Legal

TERMS & CONDITIONS

Please read through these terms & conditions (”the Terms”) carefully.

By accessing the BusinessButter.com website or by otherwise accessing any content, software, products or services available through the Sites (”the Content”), you are deemed to have entered into an agreement with BusinessButter.com and to have agreed to be bound by the Terms set out below. The Site is owned and operated by Jacqueline Denise Jones and Daniel Tobias Sargeant at 1/86 Kauri Road, Birkenhead, Auckland, New Zealand.

1. Intellectual Property Protection

The term “Intellectual Property Rights” means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.

All Intellectual Property Rights in the Content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of Jacqueline Jones and Daniel Sargeant. You may not use or reproduce any BusinessButter.com Intellectual Property, including any trademarks, registered or unregistered, (such as the “Risk” name and logo or other trade names appearing on the Sites) for any reason without written permission from Jacqueline Jones and Daniel Sargeant.

You agree to grant to BusinessButter.com a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to BusinessButter.com by all means and in any media now known or hereafter developed. You also grant to BusinessButter.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BusinessButter.com, Jacqueline Jones or Daniel Sargeant for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BusinessButter.com.

2. Use of BusinessButter.com Content

You may retrieve and display BusinessButter.com Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the site all copyright and other notices must be kept intact.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of BusinessButter.com may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Jacqueline Jones and Daniel Sargeant.

Any use of BusinessButter.com Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Jacqueline Jones and Daniel Sargeant, 1/86 Kauri Road, Auckland, New Zealand or by email to permission@businessbutter.com

3. Use of the Site

In connection with your use of the Site, you agree that you will not:

a) Transmit any message, information, data, text, software or images, or other content (”Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, an BusinessButter.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any BusinessButter.com product or service if you are not expressly authorized by such party to do so.

You assume total responsibility and risk for your use of the site and the internet. BusinessButter.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and BusinessButter.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. BusinessButter.com has no control over and accepts no responsibility whatsoever for such materials.

4. Licence Fee, Payment, and Transactions

Access to certain BusinessButter.com Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by BusinessButter.com. You are responsible for the payment of all charges associated with the use of the Site using your Username, Password or ID.

All refunds that relate to BusinessButter.com products or services are at the discretion of BusinessButter.com. Any product specific offers, conditions or terms are stated at the point of purchase for that product.

5. Terms and Termination

BusinessButter.com may, at its discretion, terminate or suspend individual or group access to all or part of the Site (including any right to access and use BusinessButter.com Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of BusinessButter.com provided in these Terms or by law.

6. Changes to the Site

BusinessButter.com reserves the right, in its discretion, to suspend, change, modify, add or remove portions of BusinessButter.com Content available on the Site at any time and to restrict the use and accessibility of the Site.

7. Registration, Passwords and Responsibilities

Some parts of the Site require registration. You are solely responsible for the confidentiality and use of and access to the BusinessButter.com Content and Site using your username, password or ID. You agree to immediately notify BusinessButter.com if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. BusinessButter.com reserves the right to monitor and record activity on the Site, including access to BusinessButter.com Content.

8. Privacy Policy

BusinessButter.com maintains a high level of privacy and security for your details. Click here to view our online Privacy Policy in full.

9. No Warranty, Disclaimer of Liability and Indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Site, BusinessButter.com makes no warranty, express or implied concerning the Content of the Site, which is provided “as is”. BusinessButter.com expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will BusinessButter.com, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if BusinessButter.com has been advised of the possibility that such damages may arise. BusinessButter.com does not guarantee the accuracy or timeliness of the Content appearing on the Site, or that the Site or related systems are free from viruses or other contaminating or destructive properties. In the event that BusinessButter.com incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.

10. Force Majeure

BusinessButter.com, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of BusinessButter.com Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Links To Third Party Websites

The Site may contain links and pointers to Internet sites maintained by third parties. BusinessButter.com does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by BusinessButter.com and/or its suppliers. You assume sole responsibility for use of third party links and pointers.

12. Miscellaneous

Changes to these Terms
BusinessButter.com may, at its discretion, change these Terms (including those relating to your use of the Site and/or the BusinessButter.com Content). When the Terms are changed, BusinessButter.com will notify you by email or by publishing details of those changes by including them in these Terms.

Rights of reply
If at any time you, or your organisation, have a complaint or comment to make about the Content featured within the Site they should contact the editor whose details can be found on the Contact Us page.

Advertising and Third Party Content
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. BusinessButter.com is not responsible for any third party content or error, omission or inaccuracy in any advertising material.

Invalid Provision
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, BusinessButter.com shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at BusinessButter.com’s discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in New Zealand.

13. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, New Zealand law. The parties irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the New Zealand courts.