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Mazarine Aqua

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Terms and Conditions

This online merchant is located in Australia and operated by Mazarine Aqua Pty Ltd. Throughout the site, the terms ‘Mazarine Aqua’, ‘we’, ‘us’ and ‘our’ refer to Mazarine Aqua Pty Ltd. Mazarine Aqua offers this website, including without limitation all content, goods and services available from this website (hereafter our ‘Service’) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices. By accessing any part of our site, you engage in our Service and agree to be bound by these terms and conditions (‘Terms of Service’), including those additional policies referenced herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Service. Mazarine Aqua shall have the right in its absolute discretion at any time and without notice to amend, withdraw, remove or vary the Service and any part of these Terms of Service. You can review the most current version of the Terms of Service at any time at this page – it is your responsibility to check our Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Interpretation

Any reference in these Terms of Service to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms of Service unless otherwise specified. All references to dollar amounts are references to Australian dollars.

Registration as a Member

To obtain access to certain content and services (including Mazarine Aqua Video Streaming, described further below) within the Service, you are required to register as a member of the website. You can register either by connecting your Facebook, Twitter or Google+ account, or by creating an account using an email address and password. You agree to: provide current, complete, true and accurate information; maintain and promptly update your information to keep it current, complete and accurate; and provide additional information about yourself as may be requested by Mazarine Aqua from time to time.

If you register for the Service using your Facebook, Twitter or Google+ account, you authorise Mazarine Aqua to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through your account, including your name, profile picture, country, hometown, e-mail address, date of birth, gender, friends’ names and profile pictures and networks. Our Privacy Policy sets out how we will use any personal information provided in using our Service, and by using this Service, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

You acknowledge and agree:

  • that you are responsible for maintaining the confidentiality and security of your password and that you are solely liable for all activities that occur under your password;
  • to notify Mazarine Aqua immediately upon discovery or suspicion of compromise of the confidentiality of any password;
  • that we may require you to periodically change your password;
  • not to share, transfer, lease, assign or sublicense any password without Mazarine Aqua’s prior written consent;
  • that you will take reasonable steps to prevent access by persons other than you to devices that are logged in to your account;
  • not to circumvent the password restrictions on the device or website, nor allow others to do so on your behalf;
  • not to use anyone else’s password; and
  • that Mazarine Aqua shall not be responsible for your failure to comply with the Terms of Service or any loss or damage arising out of, or related to, the use of your password by you or anyone other than you.

If you sign into this Service on a public computer and do not sign out, someone else who uses that computer after you may be able to access your account. We therefore advise you to ensure you log out of all services when you have finished using a public computer. Where you access the Service using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed in on that device. This means that someone else with access to your device may be able to access your Mazarine Aqua account. You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password for your member account.

Goods and Services – Offer and Acceptance

By placing an order for any goods or services on our Service, you are offering to purchase the goods or services on and subject to the Terms of Service, and at the price (including delivery and other charges and taxes) specified on the website at the time of offer. In order to contract with Mazarine Aqua you must be able to make a legally binding contract – goods and services are not available to persons under the age of 18 years, nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Mazarine Aqua that you are able to make a legally binding contract. You must also possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods and services. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.

Mazarine Aqua reserves the right to accept or reject your order for any reason, including, without limitation, an error in the good or service description or the price posted on the website, the availability of the good or service, or an error in your order. All descriptions of goods and services and pricing are subject to change at anytime without notice, at the sole discretion of us. Any description of such goods or services has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description. If we discover an error in the price of any goods or services that you have ordered we will inform you of this as soon as possible, and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled and you have already paid for the goods or services, you will receive a full refund. We reserve the right to modify or discontinue any product or service (or any part or component thereof) at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Any offer for any product or service made on this Service is void where prohibited. We have made every effort to display as accurately as possible the colours and images of goods and services that appear on the Service, however we cannot guarantee that your device display of any colour will be accurate.

Your contract with Mazarine Aqua comes into existence when Mazarine Aqua forwards you an email containing confirmation of receipt and acceptance of your order and confirmation of receipt of your payment. Once your order is accepted it will be subject to return or exchange only according to our policy. We do not warrant that the quality of any goods, services, information, or other material purchased or obtained by you will meet your expectations. Nothing in these Terms of Service is intended to exclude, restrict or modify any statutory obligation of Mazarine Aqua.

