Site Use

Important Legal Information

Overview:

The following rules and regulations apply to all visitors to or users of the Vixxen Web Site, the home page of which is at www.vixxen.co.nz. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Vixxen at any time and posted on this Web site. In the event of a violation of these rules and regulations, Vixxen reserves the right to seek all remedies available by law and in equity.

Limited License:

Vixxen Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other New Zealand and international laws and treaties. All Materials are provided by Vixxen as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Vixxen Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Vixxen may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Vixxen.

Trademarks:

Vixxen and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Vixxen Ltd and are protected by New Zealand and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Vixxen Web Site. Your misuse of the trademarks displayed on the Vixxen Web Site is strictly prohibited. You are also advised that Vixxen will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Vixxen Web Site. None of such links should be deemed to imply that Vixxen endorses the Third Party Sites or any content therein.

Vixxen does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Vixxen will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

Vixxen has a no tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Vixxen web page is prohibited absent express written permission from Vixxen. Framing, inline linking or other association of the Vixxen Web site or its Materials with links, advertisements and/or other information not originating from the Vixxen web site is expressly prohibited.

Disclaimer of Warranty:

Access to Vixxen Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Vixxen reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

Vixxen controls this Web Site from its offices within New Zealand. Vixxen does not imply that the materials published on this Web Site are appropriate for use outside of New Zealand. If you access this Web Site from outside of New Zealand, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of New Zealand, without giving effect to its conflict of laws provisions.

Your Communications:

Vixxen shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Vixxen through the Web Site shall be subject to the Web Site’s Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL VIXXEN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF VIXXEN IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions:

Vixxen may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Vixxen also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Vixxen may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

Competitions:

The following stipulates Basic Competition Rules for any competition. Each competition may have its own special restrictions/qualifications, in which case an Addendum to these rules will be featured.
  1. Employees of Vixxen Ltd, its advertising agencies, their affiliates, representatives and their families or households are ineligible to enter/win any competition(s) promoted on Vixxen.co.nz.
  2. All Vixxen competitions are open to any website visitor unless otherwise specified by Vixxen Ltd and its affiliates.
  3. Only one (1) qualifier. The decision of Vixxen Ltd is final.
  4. All prizes, unless otherwise specified, will be sent to the winners home address.
  5. All unclaimed prizes after one month from date of being given away will be forfeited, and a re draw may take place, all at the discretion of Vixxen Ltd.
  6. Vixxen Ltd may substitute another prize of equal value, due to unavailability of prizes.
  7. In the case of a dispute, the decision of Vixxen Ltd is final.
  8. All prizes can only be claimed by a person registered on the Vixxen.co.nz website, unless specifies otherwise. Proper identification may be requested (valid drivers license, passport etc may be used).
  9. Vixxen Ltd. is not responsible for defective prizes.
  10. Additions or deletions to these rules are subject to the discretion of Vixxen Ltd, and may be enacted at any time.
  11. Winners under the age of 18 must have approval of a parent or guardian to register for a competition.
  12. Vixxen Ltd., its agencies, affiliates, sponsors or representatives absolve themselves of any liability, financial or otherwise, resultant of any competition staged through its website vixxen.co.nz.
  13. All competition entries and information collected in doing so become the property of Vixxen Ltd. Personal details will not be sold and are soley for the use by Vixxen Ltd. for promotional purposes.
  14. All contestants acknowledge, as a condition of entry, that Vixxen Ltd has the right to publicize and/or broadcast his/her name and all matters incidental herein.
  15. All prizes are not transferable, void where prohibited by law.
  16. Winners understand and agree that they are responsible for any/all taxes incurred on prizes received. 
    In the event a winner chooses not to accept a prize, they forfeit any and all claims to the prize which can then be awarded to a competition runner up at the time at the discretion of Vixxen Ltd.