Terms & Conditions

USE OF THIS SITE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE.

IF YOU ARE UNDER LEGAL AGE, OR ARE NOT PERMITTED BY LAW TO ENTER INTO CONTRACTS (I.E. DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO CONTRACTS) DO NOT USE THIS SITE WITHOUT THE CONSENT OF YOUR PARENTS OR LEGAL GUARDIANS.

Materials, Services and Use Thereof of Erscom International Services.

Erscom International Services (hereafter called "Erscom”) own and or control (hereafter called the “Site”). At no cost to you, Erscom is permitting you, as the user, to search, browse, access information, purchase goods or services at Erscom through the World Wide Web, for your personal use.

You agree that the Site carries material, including, but not limited to, images, drawings, photographs, text, video, sounds and music, (the “Material”) which is owned by Erscom, its affiliated companies or their licensors. You understand and agree that all the Material is subject to and protected by copyrights, trademarks, and other proprietary (including intellectual property) rights of Erscom, its affiliates or licensors. You agree that your access to the Material in no way grants you any right whatsoever in the Material nor does it convey to you any right to use the Material other than as specifically set forth in this agreement.

Except as specifically set forth herein, applicable copyright, trademark and other intellectual property laws govern your use of the Material. You agree that the proprietary rights are valid and protected in all media as it now exists or as it may later be developed. In addition to the foregoing, but not in limitation thereof, you agree that you will not alter, disassemble, create derivative works from, redistribute, sell, convey, reproduce, copy, reverse engineer, or in any other way affect or alter the Material. You agree not to convert the Material to a perceptible form. You agree to use the Material in its original form for its originally intended use and purpose. You further agree not to display or incorporate any image shown on the Site in any other web site or any other means of publication without the prior written consent of Erscom, which shall be given at its absolute and sole discretion.

You further agree that you will not use the service provided by the Site for:

a) illegal, immoral, abusive, libellous, obscene, pornographic, hurtful, annoying, privacy invading, harassing or offensive purposes; or

b) the transmission of “spam”, junk mail, chain letters or mass mailings; or

c) the conveyance of illegal, immoral, abusive, libelous, obscene, pornographic, hurtful, annoying, privacy invading, harassing, offensive, or otherwise objectionable material of any kind, as may be determined by Erscom at its sole and absolute discretion; or

d) the invasion of anyone’s right of privacy; or

e) the transmission of any material which violates local, regional, national, state or international law or regulation; or

f) the transmission of any material which violates the rights of any Person, as defined below, including, but not limited to, the intellectual property rights of a Person.

You agree:

a) that if a person, persons, business, corporation, partnership or other entity, (a “Person”) requests that you not send Material to them from Erscom, you will immediately cease and desist from sending Material to that Person from the Site; and

b) not to use the Site or the Material for illegal, immoral or objectionable purposes, as Erscom may determine at its sole and absolute discretion; and

c) to comply with all local, regional, state, national and international laws and regulations, including, but not limited to, laws and regulations regarding the transmission of technical data exported from the New Zealand; and

d) not to attempt to gain access to the computer system, servers or networks connected with the Site without the prior written consent of Erscom which shall be given at its sole and absolute discretion; and

e) to comply with all the terms and conditions set forth in this agreement and with all requirements, polices, procedures, regulations, instructions of the Site, the servers and the networks connected to the Site; and

f) not to affect, disrupt, or in any way interfere with the Site, its servers or networks; and

g) not to use the Site or the Material for commercial purposes, including, but not limited to soliciting customers or selling merchandise or services, without the consent of Erscom which shall be given at its sole and absolute discretion; and

h) not to send Material to a Person on mailing lists that you do not have the rights to use nor send Material to Persons with whom you are not acquainted; and

i) to provide accurate, complete and correct information where required.

In furtherance of the foregoing, but not in limitation thereof, you agree that images of people, animals, places or otherwise, displayed on the Site are the property of Erscom, its affiliates or licensors. The use of these images by you or anyone authorized by you is prohibited except to the extent specifically set forth in this agreement. Any unauthorized use of the images may violate the law, including, but not limited to, copyright, trademarks and other intellectual property laws and laws of privacy and communication.