Mazarine Aqua Video Streaming

Our Service includes Mazarine Aqua Video Streaming (MAVS), which allows users to stream Mazarine Aqua video content via the internet. The video content we provide using MAVS includes both free and restricted access, with restricted content only accessible to users who have registered as a member and have purchased a subscription to access that particular restricted video content. Purchase of a subscription does not give the member the right to a permanent download, and MAVS is to be accessed only for personal, non-commercial use.

Video Content

You understand and agree that the video content you access through MAVS is owned or licensed by Mazarine Aqua and is protected by international copyright and intellectual property laws and treaties. Purchase of a video subscription does not transfer any title, right or interest to or in the video content to you. When you purchase a video subscription through MAVS, we will provide you a limited, non-exclusive, non-transferable revocable license to stream the selected video content (in accordance with these Terms of Service) for a period of 12 months from payment of the cost of the video subscription. All rights not expressly granted to you pursuant to these Terms of Service are reserved to Mazarine Aqua. Mazarine Aqua may, in its sole discretion, make changes to MAVS and/or the video content, including but not limited to adding and/or removing video content. Mazarine Aqua does not promise you any of the following:

  • that you will have uninterrupted or error-free access to and use of MAVS;
  • that the video content on MAVS is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type.

Restrictions on Streaming Video Content

You must comply with the Terms of Service and must not, nor permit, authorise or assist any other person to, do any of the following:

  • remove, alter, obscure or deface any:
    • patent, copyright, trademark, or proprietary rights notices of Mazarine Aqua;
    • trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
    • disclaimer, warning, instruction or advisory notice, which are contained in or affixed to MAVS or the video content
    • do anything that would prejudice Mazarine Aqua’s right, title or interest in MAVS and the video content
  • display, access or transmit the video content made available to you in a manner which results in you or a third party breaching any laws (including by infringing any person’s intellectual property rights or by breaching these Terms of Service);
  • sell, rent, lease, sub-license, lend, assign, time-share, distribute or otherwise make your MAVS member account available to a third party;
  • broadcast, display, communicate or re-transmit the video content made available to you:
    • to the public or in a public area;
    • to another person;
    • to a device other than your registered devices;

for a commercial purpose;

  • attempt to circumvent, modify, remove or interfere with any copyright notices or digital rights management software or restrictions connected to the video content made available to you;
  • reverse engineer, create derivate works of, modify, disable or alter MAVS or the video content;
  • duplicate or otherwise reproduce (including but not limited to “burning”) the video content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised.
  • disrupt or try to disrupt MAVS or use it to distribute software viruses or other harmful programs.

Internet Connectivity

MAVS requires internet connectivity to function properly, and you acknowledge that video streaming may involve significant internet usage. The payments you make for MAVS do not include any charges for internet usage. You are solely responsible for any internet or mobile data charges that your internet or network service provider may apply in relation to streaming any video content through our Service. You acknowledge that your ability to stream video content and the quality of the stream is affected by many factors, including the internet connection (including the speed of data uploading and downloading) you are using and the volume of traffic on the network at the time you are streaming the video content, the specifications of the device you are using, and other tasks that your device may be performing simultaneously while the video content is streaming. MAVS will endeavour to adjust the video stream to allow uninterrupted viewing, however we make no guarantee as to the reliability, resolution or quality of the video stream you will receive. You also acknowledge that video content may not be immediately available for streaming once you have selected it.

Streaming Devices and Registration

MAVS can be accessed, from time to time, on a range of modern internet protocol enabled devices, such as laptop and desktop computers, tablets and smartphones. The system requirements to access MAVS will change to respond to changes in technology, so devices that are compatible now may cease to be in future. You acknowledge that MAVS may not work on all devices, and you are responsible for any costs to obtain a device that is able to access MAVS. Each member may register up to a maximum of three (3) devices for MAVS. A device may only be registered to one (1) member account at any given time. A member may elect to deregister any device from their account and register additional devices to their account at any time, provided that a member must not register any device that has been registered to (and de-registered from) more than two (2) other member accounts during the previous twelve (12) months. Upon deregistration of any given device from a members account, such device may no longer receive and/or playback any videos for that member.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if the Service includes content that is not accurate, complete or current. The Service is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the Service at any time without prior notice. We undertake no obligation to update, amend or clarify any aspect of the Service, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

User Contributions and Submissions

In making any contributions of content (including but not limited to forum comments, noticeboard posts and comments on other website content) to the Service at our request or otherwise, you agree to the conditions of the Terms of Service, Community Policy and Privacy Policy. You acknowledge that Mazarine Aqua is not obliged to publish any contribution submitted by you. For any content you post on the Service that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content (hereafter ‘IP License’). This includes, for example and without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Mazarine Aqua may also share your contribution with trusted third parties. You agree that your contributions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your contributions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any contribution. You are solely responsible for any contributions you make and their accuracy. We take no responsibility and assume no liability for any contributions posted by you or any third party. We may, but have no obligation to, monitor, edit or remove contributions from the Service that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, in violation of any party’s intellectual property rights, or in breach of these Terms of Service.

