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By browsing and using braybrookeandpaul.com (“this Site”), provided by Braybrooke & Paul Pty. Ltd. (“Braybrooke and Paul”), you agree to be bound by the Terms of Use set out below and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein. You must exit this site immediately if you do not agree to the Terms of Use. Braybrooke and Paul reserves the right to revise, modify, change, add, alter or remove portions of the Terms of Use at its sole discretion. It is your responsibility to review these when you access this Site, as the revisions posted constitute your agreement to such amendments.
Use of Materials
Material on this Site may not be copied, reproduced, distributed, republished, uploaded, posted or transmitted in any way without Braybrooke and Paul’s prior written consent. Neither title nor intellectual property rights are transferred to you by access to or use of this Site. All rights, title and interest in and to all aspects of this Site remain the property of Braybrooke and Paul. Material on this Site is provided strictly and solely for lawful viewing purposes.
Copyrights, Trademarks & Other Proprietary Rights
All content on this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials (“Proprietary Material”), is the property of Braybrooke and Paul unless otherwise noted. You may not remove any copyright or other proprietary notices from Braybrooke and Paul’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit or otherwise use Braybrooke and Paul’s Proprietary Material in any way for any public or commercial purpose without Braybrooke and Paul’s prior written consent.
No License
Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, nothing contained on this Site shall grant, whether by implication or otherwise, any license or right to use any of Braybrooke and Paul’s Proprietary Material. All rights, title and interest in and to all aspects of Braybrooke and Paul’s Proprietary Material remain the exclusive property of Braybrooke and Paul.
Disclaimer of Warranties
Your use of this Site is at your sole risk unless otherwise explicitly stated. The contents and materials of this Site are “as is” and do not contain warranties of any kind, whether express or implied. Any warranties that access to this Site will be interrupted or error-free, that this Site will be secure or free of viruses or other harmful material, or that information on this Site will be complete, accurate or timely.
User Posted Material & Conduct
You warrant and agree that, while using this Site, you will not upload, post or transmit to or distribute or otherwise publish through this Site any materials which: are unlawful, threatening, harassing or profane; restrict or inhibit any other person from using or enjoying this Site; encourage conduct that would constitute a criminal offense or lead to liability under the Law; contain a virus or other harmful components; contain advertising of any kind; or contain false or misleading information. Braybrooke and Paul reserves the right to restrict access to this Site or any feature or part thereof at any time without notice. If asked, Braybrooke and Paul will fully cooperate with any law enforcement authorities or court order requesting or directing Braybrooke and Paul to reveal or disclose the identity of, or locate anyone transmitting any such content.
If you post content or submit material on this Site, unless otherwise indicated you agree to grant Braybrooke and Paul and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Braybrooke and Paul and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Site's policies and will not cause injury to any person or entity; and that you will indemnify Braybrooke and Paul or its affiliates for all claims resulting from content you supply. Braybrooke and Paul has the right but not the obligation to monitor and edit or remove any activity or content. Braybrooke and Paul takes no responsibility and assumes no liability for any content posted by you or any third party.
Limitation of Liability
You agree that under no circumstances shall Braybrooke and Paul or any of its officers, directors, employees, agents or related third party suppliers be liable to you for any damages, harm or injury whatsoever arising from or relating to the use of or inability to use this Site and its content, materials and functions, whether based on warranty, contract or tort. To the extent that any jurisdictions do not allow the limitation or exclusion of liability for gross negligence or willful intent or incidental or consequential damages, some of the aforementioned limitations may not apply to certain users.
Third Party Links
Where this Site contains third party advertising and referral buttons or hyperlinks to third party websites, these are provided solely as a convenience to you and are not in any way recommendations or endorsements by Braybrooke and Paul or any of its officers, directors, employees or agents. Braybrooke and Paul will not be held responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Indemnification
You agree to indemnify Braybrooke and Paul, its officers, directors, employees and agents without limitation from all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses arising from or relating to your use of this Site, content you transmit to this Site, your violation of any rights of another or your breach of the Terms of Use in any way.
Termination
These Terms of Use constitute a binding agreement between you and Braybrooke and Paul until the point of termination. Braybrooke and Paul further reserves the right to, at its sole discretion and without notice, to restrict or terminate your access to this Site or any feature or part thereof at any time.
Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflicts of laws or provisions. If you access this Site from outside this jurisdiction, you do so at your own risk and are responsible for compliance with the laws of the country, territory or constituency from which you are located. These Terms of Use constitute the entire agreement between you and Braybrooke and Paul and supersede all prior agreements between the parties, regarding the subject matter herein. In the event that any provision of the Terms of Use is deemed by a Court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue to be applicable in full effect.
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