Conditions of Use

  

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU HAVE ACKNOWLEDGED YOUR ACCEPTANCE BY USING THIS SITE.


Rights

The content of this site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to DAMAGE CONTROL NETWORK are protected by copyright. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other sites is prohibited. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way reproduce or exploit, any of the content on this site, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise reproduce or exploit material which you download from this site without the express prior written permission of DAMAGE CONTROL NETWORK. You further agree and acknowledge that you shall not acquire any ownership right, right of publicity or any other proprietary rights by downloading material from this site.


Content

Content on this site is DAMAGE CONTROL NETWORK's proprietary information or the proprietary information of the party that provided the information to us. DAMAGE CONTROL NETWORK or such other parties retain all rights, title, ownership and interest in that material and content. You may not copy, distribute, republish, upload, post, reproduce or transmit this content without getting our approval in writing first. If you modify or use the site or content in ways that DAMAGE CONTROL NETWORK has not approved in writing, you violate our intellectual property rights.


Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, comments, suggestions, ideas or other materials or information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission through or on this site, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right, without compensation to you, to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
 

If you make a Submission, you represent and warrant that you own or otherwise control all proprietary rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify, defend and hold DAMAGE CONTROL NETWORK and its affiliates harmless from and against any and all claims arising from or in connection with any claims of infringement or violation of any proprietary or other rights of third parties in any Submission.


Forums

DAMAGE CONTROL NETWORK may offer features through the DAMAGE CONTROL NETWORK site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Submission Section above apply to the Forums. Additionally, without DAMAGE CONTROL NETWORK' express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other DAMAGE CONTROL NETWORK site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization When you submit or make available any information or materials through the Forums or otherwise through any DAMAGE CONTROL NETWORK site ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by DAMAGE CONTROL NETWORK without restriction. You grant to DAMAGE CONTROL NETWORK the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub licensable through multiple tiers, without compensation to you or any third parties, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the DAMAGE CONTROL NETWORK site complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the DAMAGE CONTROL NETWORK site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the DAMAGE CONTROL NETWORK site are those of such third parties and not of DAMAGE CONTROL NETWORK, and DAMAGE CONTROL NETWORK and its affiliates do not endorse and will not be liable for any such opinions, statements or materials. We reserve the right in our sole discretion to remove objectionable statements or other content from the DAMAGE CONTROL NETWORK site at any time without notice if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
 

You acknowledge and agree that DAMAGE CONTROL NETWORK and its affiliates have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the DAMAGE CONTROL NETWORK site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE DAMAGE CONTROL NETWORK SITE, YOU DO SO AT YOUR OWN RISK.


Sweepstakes, Contests, Surveys and Similar Promotions

Any sweepstakes, contest, survey or similar promotion made available through the DAMAGE CONTROL NETWORK site may be governed by specific rules or terms and conditions that are separate from this Agreement. By participating in any such sweepstakes, contest, survey or promotion, you agree to become subject to those rules or terms and conditions, which may vary from the Terms of Use set forth herein. DAMAGE CONTROL NETWORK urges you to read the applicable rules or terms and conditions, if any, which will be linked from the particular activity, and to review our Privacy Policy, which, in addition to this Agreement, will govern any information you submit in connection with such activities. If you have chosen not to receive email or postal mailings from DAMAGE CONTROL NETWORK prior to your participation in a contest, sweepstakes, promotion or survey, you may still receive information from DAMAGE CONTROL NETWORK in connection with such activity if you register for or participate in it. You may also choose not to participate in contests, sweepstakes, promotions or surveys if you do not wish to receive information about DAMAGE CONTROL NETWORK or share your information with DAMAGE CONTROL NETWORK and the other companies sponsoring such activities at any time by contacting us by either email, phone or post mail.


Disclaimer

You understand that DAMAGE CONTROL NETWORK cannot and does not promise, guarantee, represent or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. DAMAGE CONTROL NETWORK does not assume any responsibility for your use of the Internet. USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGE CONTROL NETWORK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE AND OWNERSHIP, OR NON-INFRINGEMENT. DAMAGE CONTROL NETWORK DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. DAMAGE CONTROL NETWORK DOES NOT WARRANT OR MAKE ANY REPRESENTATION OR CONDITION REGARDING ANY USE OF THE CONTENT, COMPLETENESS OR ACCURACY. DAMAGE CONTROL NETWORK MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DAMAGE CONTROL NETWORK MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. DAMAGE CONTROL NETWORK ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information on this site is current only as of the date it is posted.


Hyperlinks

DAMAGE CONTROL NETWORK may have hyper-links on this site to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and DAMAGE CONTROL NETWORK makes no representation, warranties or conditions about the content, completeness or accuracy of the sites hyper-linked to this site. A link to the site does not imply our endorsement or approval of its content or source.


Intellectual Property

All trademarks, service marks, and logos, text, copyrightable subject matter, images, graphics, designs, audio and products appearing on this site belong to DAMAGE CONTROL NETWORK or its affiliates, or in some cases to the party that authorized and/or licensed such use by and to DAMAGE CONTROL NETWORK.


Governing Law

Unless restricted or prohibited by law, these Terms of Use will be governed and interpreted pursuant to the laws of VICTORIA, AUSTRALIA. You specifically consent to personal jurisdiction in the state of VICTORIA in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the state and federal courts in VICTORIA. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional rules and terms and conditions of use on this site will govern the items to which they apply. DAMAGE CONTROL NETWORK may revise these Terms of Use at any time.


Security

DAMAGE CONTROL NETWORK protects your online order and registration information by using Secure Sockets Layer (SSL) technology. When you register, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password to access account information. In order to protect your personal information further, you should be careful about providing your password to others.


Colours

DAMAGE CONTROL NETWORK displays colours of our products on our site as accurately as we can, but the actual colour you see depends on the accuracy of your own monitor, which we cannot guarantee. EACH OF THESE LIMITED WARRANTIES AND CONDITIONS IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS MADE TO YOU, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGE CONTROL NETWORK HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGE CONTROL NETWORK AND ITS AFFILIATES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.
 

To obtain information about or to make a claim concerning performance of a warranty obligation you must contact DAMAGE CONTROL NETWORK by email at info@damagecontrol.network


Miscellaneous

DAMAGE CONTROL NETWORK shall not be in default if this site is rendered unusable by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control. DAMAGE CONTROL NETWORK may revise or modify products, product information or pricing without notice. DAMAGE CONTROL NETWORK is not responsible for typographical errors or inaccuracies and information that may not be complete or current.