Limitations of Use
By using the Resources you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Resources;
- remove any copyright or other proprietary notations from any materials and software on the Resources;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use the Resources or any of their associated services in a way that abuses or disrupts our networks or any other service Upscaler Limited provides;
- use the Resources or their associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use the Resources or their associated services in violation of any applicable laws or regulations;
- use the Resources in conjunction with sending unauthorised advertising or spam;
- harvest, collect or gather user data without the user’s consent; or
- use the Resources or their associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials contained in the Resources are owned by or licensed to Upscaler Limited and are protected by applicable copyright and trademark law. Subject to a minimum payment of three (3) months service we grant our customers permission to download one copy of the materials for internal, non-commercial transitory use.
The Resources and the materials on the Resources are provided on an 'as is' basis. To the extent permitted by law, Upscaler Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Upscaler Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Resources or the materials on the Resources, even if Upscaler Limited or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on the Resources are not comprehensive and are for general information purposes only. Upscaler Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Resources, or otherwise relating to such materials or on any external resources linked to the Resources.
Upscaler Limited has not reviewed all of the sites linked to the Resources and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Upscaler Limited of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate