Last updated: 27 May 2019
1. The Maisie Service
Please read the Agreement carefully before accessing or using the Maisie Service. Your access or use of any part of the Maisie Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Maisie Service.
2. Intellectual Property
Maisie is the sole owner of all the intellectual property, and in particular the copyright, trademarks, trade secrets, database and patents, in the Maisie Service. Maisie shall retain all ownership in and to the Maisie Service and, subject to the Agreement, all data transferred or received through the Maisie Service.
You shall not use the Maisie Service or Maisie’s intellectual property except as specifically authorised under this Agreement. Without limiting the foregoing, except as expressly authorised by applicable law or this Agreement, you shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Maisie Service. In addition, you shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of Maisie, or take any other action which infringes or impairs Maisie’s trademark rights.
Any reproduction, redistribution or use of the Maisie Service not in accordance with the Agreement is expressly prohibited.
The Maisie Service allows you to upload or import your own images, product and customer data and other intellectual property (“Customer Provided Content”). By uploading or importing Customer Provided Content to the Website, you hereby grant to Maisie and its subsidiaries, agents, contractors, licensees and successors in business an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive licence to reproduce, distribute, modify, edit, display, adapt, create derivative works from the Customer Provided Content, for any commercial purposes, in any medium now existing or hereinafter developed, and may sub-license to a third party the same, and to use, or allow such third party to use, your name and likeness without your prior approval or the payment of any compensation.
Furthermore, you agree that by uploading or importing Customer Provided Content to the Website you hereby expressly permit Maisie, and any third party permitted by Maisie, to identify you as the contributor of such content. You represent and warrant that you have all of the foregoing rights in the intellectual property to grant to Maisie and its subsidiaries, agents, contractors, licensees and successors in business.
3. Maisie Account
You are required to create an account (“Maisie Account”) to use the Maisie Service. You must complete the registration process by providing us with current, complete and accurate information when creating a Maisie Account. You are responsible for any and all activities that occur under your Maisie Account.
4. Prohibited Uses
In addition to other prohibitions as set forth in the Agreement, you are prohibited from submitting Customer Provided Content or using the Maisie Service:
- to violate any international, federal, or local laws, regulations, rules, or ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- upload to, or transmit from, the Maisie Service any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious or destructive code;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Maisie Service or any related website or application, other website or application, or the Internet;
- to attempt to reverse engineer, de‑compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Maisie Service; or
- to access the Maisie Service in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Maisie Service.
5. Privacy and User Data
6. Monitoring of the Maisie Service
Maisie is under no obligation to monitor the Maisie Service. However, Maisie reserves the right to review any materials uploaded, imported or sent via the Maisie Service and to remove any materials in its sole discretion. Maisie does not control or endorse Customer Provided Content and specifically disclaims any liability with regard to such content, messages or information.
7. Disclaimer of Warranties and Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAISIE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
- MAISIE DOES NOT WARRANT THAT (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS AT YOUR OWN RISK.
- OCCASIONALLY THERE MAY BE INFORMATION AVAILABLE THROUGH THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY.
- WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE HAS BEEN MODIFIED OR UPDATED.
8. Third Party Applications
The Maisie Service uses third-party software applications, plug-ins, or other add-on online applications that integrate, interoperate, or interact with the Maisie Service (“Third Party Application”). If you choose to install, access, or enable a Third Party Application, you agree that the provider of the Third Party Application may acquire access to your Maisie Account data and information as required for the interoperation or integration of such Third Party Application. Third Party Applications are not considered part of the Maisie Service under the Agreement and are not maintained, monitored, tested, controlled, endorsed, provided, verified, validated, or reviewed by Maisie. Accordingly, such Third Party Applications are governed by their own terms and conditions and are not considered part of the Maisie Service under the Agreement. You assume full responsibility for any damages, losses, costs, or harms arising from the use of or inability to use such Third Party Applications. To the extent permitted by law, Maisie disclaims all liabilities with respect to your use of or inability to use such Third Party Applications and the performance or non-performance of such Third Party Applications (including direct, indirect, incidental, punitive, or consequential damages). Maisie has no obligation to monitor such Third Party Applications and does not control or endorse the content, messages, or information found in such Third Party Applications and specifically disclaims any liability with regard to such content, messages, or information. Maisie does not monitor or control such Third Party Applications’ service limitation, suspension, or termination of their services and specifically disclaims any liability with regard to such Third Party Applications’ service limitation, suspension, or termination. EXCEPT AS EXPRESSLY WARRANTED IN THE AGREEMENT, ALL THIRD PARTY APPLICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND MAISIE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH THIRD PARTY APPLICATIONS’ SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Governing Law
The Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria with respect to any dispute or claim arising out of or in connection with the Agreement or your use of the Maisie Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement and is hereby expressly excluded.
In the event that any provision of the Agreement is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from the Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we also may terminate the Agreement at any time without notice and accordingly may deny you access to the Maisie Service, your Maisie Account or any part thereof.
The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of the Agreement for all purposes.
12. Waiver and Entire Agreement
The failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The Agreement and any policies or operating rules incorporated into this Agreement or posted by us in respect to the Maisie Service constitutes the entire agreement and understanding between you and us, and govern your use of the Maisie Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).