Terms and Conditions
Last updated: January 6, 2009
- Introduction: newenergytips.com
("thiswebsite") is owned and operated
by Dewey Group Limited ("we", "us",
"our"). These terms of use constitute an agreement
made between the website user ("you", "your")
and us. You must not access or use this website unless you
accept all of these terms of use. By accessing and using
this website you confirm your acceptance of these terms of
use.
- Changes: We reserve the right to change these
terms of use from time to time by publishing the changed
terms of use on this website. You agree to review these
terms of use periodically to be aware of such changes. Your
continuing to access or use of this website following such
publication shall be deemed your conclusive acceptance of
these terms of use, as revised. We reserve the right to
add, modify, or remove this website or any information,
feature, specification, or other part of this website (at
any time and without notice to you).
- Beta version: This website is provided as a
"beta" or "pre-release" version. Accordingly you
acknowledge that this website may not be feature complete,
and may contain known bugs and issues. We may make change
this website during testing and development, and we reserve
the right not to release a final version of this
website.
- Your privacy: Where we collect your personal
information as a result of your accessing and using this
website, our privacy policy will
apply to that information. Accordingly, these terms of use
must be read in conjunction with our privacy policy.
- Our intellectual property: The entire contents
of this website is protected by copyright and other laws
of the United States , and under similar laws and
international conventions abroad. You acknowledge and agree
that all copyright and other intellectual property rights
that may subsist in this website including text,
illustrations, photographs, video, music, sounds, layout,
designs, source code, belong to us or to our licensors
(together, "our intellectual property"). We value
our intellectual property and will vigorously enforce those
rights to the fullest extent permitted by law .
- Limited permission to use: You may view,
download, or print portions of this website (and you may
otherwise use the permitted functionality of this website)
solely for your own personal, non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from such portions. You
must not otherwise print or reproduce any part of this
website for any reason except with our prior written
consent in each instance. By making this website available
to you, we do not give you any other right, title,
interest, or licence in or to any of our intellectual
property.
-
Restrictions: You must not access or use this
website other than in accordance with these terms of
use. In the course of accessing and using this website,
you must not:
- copy, distribute, resupply, republish, upload,
post, transmit, sell, prepare of derivative works
from, or otherwise deal with our intellectual
property except as expressly permitted under these
terms of use or otherwise with our prior written
consent in each instance;
- disrupt or interfere with this website, or any
other software, hardware or network associated with
this website;
- use simultaneous, unattended, or continuous
connections to this website or otherwise use this
website in a manner that adversely affects the
availability of its resources to other users;
- send unsolicited electronic messages or to
otherwise harass, threaten, abuse, embarrass, or
cause distress, unwanted attention, or harm to any
person;
- transmit any files or material of any kind
which contain a virus, corrupted data, or other
malicious code (whether via this website or in any
email that you send to us);
- gain, or attempt to gain, unauthorised access
to any part of this website (including any other
user's account), any other computer system, or any
email or other private message not intended for
you;
- infringe, or attempt to infringe, the
intellectual property rights of any person; or
- violate any laws, rules, or regulations
applying to or relating to your access to or use of
this website.
- Your account: In order to be able to access
certain information and functionality offered on this
website, you must create an account. To create your
account, you must complete your account details in the
manner described on this website (including selecting a
username and password which we will use to verify your
identity when you use this website). You must ensure that
your account details are complete and accurate when
submitted to us, and you must keep your account details
up-to-date.
- Your username and password: Your username and
password are personal to you and you must at all times
maintain the confidentiality of your username and password
and not disclose them to any third party. You agree that
you are solely responsible for any use of this website by
any person using your username and password and you agree
to indemnify us against any and all claims arising out of
your failure to maintain the confidentiality of your
username or password. We will not be liable for any loss
that you may incur as a result of someone else using your
password or account (whether with or without your
knowledge). You agree to notify us immediately of any
unauthorised use of your account or any other breach of
security.
-
User content: This website may enable you to
create, modify, transmit, upload, or submit images and
other materials and information (together, "user
content"). By creating, modifying, transmitting,
uploading, or submitting any user content ("your
user content"), you:
- grant us a non-exclusive, royalty-free, fully
paid-up, worldwide, perpetual, irrevocable, licence
to (i) use, copy, modify, distribute, transmit,
broadcast, create derivative works of, publicly
display and publicly perform your user content (by
all means and in any media now known or hereafter
developed); (ii) license, sell, rent, lease, or
lend copies of your user content (and derivative
works thereof); (iii) sublicense to third parties
any or all of the aforementioned rights (including
the right to sublicense to further third parties);
(iv) use and publish your name and alias in
connection with your user content as well as in
connection with all advertising, marketing and
promotional material that we may publish in
relation to your user content; and (v) make your
user content available to other users of this
website for their personal use (and you permit
those users to use, modify, copy, distribute,
transmit, display, perform, reproduce, publish, and
create derivative works of your user content in
accordance with the permitted functionality of this
website and otherwise as permitted by us); and
- acknowledge and agree that no royalties or
other compensation will be paid or payable to you
for your user content, or for the granting of the
rights described above.
