Terms of Use

Welcome to SAGAMI (hereafter called as SAGAMI) Web Site (hereafter called as "Site"). Access to the Site and use of the Services provided by SAGAMI (hereafter called as "Services") are subject to the following terms and conditions (hereafter called as "Terms") which may be amended, changed or updated by SAGAMI from time to time without notice to you and all applicable laws and regulations in Australia or other countries, including the laws and regulations governing copyright and trademarks. By accessing the Services and the Site, you agree to be bound by these Terms as amended by SAGAMI from time to time.

SITE CONTENTS

All materials used and displayed on the Site (including but not limited to text, photographs, video, audio and graphics, music, logos, marks and other materials that appear on the Site) ("Contents") are owned by or licensed to SAGAMI and its proprietors and are protected by copyrights, trademarks, Services marks, and/or other proprietary laws of Australia or other countries ("the Intellectual Property Rights") and all present and future Intellectual Property Rights in and to the Contents shall at all times be the sole and exclusive property of SAGAMI. You agree that the use of the Contents on the Site is solely for personal and noncommercial (other than for the purchase of merchandise from the Site) purposes (the "Permitted Use") provided that no right, title or interest of any nature in the Contents downloaded or copied for the Permitted Use shall be transferred to you. You acknowledge that you have no ownership rights or license rights in and to, the Contents other than the limited right to utilize the Services for the Permitted Use in accordance with these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, store to construct a database of any kind for access by you or any third party, offer for or participate in the sale of, or exploit in any way, in whole or in part, the Contents on the Site without the written consent of SAGAMI.

COMMENTS, FEEDBACK, PHOTOS, POSTCARDS AND OTHER SUBMISSIONS FROM USERS

You agree that all comments, feedback, photos, postcards, suggestions, ideas, and other submissions in whatever form disclosed, submitted or offered to SAGAMI on or through the use of the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (the "Comments") shall be deemed not confidential. Such disclosure, submission or offer of the Comments shall constitute an assignment to SAGAMI of all Intellectual Property Rights in the Comments. SAGAMI shall thereafter own exclusively all the Intellectual Property Rights in the Comments and shall not be limited in any way in its use, commercial or otherwise, of the Comments. SAGAMI shall not be obliged to (1) maintain any of the Comments in confidence (except that SAGAMI shall not disclose your identity without your consent); (2) compensate you for the assignment of the Comments to SAGAMI; or (3) respond to any of the Comments.

You agree that no Comments submitted to the Site will violate any right of any third party, including the Intellectual Property Rights and the Comments will not contain libelous, unlawful, abusive or obscene material. You shall remain solely responsible for the content of any Comments you make. If any of the Comments is suspected to constitute copyright or other intellectual property rights infringement, SAGAMI reserves the right to require a written confirmation from you confirming that you are the owner of such rights or you are authorized to act on the owner's behalf.

You agree that SAGAMI may use and/or disclose information about your use of the Site in any manner that does not reveal your identity in promotional and marketing activities or product updates.

SAGAMI'S COMMUNICATIONS TO YOU

You agree that SAGAMI may send electronic mail to you for the purpose of advising you of changes or additions to the Site or to the Contents or for such other purpose(s) as SAGAMI deems appropriate. You may inform SAGAMI in writing if you do not wish to receive such communication from SAGAMI.

LINKS TO OTHER WEB SITES

SAGAMI may provide links to other sites or resources. SAGAMI shall not be responsible for the contents and services of such sites and resources that it is hyper-linked to. SAGAMI shall not be responsible for any content, advertising, products, or other materials on such sites or resources and shall not be responsible for any damage or loss caused by or in connection with the use of such sites or resources.

DUTY AND OBLIGATION TO NON-TARGET CLIENTS OR SURFERS

The site is ONLY intended for use and access by natural persons physically situated in Australia. All terms, conditions, details, warranties, indemnities, invitations, agreements, products, sale item, auction item, materials, advice or information or SAGAMI provided through or via the Internet, telephone communications, television or radio broadcasting, or any form of media or telecommunications are intended for natural persons physically situated in Australia. Please refer to the GOVERNING LAW below.

DISCLAIMER

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAGAMI 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 OF DATA OR OTHER INTANGIBLE LOSSES RELATED TO YOUR USE OF THE SITE, THE SERVICES AND PRODUCTS.

ALL ADVICE OR INFORMATION IN THE SITE IS FOR YOUR INFORMTION ONLY. PROFESSIONAL ADVICE OR OPINIONS MUST BE SOUGHT TO CLARIFY AND JUSTIFY ALL ADVICE OR INFORMATION PROVIDED IN THE SITE. SAGAMI DO NOT WARRANT OR INDEMNIFY THE ACCURACY OR RELIABILITY OF ALL ADVICE OR INFORMATION PROVIDED IN THE SITE.

INDEMNITY

You agree to defend, indemnify and hold SAGAMI harmless from and against all claims, damages, costs and expenses, including legal costs, arising from or related to (a) your use of the Site, the Services and the Products and (b) your submission or transmission of the Comments to SAGAMI.

TERMINATION

You agree that SAGAMI may at any time at its sole discretion terminate without giving reason your access to the Site and the provision of the Services and SAGAMI shall not be liable for any loss of any kind that you may suffer as a result of such termination.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to any conflict of law provisions. You irrevocably agree that the courts of Australia shall have exclusive jurisdiction in relation to any claim or dispute concerning this Agreement.