Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies:
Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “ANZWEBHOSTS Content”), are the proprietary property of the ANZWEBHOSTS or the ANZWEBHOSTS’s licencors. ANZWEBHOSTS Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ANZWEBHOSTS Content. Any use of ANZWEBHOSTS Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ANZWEBHOSTS Content. All rights to use ANZWEBHOSTS Content that are not expressly granted in this Agreement are reserved by the ANZWEBHOSTS and the ANZWEBHOSTS’s licencors.
You agree to indemnify, defend and hold harmless ANZWEBHOSTS, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to
The terms of this section shall survive any termination of this Agreement.
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
No failure or delay by you or the ANZWEBHOSTS to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ANZWEBHOSTS. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.