-
Your warranties: Your must not create, modify,
transmit, upload, or submit any user content that does
not comply with all of the warranties and
representations described below. You warrant and
represent that:
- you own or otherwise have all rights necessary
for you to create, modify, transmit, upload, or
submit your user content and grant the rights
described in clause 10;
- where copyright (or any other intellectual
property right) in any part of your user content
does not belong to you, the owner of that part has
granted you permission to use that part in
accordance with the permitted functionality of this
website and to license that part in accordance with
clause 10;
- your user content does not contain any viruses,
worms, spyware, or other components or instructions
that are malicious, deceptive, or designed to limit
or harm the functionality of a computer;
- your user content does not contain or comprise
material that is unlawful, objectionable,
defamatory, threatening, pornographic, harassing,
hateful, racially or ethnically offensive;
encourages conduct that would be considered a
criminal offence, give rise to civil liability,
violate any law; contains any falsehoods or
misrepresentations that could damage us or any
third party; or is otherwise inappropriate;
and
- each person depicted in your user content (if
any) has provided consent to the use of your user
content as permitted through the functionality of
this website and the licensing of your user content
in accordance with clause 10 (including, without
limitation, the copying, distribution, public
display of your user content).
- Monitoring and termination: We have no
obligation to you to monitor this website or any user
content. However, we reserve the right to review any user
content and to remove any user content if we receive a
complaint about that user content, or otherwise in our sole
discretion. We may at any time edit, refuse to display, or
remove any part of this website (including your user
content) as we deem necessary to satisfy any applicable
law, regulation, legal process or governmental request. We
may (at any time and without notice to you) suspend or
terminate your account if you breach any of these terms of
use, or otherwise for any reason whatsoever.
-
Indemnity: You will indemnify us, our officers
and employees from and against all claims, demands,
damages, losses, costs, and expenses arising from:
- your access to, use of, or reliance upon any
part of this website;
- any breach of these terms of use by you or by
any person who uses your account (regardless of
whether that person has your authorisation);
and
- your negligent or wilful acts or omissions in
accessing or using this website.
- Availability: Your use of this website and any
associated services may sometimes be subject to
interruption or delay. Due to the nature of the Internet
and electronic communications, we and our service providers
do not make any warranty that this website or any
associated services will be error free, without
interruption or delay, or free from defects in design. We
will not be liable for any damages or refunds should this
website become interrupted or delayed for any reason.
- Errors: While we endeavour to ensure that the
content of this website is free from errors, we do not give
any warranty or other assurance as to the content of
material appearing on this website, its accuracy,
completeness, timeliness or fitness for any particular
purpose.
- Outbound hyperlinks: This website may contain
hyperlinks to third party websites ("outbound
hyperlinks"). Outbound hyperlinks are provided for your
convenience only and may not remain current or be
maintained. We make no endorsement of, and accept no
responsibility for, any content accessible through any
outbound hyperlink. You are responsible for complying with
any terms and conditions imposed by third party
websites.
- Inbound hyperlinks: You agree that you will not
publish or distribute any hyperlinks to this website
("inbound hyperlinks") without our prior written
permission in each instance. If you do create an inbound
hyperlink, you will be responsible for all losses (whether
direct or indirect) that we may suffer as a result of that
hyperlink. Publishing or distributing inbound hyperlinks is
done at your own risk.
- Malicious code: Although we endeavour to prevent
the introduction of viruses or other malicious code
(together, "malicious code") to this website, we do
not guarantee or warrant that this website, or any data
available from it, does not contain malicious code. We will
not be liable for any damages or harm attributable to
malicious code. You are responsible for ensuring that the
process that you employ for accessing this website does not
expose your computer system to the risk of interference or
damage from malicious code.
- Security: Although w e endeavour to protect the
security of your personal information y ou acknowledge that
there is a risk of unauthorised access to (or alteration
of) your transmissions or data or of the information
contained on your computer system or on this website. We do
not accept responsibility or liability of any nature for
any losses that you may sustain as a result of such
unauthorised access or alteration. All information
transmitted to you or from you is transmitted at your risk,
and you assume total responsibility and risk for your use
of this website and the internet. We do not accept
responsibility for any interference or damage to your own
computer system which arises in connection with your
accessing of this website or any outbound hyperlink.
