The following are the terms and conditions that govern your use of this website.
Ownership of this Website
You are not entitled to duplicate, retransmit, create derivative works of, distribute, display or perform any portion or element of this website or the Content without the express permission of, in the case of the website, Platipus Crossing, and in the case of Content, the owner of that Content. This website, its Content and all related rights shall remain the exclusive property of Platipus Crossing or the respective owner thereof unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via this website may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
· Provide any information to Platipus Crossing that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
· Incorporate any Content in any advertising or promotional materials, or in materials, goods or services for which you receive fees or other consideration, whether directly or indirectly through barter, advertising, sponsorship or otherwise;
· Resell, license or otherwise distribute any Content, whether on a stand-alone basis, as derivative works, or incorporated into other works;
· Use any Content that contain recognizable persons, entities or business names in a manner that suggests their association with or endorsement of any product or service;
· Interfere with or disrupt (or attempt to interfere with or disrupt) this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
· Use any Content that contain products, trademarks, or service marks in a manner that suggests their association with any other products or services;
· remove or disable, or attempt to remove or disable, any proprietary notices or markings (including digital watermarks) that may be included with the images; or transfer or sublicense any of your rights under this license; or
· use any Content in a manner that is pornographic, defamatory, libelous, or otherwise unlawful
You shall indemnify Platipus Crossing and its subsidiaries, shareholders, directors, officers, affiliates, agents, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of this website or the Content and related rights.
Platipus Crossing respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact Platipus Crossing for notice of claims of copyright infringement via firstname.lastname@example.org, or at Platipus Crossing, LLC, P.O. Box 3494 Park City, UT 84060. You must provide us with the following information, which Platipus Crossing may then forward to the alleged infringer:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on this website that you believe infringes your work, with enough detail so that we may locate it on this website;
3. Provide your address, telephone number, and email address;
4. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, Platipus Crossing may remove content that you believe infringes your copyright. In addition, Platipus Crossing may terminate the account of the member who appears to be infringing your intellectual property rights.
Images and Third Party Content
Platipus Crossing is a distributor of images and other content supplied by third parties on this website. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Platipus Crossing or its affiliates, or any of its shareholders, officers, directors, employees or agents (the “Platipus Crossing Parties”). Neither the Platipus Crossing Parties nor any third party, including content providers, sponsors and licensors, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Platipus Crossing neither endorses, nor is responsible for the accuracy or reliability of, any opinion, advice or statement made on this website by anyone other than an authorized Platipus Crossing employee. Further, descriptions of and references to products do not imply endorsement of that product. Under no circumstances shall any of the Platipus Crossing Parties be liable for any loss or damage caused by a user’s relying on or being exposed to information obtained from or contained on this website. It is the responsibility of the user to evaluate the information, opinion, advice, or other content available through this website.
No Monitoring of Content
Platipus Crossing does not control the Content and does not have any obligation to monitor such content for any purpose. All Content provided by a user of this service is the sole responsibility of that user, not Platipus Crossing.
THIS WEBSITE, THE CONTENT AND ITEMS SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. PLATIPUS CROSSING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PLATIPUS CROSSING, NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR PROVISION OF, INABILITY TO USE, OR PERFORMANCE OF, THIS WEBSITE, PLATIPUS CROSSING’S SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, EVEN IF PLATIPUS CROSSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PLATIPUS CROSSING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Platipus Crossing uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Platipus Crossing website; however, these other websites are not controlled by Platipus Crossing and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Platipus Crossing regarding the inclusion of links to outside websites or your use of those websites.
Some US states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law, Venue, and Arbitration
This Agreement shall be interpreted, construed and governed by the laws of the State of Utah, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of Utah in Summit County. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Platipus Crossing shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Platipus Crossing, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
No Waiver, Severability