By using Fuseworks, you are agreeing to these terms and conditions.
1.1 This End User Agreement constitutes the agreement between Fuseworks Limited (“Fuseworks”) and you as a user who accesses or establishes a connection (“user,” “customer”, “you,” or “your”) to Fuseworks and/or other services based on the Fuseworks service (collectively the “Service”), which are licensed by Fuseworks.
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
1.3 Fuseworks reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Fuseworks will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
1.4 Fuseworks reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. Fuseworks further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on Fuseworks’s belief that your use of the Service violates that permitted by this Agreement or applicable law.
1.5 If you do not agree to the provisions of this agreement or are not satisfied with the Service, your sole and exclusive remedy is to discontinue your use of the Service.
2. Delivery; fees and payments; account management
2.1 Delivery: Your Fuseworks account will be established and you will be provided with access within 24 hours of signing up for the service.
2.2 Users: You will pay Fuseworks for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by Fuseworks.
You further acknowledge that your obligation to pay Fuseworks all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay Fuseworks for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrolment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrolment in the Service, and not the date of your first use of it.
You may also cancel your account for the Service at any other time after the agree Initial Term (either one month, or one year, depending on your billing choice) giving no less than one months notice; however, Fuseworks does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts. You may cancel your account for the Service by contacting Fuseworks.
3. Rights in service content and the Service
3.1 All content provided by Fuseworks on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Fuseworks.
3.2 You may search, retrieve, display, download, email, and print content from the Service solely for personal use by you and shall make no other use of the content without the express written permission of Fuseworks and the copyright owner (or its authorised agent) of such content. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. Further, you will not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Service that would create any electronic data base or archive containing such content. You agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to Fuseworks and/or its licensors.
4. Updates and amendments
4.1 You acknowledge that errors and mistakes may be made in content included in the Service and that you will take note of any relevant kills or corrections before using content from the Service in any manner.
4.2 You acknowledge that content from the Service may be subject to embargo or other limitations as to the time or manner in which such content may be made available to other persons. You agree to ensure the Embargoed Content is only used or made available within the terms of such limitations.
5. User activities and privacy of user information on the Service
5.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
5.2 Fuseworks reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. Fuseworks further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. Fuseworks may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by Fuseworks.
6. Disclaimer of warranties and limitation of liability
6.1 You expressly agree that use of the Service is at your sole risk. Neither Fuseworks, nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors warrant that the Service will be uninterrupted or error free or that they will be free of viruses or other harmful components. Nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, completeness, or contents of any content, information, material found on the Service, or any links to other sites or services made available on the Service.
6.2 The Service, all content, material, information found on the Service are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
6.3 Under no circumstances, including, but not limited to, negligence, shall Fuseworks (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, or third party content providers), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material on the Service, or the Service itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Fuseworks (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Fuseworks (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers to you exceed the amount paid by you to Fuseworks during the three (3) months prior to any claim of injury or damage.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Fuseworks (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Fuseworks reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defence of any claim.
8. Notices between us
You will contact us by sending email to email@example.com. We will contact you by sending email to the address you provide to us.
Fuseworks may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. Fuseworks shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which Fuseworks, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
10. Law governing performance and disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of NZ. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of NZ in any and all actions, disputes, or controversies relating to this Agreement.
11. General terms
This Agreement and any rules posted on the Service by Fuseworks constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either Fuseworks or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Fuseworks and its successors, trustees, and permitted assigns. Fuseworks may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Fuseworks does not relieve you of your obligations under this Agreement.