- Our trade marks: You acknowledge and agree that
newenergytips, newenergytips.com and the newenergytips.com
logo are our trade marks ("our trade marks"). Our
trade marks must not be used (including as part of trade
marks or domain names) in connection with any good or
service in any manner that is likely to cause confusion and
our trade marks must not be used, copied, or imitated (in
whole or in part) except with our prior written permission
in each instance.
- Third party trade marks: All third party trade
marks appearing on this website are the property of their
respective owners, and are used on this website merely to
refer to the trade mark proprietor or its products. The use
of any third party trade marks on this website is not
intended to imply any connection between us or our products
and services and the trade mark proprietor or any of its
products or services, nor any endorsement of our products
or services by the trade mark proprietor.
- Third party products and services: You
acknowledge and agree that, except for information,
products or services clearly identified as being supplied
by us, we do not operate, control or endorse any third
party, information, products or services on the Internet in
any way. Except for information, products or services
clearly identified as being supplied by us, all
information, products and services offered through this
website (or on the Internet generally) are offered by third
parties that are not affiliated with us.
-
Feedback and unsolicited ideas: If you give us
feedback about this website or our products or
services, you grant us the right to use that feedback
for the purpose of improving our website, products or
services (and for any other purpose we deem necessary
or desirable) without being obliged to pay you any
compensation in respect of our use of that feedback. We
(and our employees) do not accept or consider
unsolicited ideas, including artwork, demos, samples,
and other ideas for new promotions, products, product
names, processes, technologies, or materials
("unsolicited ideas"). You must not send
unsolicited ideas to us. If you do send us unsolicited
ideas:
- we do not warrant or represent that those
unsolicited ideas will be treated as confidential
or proprietary;
- such unsolicited ideas will be treated and
licensed as if they were "user content" in
accordance with these terms of use.
- Disclaimer of warranties: To the maximum extent
permitted by law, we provide this website and related
information and services on an "as is" basis without any
warranties, representations, or guarantees of any kind
(whether, express, implied, statutory or otherwise)
including, but not limited to, warranties of
non-infringement, merchantability, or fitness for a
particular purpose.
- Consumer Guarantees Act: Nothing in these terms
of use is intended to avoid the provisions of the Consumer
Guarantees Act 1993 except to the extent permitted by that
Act, or to exclude liability arising under any other
statute, if and to the extent that such liability cannot be
lawfully excluded, and these terms of use shall be modified
to the extent necessary to give effect to that intention.
If you are acquiring goods or services for the purposes of
a business you agree that the guarantees provided in the
Consumer Guarantees Act 1993 shall not apply.
- Limitation of liability: To the maximum extent
permitted by law, we will not be liable (in contract, tort,
or otherwise) for any loss of profits, loss of data, or for
any indirect, incidental, consequential, or economic
damages or losses (howsoever caused), which you may
directly or indirectly suffer in connection with (i) your
use of, or inability to use, this website, or any material
appearing on this website; or (ii) any action or decision
taken as a result of using this website, or any material
appearing on this website - even if we have been advised of
the possibility of such damages. In no event shall our
total liability to you (in contract, tort, or under any
other cause of action) for all damages, losses, costs and
expenses suffered by you exceed the amount paid by you (if
any) for accessing this website.
- Electronic communications: You consent to
receiving communications from us electronically and you
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications be
in writing. You agree to be bound by any agreement reached
through electronic communications in terms of the
Electronic Transactions Act 2002. You consent to receiving
electronic messages and information sent by us (or on our
behalf) for any purposes described in our privacy policy. You
agree, pursuant to section 11(2) of the Unsolicited
Electronic Messages Act 2007, that the person sending any
such message need not include a functional unsubscribe
facility in that message.
- Governing law: These terms of use shall be
governed by the laws of the United States and the courts of
the United States shall have non-exclusive jurisdiction to
hear and determine any dispute arising in relation to these
terms of use. Except as otherwise described, all materials
on this website are made available only to provide
information about us, this website, and the products which
may be ordered from this website. This website has been
prepared in accordance with United States law, and may not
satisfy the laws of any other country. We make no
representations or warranties as to whether or not the
information or products available from this website are
appropriate or available for use in other countries. If you
choose to access this website from outside the United
States you are responsible for compliance with applicable
local law.
- General: If any provision of these terms of use
is held to be invalid or unenforceable for any reason, the
remaining provisions shall, to the maximum extent possible,
remain in full force and effect. Any cause of action or
claim you may have against us or otherwise with respect to
this website must be commenced within one (1) year after
the claim or cause of action arises otherwise such claim or
cause of action shall be barred. Our failure to insist upon
or enforce strict performance of any provision of these
terms of use shall not be construed as a waiver of any such
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of these terms of use. We may assign our rights
and obligations under these terms of use to any party at
any time without notice to you.
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