Disclaimer of Warranties

YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE MATERIAL AT THE SITE IS PROVIDED ON AN “AS IS” “WHERE IS” “AS AVAILABLE” BASIS AND IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Erscom DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Erscom MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR SERVICES OF EXTERNAL SITES, ADVERTISED ON, LINKED TO FROM, OR SHOWN ON THE SITE'S WEB PAGES OR ON THE WEB PAGES OF ANY EXTERNAL SITE. YOU AGREE AND ACKNOWLEDGE THAT USE OR PURCHASE OF ANY PRODUCT OR SERVICE SHOWN OR ADVERTISED ON THIS SITE OR ON AN EXTERNAL SITE IS DONE AT YOUR ELECTION AND THAT YOU ASSUME ALL RISK WITH REGARD TO SAME. ACCORDINGLY, YOU AGREE TO BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE OR DESTRUCTION RESULTING FROM THE PURCHASE OR USE OF ANY SUCH PRODUCT OR SERVICE OR FROM THE RELIANCE OF ANY ADVERTISEMENT, WARRANTY OR REPRESENTATION SET FORTH IN RELATION TO THAT PRODUCT OR SERVICE, WHETHER SUCH ADVERTISEMENT, WARRANTY OR REPRESENTATION APPEARS ON WEB PAGES OF  THE SITE OR ON THE WEB PAGES OF AN EXTERNAL SITE. YOU AGREE TO LOOK SOLELY TO THE VENDOR OF SUCH PRODUCT OR SERVICE FOR COMPENSATION OR DAMAGES, AND TO THE REPRESENTATIONS AND WARRANTIES OFFERED BY SUCH VENDOR, IN THIS CASE TO THE EXTERNAL SITE, AND SHALL IN NO WAY LOOK TO Erscom FOR COMPENSATION OR DAMAGES.

Erscom MAKES NO WARRANTY OR REPRESENTATION THAT FUNCTIONS CONTAINED IN THE MATERIAL SENT THROUGH THE SITE OR THE SERVICES PROVIDED BY THE SITE SHALL BE ERROR FREE, UNINTERRUPTED, TIMELY OR SECURE, OR THAT THE DEFECTS WILL BE CORRECTED. Erscom MAKES NO REPRESENTATION REGARDING THE RESULTS OF THE USE OF THE MATERIAL ON THE SITE IN RELATION TO ITS ACCURACY, RELIABILITY OR OTHERWISE AND YOU ASSUME ALL COST AND EXPENSE IN CONNECTION WITH ALL REQUIRED REPAIR, CORRECTION AND REPLACEMENT.

Requested Submissions for Publication

From time to time, Erscom will post a request for a Submission from its web audience. Unless, Erscom has entered into a written agreement varying the terms of this provision, you agree that by providing Erscom with a Submission, you warrant and represent that you are the owner of that work and that you are not violating any copyright law. You further agree that Erscom has a nonexclusive, perpetual, worldwide, royalty free license to publish, transmit, reproduce, broadcast and post any Submission you transmit to the Site by email or otherwise, which is directly solicited by Erscom in writing,  at no cost to Erscom, and such Submission shall be deemed as non-confidential. In furtherance, but not in limitation of the foregoing,  any Submission may be used by Erscom for any purpose, including, but not limited to, publication, transmission, reproduction, broadcast, posting and incorporating such Submission into any commercial or non-commercial product. Erscom shall have the nonexclusive right to freely use the Submission for whatever purpose it sees fit, commercial or otherwise. Such purposes include, but are not limited to, developing, manufacturing, and marketing products and merchandise based on the Submission, at no cost to Erscom.

Revision of Terms and Conditions

These Terms and Conditions are subject to modification by updating this posting. You are bound by such modifications. It is suggested that you occasionally review this section to understand the Terms and Conditions to which you are bound. Your continued use of the Site following the posting of these modifications will indicate your acceptance of such modified terms.

Disruption or Discontinuance of Service

Erscom reserves the right at any time to disrupt, interrupt, suspend and discontinue its services. You agree that Erscom will not be liable to you or any Person and specifically release Erscom from any liability or loss resulting, directly or indirectly from, any disruption, interruption, suspension or discontinuance of the service.

This paragraph survives expiration and termination of this agreement.