If, at our request or otherwise, you send us creative ideas, suggestions, proposals, plans, or other materials through any medium (your ‘submission’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submission that you forward to us. We are and shall be under no obligation (1) to maintain any submission in confidence; (2) to pay compensation for any submission; or (3) to respond to any submission.

Shipping Arrangements

Our Shipping Policy sets out our arrangements with respect to delivery of goods – by using this Service, you consent to the policy terms.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Service.

License And Ownership

The intellectual property rights in all software and content (including video, audio, images, text, logos, names, designs, trademarks and copyright) made available to you on or through this Service remain the property of Mazarine Aqua or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mazarine Aqua and its licensors. No material on, or made available to you on or through, this Service, may be manipulated, published, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Mazarine Aqua. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any content supplied by Mazarine Aqua or its licensors. All custom graphics, icons, and other items that appear on the Service and all associated trademarks, are trademarks of Mazarine Aqua. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks that are similar without the written permission of Mazarine Aqua.

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party goods, services and locations featured on this Service are in no way associated, linked or affiliated with Mazarine Aqua, and you should not rely on the existence of such a connection or affiliation. Where a trademark or brand name is referred to, it is used solely to describe or identify the goods and services and is in no way an assertion that such goods and services are endorsed by or connected to Mazarine Aqua.

Third Party Links

The Service may contain links to third party websites and resources (hereafter ‘linked sites’). These linked sites are provided solely as a convenience to you and do not constitute an endorsement by Mazarine Aqua. Mazarine Aqua makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site, and we do not warrant and will not have any liability or responsibility for any linked site, or for any other materials, goods, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any linked site. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. Mazarine Aqua may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from this Service.

Inbound Links

Mazarine Aqua generally encourages and agrees to your linking to the home page www.mazarineaqua.com through a plain text link on your website without the need for agreement between yourself and Mazarine Aqua, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link from any website that is not owned by you. This Service must not be framed on any other site, nor may you create a link to any part of this Service other than the home page. We reserve the right to withdraw linking permission without notice.

Force Majeure

Mazarine Aqua shall not be responsible for non-delivery or delay in providing the Service where caused by force majeure. Mazarine Aqua shall be excused from performance of its obligations when and to the extent such performance is delayed or prevented by force majeure. For the purpose of this commitment, force majeure shall include, but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

Warranties And Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, error-free, secure or free of viruses. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all goods and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, satisfactory quality, durability, title, and non-infringement. In no case shall Mazarine Aqua, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost goodwill, lost anticipated savings, loss or corruption of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, in equity, under statute, under indemnity, based on a fundamental breach or breach of a fundamental term, or any other basis, arising from your use of any of the Service or any goods and services procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited. This may include the Australian Consumer Law that contains guarantees to protect the purchasers of goods and services in certain circumstances. In particular our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded, and Mazarine Aqua is able to limit the remedy for a breach, then the liability of Mazarine Aqua for breach is limited to one or more of the following, at Mazarine Aqua’s option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Indemnity

You agree that your access to and use of the Service will be at your sole risk. You agree to indemnify, defend and hold harmless Mazarine Aqua and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, consultants, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including but not limited to reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Termination

The obligations and liabilities of the parties existing prior to the termination date shall survive the termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or by ceasing to use our Service. Mazarine Aqua has the right, in its sole discretion, to refuse, restrict or terminate access to any or all of the Service, including MAVS, at any time if we have reasonable grounds to suspect that you are in breach of this agreement. Mazarine Aqua reserves all other rights available to it in connection with any breach.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

If you breach these conditions and we take no action, this shall not constitute a waiver of such right or provision. We will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Assignment

We may assign any or all of our rights and obligations pursuant to these Terms of Service without the need to obtain your consent.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Queensland. The law applicable to use of the site and to disputes arising out of the Service, to the fullest extent permitted by law, is the law of the State of Queensland.

Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

 

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