Unless otherwise stated, Raine Storm Softworks Limited and/or its licensors own the intellectual property rights to the Software and material managed or stored by the Software. Subject to the license below, all these intellectual property rights are reserved.

License to use the Software

You may view, download for caching purposes only, and print pages or documents from the Software for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• Republish material from the Software.
• Sell, rent or sub-license material from the Software.
• Show any material from the Software in public.
• Reproduce, duplicate, copy or otherwise exploit material on the Software for a commercial purpose.
• Edit or otherwise modify any material from the Software.
• redistribute material from the Software except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within the specified scope.

Acceptable use

You must not:

• Use the Software in any way that causes, or may cause, damage to the Software or impairment of the availability or accessibility of the Software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Use the Software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Software without Raine Storm Softworks Limited's express written consent.
• Use the Software to transmit or send unsolicited commercial communications.
• Use the Software for any purposes related to marketing without Raine Storm Softworks Limited's express written consent.

Restricted access

Access to certain areas of the Software is restricted. Raine Storm Softworks Limited reserves the right to restrict access to other areas of the Software, or indeed all of the Software, at Raine Storm Softworks Limited's discretion.

If you provide Raine Storm Softworks Limited with an email address and password to enable you to access restricted areas of the Software or other content or services, you must ensure that the password is kept confidential.

Raine Storm Softworks Limited may disable your email and password at Raine Storm Softworks Limited's sole discretion without notice or explanation.

User content

In these terms and conditions, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you provide to the Software, for whatever purpose.

You grant to Raine Storm Softworks Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Raine Storm Softworks Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Raine Storm Softworks Limited or a third party (in each case under any applicable law).

You must not provide any user content to the Software that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Raine Storm Softworks Limited reserves the right to edit or remove any material provided to the Software, or stored on Raine Storm Softworks Limited's servers, or hosted or published by the Software.

Notwithstanding Raine Storm Softworks Limited's rights under these terms and conditions in relation to user content, Raine Storm Softworks Limited does not undertake to monitor the provision of such content to, or the publication of such content by, the Software.

No warranties

The Software is provided 'as is' without any representations or warranties, express or implied. Raine Storm Softworks Limited makes no representations or warranties in relation to the Software or the information and materials provided by the Software.

Without prejudice to the generality of the foregoing paragraph, Raine Storm Softworks Limited does not warrant that:

• The Software will be constantly available, or available at all.
• The information provided by the Software is complete, true, accurate or non-misleading.

Nothing provided by the Software constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Raine Storm Softworks Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Software:

• To the extent that the Software is provided free-of-charge, for any direct loss.
• For any indirect, special or consequential loss.
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Raine Storm Softworks Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Raine Storm Softworks Limited's liability in respect of any:

• Death or personal injury caused by Raine Storm Softworks Limited's negligence.
• Fraud or fraudulent misrepresentation on the part of Raine Storm Softworks Limited.
• Matter which it would be illegal or unlawful for Raine Storm Softworks Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Software, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Software.

Other parties

You accept that, as a limited liability entity, Raine Storm Softworks Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Raine Storm Softworks Limited's officers or employees in respect of any losses you suffer in connection with the Software.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Raine Storm Softworks Limited's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Raine Storm Softworks Limited.

Unenforceable provisions

If any provision of the Software disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Software disclaimer.

Indemnity

You hereby indemnify Raine Storm Softworks Limited and undertake to keep Raine Storm Softworks Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Raine Storm Softworks Limited to a third party in settlement of a claim or dispute on the advice of Raine Storm Softworks Limited's legal advisers) incurred or suffered by Raine Storm Softworks Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Raine Storm Softworks Limited's other rights under these terms and conditions, if you breach these terms and conditions in any way, Raine Storm Softworks Limited may take such action as Raine Storm Softworks Limited deems appropriate to deal with the breach, including suspending your access to the Software, prohibiting you from accessing the Software, blocking computers using your IP address from accessing the Software, contacting your internet service provider to request that they block your access to the Software and/or bringing court proceedings against you.

Variation

Raine Storm Softworks Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Software from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Raine Storm Softworks Limited may transfer, sub-contract or otherwise deal with Raine Storm Softworks Limited's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with other terms of use published by the Software, constitute the entire agreement between you and Raine Storm Softworks Limited in relation to your use of the Software, and supersede all previous agreements in respect of your use of the Software.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

Registrations and authorisations

Raine Storm Softworks Limited is registered with the New Zealand Companies Office. The company number is 5079121. If you with to contact Raine Storm Softworks Limited, please do so via the contact page.

Last updated: 2022-11-16 15:38:30