1. Protected Content. This includes all content such as, but not limited to, software programs, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, animation and electronic documents (“Material”).
2. Third Party Content. As a part of the Services provided to other parties, Material in which Saxum Commerce Pty Ltd ("Saxum") does not claim ownership of any intellectual property, will be published by Third Parties in the Saxum website, www.saxumcommerce.com (“Site”). The respective Third Party retains ownership of such Material under their own terms and conditions but would none the less be protected under the same minimum terms expressed in this document and would be included under the definition of Material. Nothing on the Site or in this Agreement shall be construed as granting You any Intellectual Property Rights.
3. Restrictions. Copyright and other intellectual property laws protect the Site and Material provided to You, and You agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Saxum, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site or Material in whole or in part. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of any software or security components of the Site or of the Material (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site or Material to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Saxum or where applicable, a Third Party, retains ownership of all its rights in the Site and Material, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Saxum intellectual property.
4. Use Of Trademarks, Logos, etc. Should you be entitled to use any Trademarks, Logos or other brand Material, the use of these would be the subject of a separate agreement. Should you require to use any such Trademarks, Logos or other brand Material, please contact the legal counsel of Saxum as noted below.
5. Disputes. As a regular part of our business, Saxum displays advertisements and product listings from a wide variety of companies. Saxum is not in a position to arbitrate disputes between the owners of intellectual property rights and companies who advertise or list their products on our sites.
As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site. We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products on our site to resolve their disputes directly with that company.
If you believe that your intellectual property rights have been violated by Saxum or by a third party who has included Material on our sites, please provide the following information to the Saxum designated contact listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- An address, a telephone number, and an e-mail address where Saxum can contact you and, if different, an e-mail address where the alleged infringing party, if not Saxum, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
- Your electronic or physical signature.
6. Removal of Material. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
If your materials have been removed based on the complaints of another party Saxum will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.
7. Forwarding Requests. You may forward your questions, requests, comments and dispute information to:
PO Box 7301