Thursday, 23 May 2013
Legal Notices and Trademarks
KIWA international Limited ("KIWA") maintains this site (the "Site") for your entertainment, information, education, and communication. Please feel free to browse the Site. If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials. Additionally, you may not distribute or transmit (except, within your business or organization), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without KIWA's prior written permission.
Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below.
Terms and Conditions
1. You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
2. Your use of the Site is at your risk. KIWA makes no warranties or representations as to its accuracy and KIWA specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither KIWA nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that the Consumer Guarantees Act 1993 in New Zealand and other legislation in other jurisdictions may confer rights and remedies on you in relation to the provision by KIWA of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Notwithstanding the foregoing paragraph, KIWA does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Where the Consumer Guarantees Act 1993 applies to these Terms and Conditions:
(a) if the goods or services are acquired by you for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply; and
(b) if the goods or services are not acquired by you for business purposes, to the fullest extent permitted by law, KIWA's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of KIWA, to: (i) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (ii) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
3. Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
4. KIWA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by KIWA or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, KIWA is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
6. Materials displayed on the Site are either the property of, or used with permission by, KIWA. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.
7. The Site refers to products and/or services that are generally available for purchase in New Zealand but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local KIWA authorized representative for specific product/service availability in your locality.
8. KIWA is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While KIWA may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Subject to the Non-Excludable Rights (above), KIWA disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
9. Although KIWA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, KIWA is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. KIWA will fully co-operate with any law enforcement authorities or court order requesting or directing KIWA to disclose the identity of anyone posting such materials.
10. KIWA may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page to review the then current Terms and Conditions.
11. These Terms and Conditions are to be governed by and construed in accordance with the laws of New Zealand, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.
The trademarks, including but not limited to, "KIWA”, “KIWA International", “SOUNDS SUITE”, “VoiceQ ADR”, “VoiceQ DUB”, “KEEPING SOUND ON TRACK”, “BREAKING SOUND BARRIERS” “QML”, “CUE MY LIPS” are trademarks of KIWA and/or its affiliates. "VoiceQ“" is a New Zealand Registered Trademark. Any other trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or rights of use any trademark displayed on the Site without the written permission of KIWA or such third party owner.