Terms and Conditions
Licence Agreement
This Agreement covers the terms by which members of The Drippy Tap
obtain the right to use stock articles and other materials.
Definitions
We/us/our: refers to The Drippy Tap, which is a brand of FX
Marketing Limited (New Zealand).
You/your: an individual or organisation who is a Member of
The Drippy Tap, by having purchased or otherwise acquired a licence
to use The Drippy Tap’s materials.
Materials: refers to content produced by The Drippy Tap. This
includes (but is not limited to) articles and other media. Such
materials may be in a written, graphic, audio or video format.
Member: an individual or organisation that has purchased a
licence to used The Drippy Tap’s materials.
Licence: the non-exclusive rights to use The Drippy Tap’s
materials.
Standard
Licence Terms
We hereby grant you a non-exclusive, non-transferable licence to use
the materials for Permitted Uses (as defined below). All other
rights in and to the materials, including, without limitation, all
copyright and other intellectual property rights relating to the
materials, are retained by The Drippy Tap.
Materials
The specific materials that you are entitled to use will be
specified in an email confirmation from The Drippy Tap. You are not
entitled to use any materials that are not specified in this email
confirmation.
Permitted
Licence Uses
Once you have purchased a licence, you are permitted to use the
materials for the purpose of marketing your own business. Examples
of ways in which you may use the materials include:
If you have a particular use in mind for
the materials, but aren’t sure if it’s permitted or not, please
contact us with details and a request for approval.
Licence Prohibitions
Only the person/organisation that has purchased the licence has the
right to use the materials. This means that you cannot give or
re-sell the materials to your clients, colleagues or any other
person or organisation. (Subject to its availability in
their region. If no licence is available for purchase, they
may not use our materials.)
You may not resell or re-licence our materials, or distribute them
in any other means, paid or free. The only exception to this is if
the materials have been fundamentally modified or transformed
sufficiently that it constitutes an original work entitling the
author or artist to copyright protection under applicable law.
You may only submit the materials to
third party websites (e.g. article directories; industry portals;
customers' websites; suppliers' websites; strategic alliance
partners' websites, etc.) and printed publications if you have
fundamentally modified or transformed the materials sufficiently
that it constitutes an original work entitling the author or artist
to copyright protection under applicable law.
You may not submit materials which are
copyright of The Drippy Tap to third party websites and printed
publications.
Term of
Agreement
This Licence Agreement is effective until it is terminated. You can
terminate this Agreement by destroying the materials, along with any
copies or archives of it or accompanying materials (if applicable),
and ceasing to use the materials for any purpose.
The Agreement also terminates without notice from The Drippy Tap if
at any time you fail to comply with any of its terms.
Upon termination, you must immediately (i) cease using the materials
and for any purpose; (ii) destroy or delete all copies and archives
of the materials or accompanying materials; and (iii) if requested,
confirm to The Drippy Tap in writing that you have complied with
these requirements.
This Agreement may be updated from time
to time. Your continued use of The Drippy Tap's materials requires
you to accept the Agreement on this web page.
Warranties
The materials are provided “as is” without representation, warranty
or condition of any kind, either express or implied, including, but
not limited to the implied representations, warranties or conditions
of merchantability, or fitness for a particular purpose. The Drippy
Tap does not represent or warrant that the materials will meet your
requirements or that its use will be uninterrupted or error free.
The entire risk as to the quality and performance of the materials
is with you. Should the materials prove defective, you (and not The
Drippy Tap) assume the entire risk and cost of all necessary
corrections.
Limitation of
Liability
In no event shall The Drippy Tap or any of its affiliates or
material providers or their respective directors, officers,
employees, shareholders, partners or agents be liable for any
incidental, indirect, punitive, exemplary, or consequential damages
whatsoever (including damages for loss of profits, interruption,
loss of business information, or any other pecuniary loss) in
connection with any claim, loss, damage, action, suit or other
proceeding arising under or out of this Agreement, including without
limitation your use of, reliance upon, access to, or exploitation of
the materials, or any part thereof, or any rights granted to you
hereunder, even if we have been advised of the possibility of such
damages, whether the action is based on contract, tort (including
negligence), infringement of intellectual property rights or
otherwise.
Notwithstanding any other term herein, The Drippy Tap shall not be
liable for any damages, costs or losses arising as a result of
modifications made to the materials by you or the context in which
the materials is used by you.
You use the materials entirely at your own risk. The Drippy Tap will
not be liable for any direct, indirect or consequential damages as a
result of you using this material, including but not limited to,
loss of profits, email blacklisting, email spam word issues, email
undeliverability, loss of search engine rankings, and search engine
blacklisting.
We shall not be liable to you for any loss or damage directly or
indirectly arising out of or in connection with any delay in
delivery of the goods or failure to perform its obligations under
this agreement where such delay is caused directly or indirectly by
natural disaster (fire, storm, flood, earthquake, volcano eruption);
armed conflict; labour dispute; civil commotion; intervention of a
government; inability to obtain labour, materials or manufacturing
facilities; breakdown or malfunction of machinery/equipment; outages
in telecommunications, radio communications or power networks;
theft; accidents/illness; bankruptcy/liquidation of a supplier;
interruptions of, or delay in, transportation; any act or omission
of any third party; or any other cause beyond our control.
You agree to defend, indemnify and hold us harmless from and against
any and all claims, losses, liabilities and expenses (including
attorneys’ fees) related to or arising out of the services provided
by us to you under this agreement, including without limitation
claims made by third parties (including your customers) related to
any false advertising claims, liability claims for products or
services sold by you, claims for patent, copyright or trademark
infringement, or for claims due to disruption or malfunction of
services provided hereunder.
If, despite the other provisions of this agreement, The Drippy Tap
is found to be liable to the client then its liability for any
single event or series of related events is limited to the annual
membership fee you have paid to The Drippy Tap.
Your
Indemnification
You agree to indemnify, defend and hold The Drippy Tap, its
affiliates, its content providers and their respective directors,
officers, employees, shareholders, partners and agents
(collectively, the “The Drippy Tap Parties”) harmless from and
against any and all claims, liability, losses, damages, costs and
expenses (including reasonable legal fees on a solicitor and client
basis) incurred by any The Drippy Tap Party as a result of or in
connection with any breach or alleged breach by you or anyone acting
on your behalf of any of the terms of this Agreement.
General
Provisions
You specifically agree and acknowledge that you have, in addition to
the terms of this Agreement, reviewed the terms of the Services and
FAQs and any other information and references which may be
incorporated by reference therein, and to the extent of their
incorporation in this Agreement you agree to be bound by them.
The Drippy Tap’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right.
You agree to pay and be responsible for any and all sales taxes,
user taxes, value added taxes and duties imposed by any jurisdiction
as a result of the license granted to you, or of your use of the
materials, pursuant to this Agreement.
This Agreement will be governed under the laws of New Zealand.
Contact
If you have concerns relating to this Agreement, please contact The
Drippy Tap at
cornelia@fxmarketing.co.nz or via phone +64 9 419 6560. Any
expenses incurred in contacting us are your responsibility.
Acknowledgement
You acknowledge that you have read this Agreement, understand it,
and had an opportunity to seek independent legal advice prior to
agreeing to it. In consideration of The Drippy Tap agreeing to
provide the materials, you agree to be bound by the terms and
conditions of this Agreement. You further agree that it is the
complete and exclusive statement of the Agreement between you and
The Drippy Tap, which supersedes any proposal or prior agreement,
oral or written, and any other communication between you and The
Drippy Tap relating to the subject of this Agreement.
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“An expert in
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- Managing
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Read more
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