Member Generated Content. IP Market does not guarantee the accuracy, integrity or quality of such Member Generated Content. Under no circumstances will IP Market be liable in any way for any Member Generated Content, including, but not limited to any errors or omissions in any Member Generated Content, or for any loss of damage of any kind incurred as a result of use of any Member Generated Content posted, emailed or otherwise transmitted via this Website.
By posting Member Generated Content on this Website, you grant to IP Market a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, modify and distribute or delete any part of the Member Generated Content, or incorporate it in other works in any form for the purposes of operating the Website (but for no other purpose).
You may only upload Member Generated Content to this Website if you own that Member Generated Content or have express permission to do so from the owner of the materials. IP Market has the right to disclose your identity to any third party who is claiming that any Member Generated Content posted or uploaded by you to this Website constitutes a breach of their intellectual property rights, or of their right to privacy.
You may not, upload, post or otherwise transmit on this Website any Member Generated Content or communication that infringes IP Market or anyone else’s intellectual property or other rights or is unlawful, harmful, threatening, abusive, harassing, tortuous, offensive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, misleading, deceptive, untrue, false, racially, ethnically or otherwise objectionable (“Objectionable Material”). IP Market reserves the right to determine what is Objectionable Material and may remove content from this Website or disable access to it at its sole discretion. Copies of that Objectionable Material may be provided to third parties or law enforcement authorities.
As a Member of this Website you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and integrity of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data.
Fees
IP Market reserves the right to charge fees for some or all of the Services, and to change any such fees at any time and from time to time. IP Market will post details on this Website before commencing to charge or to increase any fee for a Service.
Links
This Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. IP Market is not responsible for the content or privacy practices associated with Linked Websites.
Links with Linked Websites do not constitute an endorsement, approval or recommendation by IP Market of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.
You must not create a link to any part of this Website other than the home page without the prior written consent of IP Market. If you do create a link to any page of this Website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep IP Market indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.
Breach of these Terms of Use
When IP Market consider that a breach of these Terms of Use has occurred, IP Market may at IP Market discretion take such action as IP Market deems appropriate including without limitation:
General Practices Regarding Use and Storage
You acknowledge that IP Market may establish general practices and limits concerning use of this Website, including without limitation the maximum number of days that Member Generated Content will be retained on this Website. You agree that IP Market has no responsibility or liability for the deletion or failure to store any Member Generated Content maintained or transmitted via this Website. You further acknowledge that IP Market reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Warranties and Liability
IP MARKET EXCLUDES (TO THE MAXIMUM EXTENT PERMITTED BY LAW) ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES AS TO THE CONTENT OF, AND SERVICES PROVIDED THROUGH, THIS WEBSITE:
YOU ASSUME ALL RISK ASSOCIATED WITH ANY TRANSFER OF DATA OR INFORMATION TO THIS WEBSITE, AND ANY OTHER USE OF THIS WEBSITE. IP MARKET IS NOT LIABLE FOR ANY DAMAGE ARISING FROM INTERCEPTION, LOSS, THEFT OR OTHER ACTION OR DIFFICULTY IN TRANSMITTING INFORMATION TO IP MARKET.
IP MARKET WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE SUFFERED OR INCURRED BY YOU IN ACCESSING AND USING THIS WEBSITE (INCLUDING ANY DIRECT OR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE, COST OR EXPENSE (INCLUDING LOSS OF PROFIT OR LOSS OF OPPORTUNITY) WHICH MAY BE SUFFERED BY YOU IN ACCESSING OR USING THIS WEBSITE.
Privacy
To the extent that IP Market collects any personal information about you through this Website, IP Market will use that information for the purpose for which it was acquired only in accordance with its Privacy Policy.
Assignment
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use.
General
Any dispute arising under these Terms of Use or otherwise in relation to the access and use of this Website will be exclusively governed by New Zealand law and will be dealt with by the New Zealand courts, provided that this does not prevent enforcement of a New Zealand judgement in any other country.
IP Market may from time to time amend these Terms of Use. Any such amendments will come into force immediately upon their publication on this page. It is your responsibility to ensure you are familiar with the Terms of Use at all times. Your continued use of this Website represents your agreement to be bound by the Terms of Use as amended from time to time. These Terms of Use were last updated on 23 January 2013.