Termination of Agreement

This agreement may be terminated at any time by either party. You may terminate this agreement by destroying all Material obtained from the Site and all related documentation and copies thereof, whether or not made in compliance with this agreement. Erscom may terminate this agreement, without prior notice to you, if in Erscom's sole and absolute discretion, you have breached the terms of this agreement, in which event you agree to destroy all Material obtained from the Site and all other related documentation and copies thereof, whether or not made in compliance with the terms of the agreement. Notwithstanding the foregoing, all provisions of this agreement, which by their terms survive termination, and expiration of this agreement, including, but not limited to, provisions regarding indemnifications, exculpation, limitations of liability and warranties and releases, survive termination and expiration of this agreement. In furtherance of the foregoing, but not limitation thereof, all language contained in this agreement regarding indemnification, exculpation, limitation of liability and or warranties, and releases survives termination and expiration of this agreement, whether or not specifically stated and all provisions hereof, which by their terms must necessarily be performed after the termination or expiration of this agreement, survive expiration or termination of this agreement.

Exclusive Use

You understand and agree to the limits of your rights to use the Material and agree, in addition to all other restrictions set forth herein, you will not resell the services provided by the Site or any of the Material related to the Site.

Deletion of Messages And Images

Erscom reserves the right to delete stored messages and or images from time to time, or at any time, without prior notice to you or to any Person.

Correspondence

You understand and agree that neither Erscom nor its Associates are responsible and do not endorse the content of any correspondence and that they are not liable for and are released from any cause of action, claim, loss, injury, damages (whether incidental, special, consequential, direct, indirect, punitive or exemplary) liability, or penalty arising from any abusive, threatening, privacy invading, libelous, pornographic, obscene, harassing, unlawful, harmful, hurtful, objectionable, content, or material that infringes or may infringe on any Person’s, including you or your recipient’s, legal rights, including, but not limited to, rights in copyright, trademark and other intellectual property.

You further agree that Erscom or its servers will technically process the electronic communications as it may be required to send and transfer electronic correspondence, conform to the limitations of the Site and its servers, conform to technical requirements of all connecting networks and to conform to other technical requirements.

Erscom does not monitor, review, alter or edit the content of your or any other Person’s, including, but not limited to your recipient’s, communications, except you agree that Erscom may do so in the following situations: a) to comply with all applicable law; b) as required by law or legal process; c) to enforce the terms of this agreement; d) to protect and defend the rights and properties of Erscom; e) to respond to claims and allegations that such content violates the rights of any Person.

Miscellaneous Provision

If any of the terms of this agreement or the application thereof to any Person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this agreement or the application of such provision to Persons or circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.

You represent that you are of legal age and legally capable of entering into contracts and that there are no incapacities which prohibit you from entering into a legal contract. If you are not of legal age or do not have the legal capacity to enter into contracts, do not use the Site without the consent of your parents or legal guardian, as applicable. If you are under age or legally incapacitated to enter into contracts, your parents or legal guardians are bound to the terms of this agreement by their consent, explicit or implicit, of your use of the Erscom Site.

The failure or delay on the part of Erscom or its Associates to enforce or exercise at any time any of the provisions, rights, or remedies in this agreement or provided by applicable law shall not be construed to be a waiver thereof, nor in any way to affect the validity of this agreement, or any part thereof, or the right of Erscom or its Associates to thereafter enforce each and every such provision, right or remedy. No waiver of any breach of this agreement by Erscom or its Associates shall be held to be a waiver of any other or subsequent breach. Termination or expiration of this agreement will not prohibit Erscom or its beneficiaries from taking action against you for infractions and breaches of the agreement prior to such termination or expiration.

It is specifically intended that Erscom Associates are third party beneficiaries to this agreement and may take whatever legal action they deem necessary to enforce their rights hereunder.

The provisions of this agreement will be construed in the broadest manner to protect Erscom and its third party beneficiaries. The parties agree that if any provision of this agreement is capable of two constructions, one that would render the provision void and the other, which would render the provision valid, the provision shall have the meaning, which renders it valid.

Revisions To Terms and Conditions:

Additional To And In Place Thereof Of Any Prior Agreement:

Updated: Monday January 08, 2007

LINKS: If you request Erscom to place a free link to any site or sites, you must make said request in writing and with permission of the site or sites Webmaster or owner.

RECIPROCAL LINKS:  Said site or sites agree that a reciprocal link to Erscom will be placed on such a site or sites within 48 hours of Erscom agreeing to any such request. Once you have placed a link to us, advise us once link is active and we shall reciprocate. We will not reciprocate unless we see an active link to an Erscom site! Erscom reserves the right to remove any free material, web pages, web sites or hyperlinks at any time without prior notice.

FREE SITES: The providing of free sites may be terminated at our discretion without advance notification.