By accessing this website, you are agreeing to be bound by these Terms and Conditions , all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms do not access the website. The materials contained on this website are protected by applicable copyright and trademark laws.

DISCLAIMER

The information on Kitsunei®'s website is provided "as is". Kitsunei® makes no warranties, expressed or implied, and disclaims 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. Furthermore, Kitsunei® does not warrant or make any representations concerning the accuracy, likely results, or reliability of its website, the materials on its website, or any sites linked to or by its website.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use Kitsunei®'s website strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to Kitsunei® that you will not use the site for any purpose that is unlawful, malicious or prohibited by these terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

You will not modify, publish, transmit, reverse engineer, 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 site. Kitsunei® content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kitsunei® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kitsunei® or our licensors except as expressly authorized by these terms.

PRODUCT SPECIFICATIONS

The specifications provided in our literature or with our quotations are intended to be accurate. However, in a continuing effort to offer the best product possible, we reserve the right to change, without prior notice, specifications or materials that in our opinion will not alter the function of the product. Specification details found at Kitsunei website are the most recent versions and supersede all other printed or electronic versions.

LIMITATIONS

In no event shall Kitsunei® or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kitsunei®'s website, even if Kitsunei® or a Kitsunei® authorized representative has been notified orally or in writing of the possibility of such damage. 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. Revisions and the materials appearing on Kitsunei®'s website could include technical, typographical, or photographic errors. Kitsunei® does not, however, make any commitment to update the materials on its website.

LINKS

Kitsunei® has not reviewed the sites linked to its website and is not responsible for the contents of any linked website. The inclusion of any link does not imply endorsement by Kitsunei® of the site. Use of any linked website is at the user's own risk.

SECURITY

Kitsunei® takes the security of the site very seriously and will strive to utilize reasonable methods to maintain the integrity of the Site. However, Kitsunei®, cannot guarantee that unauthorized access to the site will not occur. In the event of the discovery of unauthorized access, Kitsunei® will notify affected users of the extent of the unauthorized access to allow them to take appropriate steps to safeguard any information exposed during the unauthorized access.

THIRD PARTY SERVICES

We never post anything to your accounts with Facebook, Twitter, or any other third party sites without your permission. Except for the purposes of providing products or services requested by you, we will not give your name or personal information to third parties.

TERMS OF USE MODIFICATIONS

Kitsunei® may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.


GOVERNING LAW

All claims relating to Kitsunei®, its website, its products or policies shall be governed by the laws of the state of Queensland Australia.

COPYRIGHT

Unless otherwise stated, the copyright of all contents of this website belongs to Kitsunei. No part of this website may be reproduced, distributed, photocopied, displayed, linked, or transmitted by any other person without the written permission of Kitsunei or any other copyrighted third party, uploaded to other servers by way of hyperlinks, Remain in the information retrieval system, or download or copy for any commercial purpose. If you download or copy the content of this website for non-commercial purposes, you should not modify any content during its use, and you should retain the content and form of the copyright statement or other ownership statement contained in the original.

TRADEMARK RIGHTS

Unless otherwise stated, all trademarks, logos, logos, or other marks displayed, referred to or otherwise used on this site belong to Kitsunei. The above trademarks and logos may not be used in any way without the written permission of Kitsunei or a trademark licensed by third parties.

COPYRIGHT INFRINGEMENT NOTICES

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to dmca@kitsunei.com in accordance with the requirements set out below.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;

d) The name, address, telephone number, and email address of the complaining party;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and

f) statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent to legal@kitsunei.com. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA. Kitsunei’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:


Legal Department
Kitsunei
4/40 McDougall St
Milton, QLD 4064, Australia
Email: legal@kitsunei.com


We have a policy of terminating the Site usage privileges of users that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at our discretion.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your misuse or unauthorized use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.