LIBRARY TERMS AND CONDITIONS OF ACCESS AND USE
The following terms and conditions set out the terms upon which Rhino Rack Australia Pty Ltd (ABN 63 122 680 639) (“Rhino Rack”) permits you to have access to and use the content (“Content”) of this library (“Library”).
Your access to and use of the contents of this Library is conditional on your agreement to and compliance with these terms and conditions.
Your Reseller Agreement contains other and more detailed provisions concerning Rhino Rack’s intellectual property and your use of it. Please also refer to your Reseller Agreement
You agree as follows:
1. The right to access this Library is to be exercised only by you/your company as an authorised Rhino Rack Reseller. You must not allow any third party to obtain access to this Library or allow any third party to use your user name or password or to otherwise gain access to it.
2. If you are not an authorised Rhino Rack Reseller and/or you do not have a user name and password issued to you/your company by Rhino Rack, you must not enter this Library and you must not attempt to down-load, copy or use any of the Content of this Library.
3. Rhino-Rack remains at all times the owner of the copyright and other intellectual property, throughout the world in all Content in this Library, including but not limited to all photographs, videos, graphic and artistic works, text, sound recordings, musical works (including the score and lyrics).
4. You must not assert ownership or attempt to register any intellectual property in the Content in any place.
5. You are licensed to down-load and use Content for the purposes of promoting Rhino Rack products, as an authorised Rhino Rack Reseller only. You must not use any Content for any other purposes.
6. You must not transfer, license or otherwise purport to deal with or dispose of any Content. You must not transmit in any format or medium or give any third party a copy of any Content other than in the following circumstances:
a. You may give an advertising consultant engaged by you/your company a copy of Content for the purpose of assisting you to promote Rhino Rack products; and
b. You may give the publisher of a magazine or other publication a copy of the Content for the purposes of publishing your promotion of Rhino Rack products, on the condition that you ensure that the consultant or publisher (as the case may be) is aware of these terms and conditions and that Rhino Rack remains the owner of all copyright and other intellectual property in the relevant Content.
7. If you provide Content to a third party as permitted under paragraph (6), above, you and your company must ensure that the third party complies with these terms and conditions and you and your company must indemnify Rhino Rack against any loss incurred by Rhino Rack if the third party fails to do so.
8. You must store all Content appropriately in a manner that does not expose the Content to the risk of damage, theft or unauthorised access or use.
9. You must not alter any Content. You must not remove any copyright, trade mark or other intellectual property notice appearing on or with any Content.
10. You must not use Content in any manner which:
(a) is defamatory;
(b) is false, misleading or deceptive;
(c) contains a misrepresentation of any kind;
(d) involves an unauthorised disclosure of confidential information of Rhino Rack or any person;
(e) infringes any law with respect to privacy;
(f) involves a contempt of court, breach of any court order or other legal obligation;
(g) involves an infringement of the intellectual property rights of any person; or
(h) brings a Rhino Rack product into disrepute or that does not fairly and accurately represent the specifications, use, capacity or features of Rhino Rack products
11. Rhino Rack provides you with access to and the right to use Content without representation of any kind, express or implied. Your use of Content does not constitute an endorsement or approval by Rhino Rack of any advertisement or promotional activity by you or your company or advice to the effect that the advertising will be commercially effective or is legally sound. You and your company are responsible for all advertising, marketing and promotional activities engaged by it in respect of the Products.
12. You must notify Rhino Rack immediately in writing if you or your company becomes aware of any infringement of Rhino Rack’s intellectual property, or of any allegation or Claim concerning any Intellectual Property of Rhino Rack.
I ACCEPT the foregoing terms and conditions and represent that I am authorised by my business to do so.