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PRIVACY

Ernst International is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.

OWNERSHIP OF CONTENT
The Site is owned and operated by Ernst International Pty Ltd, a company registered in Australia. All of the content featured or displayed on the Site (except for User Generated Content), including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Ernst International Pty Ltd and its group of companies (herein after in this document ‘Ernst’), its licensors and/or its content providers. All elements of Ernst’s websites (except for User Generated Content), including, but not limited to, the general design and the content,text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and is the proprietary property of Ernst; All rights reserved. Except as explicitly permitted by applicable copyright laws or under this or another agreement with Ernst, no portion or element of the Site or its Content may be copied, reproduced in any form or retransmitted via any means and the Site, its content and all related rights shall remain the exclusive property of Ernst or its licensors unless otherwise expressly agreed.


COPYRIGHT AND TRADEMARKS


COPYRIGHT
All copyright featured or displayed on the Site is owned by Ernst (except for User Generated Content). Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Ernst. Sting does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Ernst retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.


TRADEMARKS
All trademarks, service marks and trade names of Ernst used herein (including but not limited to: the word mark “Ernst”, “the Ernst logo”, “the X solus device) are trademarks or registered trademarks of Sting or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Ernst trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Ernst’s prior written consent. The use of Ernst trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Ernst.


DISCLAIMER OF WARRANTIES
ERNST IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE WEBSITE OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE WEBSITE. THE WEBSITE, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED ‘AS IS’ AND EXCEPT TO THE EXTENT REQUIRED BY LAW, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. STING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.

ERNST DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT REQUIRED BY LAW, ERNST DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ERNST RESERVICES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.



LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHERE CONDITIONS AND WARRANTIES IMPLIED BY APPLICALBLE LAW CANNOT BE EXCLUDED, YOU HERBY WAIVE AND STING LIMITS ITS LIABILITY TO YOU OR ANY PERSON OR ENTITY WHERE AND TO THE EXTENT IT IS ENTITLED TO DO SO. OTHERWISE, NEITHER STING, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIALINCLUDING, WITHOUT LIMITATION, ANY LOSSES, INJURY, OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR US, OR OTHER ECONOMIC ADVANTAGE, OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A ERNST EVENT OR ANY USER GENERATED CONTENT, EVEN IF STING HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND, WILL NOT MAKE AND HERBY WAIVE ANY CLAIM AGAINST STING FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE.

NO LIABILITY WHATSOEVER (EXCEPT AS PROVIDED BY LAW) WILL BE ACCEPTED BY ERNST FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE RELATING TO DELIVERY OF PRODUCTS OR THE PERFORMANCE OF PRODUCTS PURCHASED THROUGH THE WEBSITE UNLESS THE SAME OCCURS BECAUSE OF THE WILFUL ACT OR DEFAULT OR NEGLIGENCE OF ERNST, ITS SERVANTS, AGENTS OR CONTRACTORS IN WHICH CASE LIABILITY IS LIMITED TO AT ERNST’S DISCRETION TO THE REPLACEMENT OF PRODUCTS OR THE PAYMENT OF THE COST OF HAVING THE PRODUCTS RESUPPLIED.


WEBSITE USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase Ernst products. Any other use is prohibited unless agreed to by Ernst in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without Ernst’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
 
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Ernst account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Ernst immediately of any unauthorized use of your Ernst account. Ernst is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.