These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site.
By accessing and using the Site, you agree to be bound, without limitation, to these Terms and Conditions in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS – PLEASE IMMEDIATELY LEAVE THIS SITE
OWNERSHIP OF CONTENT
The Site is owned and operated by The Rusty Garden. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, is owned by The Rusty Garden. All elements of The Rusty Garden websites, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted by applicable copyright laws or under this or another agreement with The Rusty Garden, no portion or element of the Site or its Content may be copied, reproduced in any form or retransmitted via any means and the Site, its content and all related rights shall remain the exclusive property of The Rusty Garden unless otherwise expressly agreed.
COPYRIGHT & TRADEMARKS
All copyright featured or displayed on the Site is owned by The Rusty Garden. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screen-savers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by The Rusty Garden. The Rusty Garden does not transfer title to the Software to you. You own the medium on which the Software is recorded, but The Rusty Garden retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks and trade names of The Rusty Garden used herein (including but not limited to the word mark “The Rusty Garden”) are trademarks or registered trademarks of The Rusty Garden, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify The Rusty Garden trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without The Rusty Garden prior written consent. The use of The Rusty Garden trademarks on any other website or network computer environment, for example the storage or reproduction of
(a part of) the Site in any external internet site or the creation of links, hypertext, links or deep-links between the Site and any other internet site, is prohibited without the express written consent of The Rusty Garden.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND EXCEPT TO THE EXTENT REQUIRED BY LAW, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
THE RUSTY GARDEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT REQUIRED BY LAW,THE RUSTY GARDEN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE RUSTY GARDEN RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHERE CONDITIONS AND WARRANTIES IMPLIED BY APPLICABLE LAW CANNOT BE EXCLUDED,THE RUSTY GARDEN LIMITS ITS LIABILITY WHERE AND TO THE EXTENT IT IS ENTITLED TO DO SO. OTHERWISE, NEITHER THE RUSTY GARDEN, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IFTHE RUSTY GARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
LINKS TO THIRD PARTIES
MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit, any infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
The Rusty Garden maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to The Rusty Garden. You should therefore not post any Materials on the Site or send these to The Rusty Garden by e-mail or otherwise.
How you can contact us
If you have any questions or comments about the Site or any of our services, please email us: Hello@TheRustyGarden.com.au
Changes to the terms
Applicable Law and Jurisdiction
These Terms and Conditions shall be exclusively governed by the laws of Australia. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.