Terms of Use

Terms of Use & Disclaimer for mambo-tutorials.com

Welcome to our Web Site. By using our site, you are agreeing to comply with and be bound by the following Terms of Use ("ToU"). Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

Overview

All software, documentation, images, graphics, information and/or other materials ("Content") provided on and through this Web Site may be used solely in accordance with this ToU agreement. In consideration of your use of this Web Site, you represent that you are of legal age to form a binding contract, are not a minor under the age of 13 years, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

This Agreement constitutes the entire and only agreement between Axian Ltd, trading as Mambo Tutorials, ("Axian", "us" or "we"), the owner of this site, and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Web Site, products or services (collectively, "Services") and/or Content provided by or through this Web Site, and the subject matter of this ToU. By using this Web Site you signify your agreement to these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these ToU at any time without specific notice to you. By accessing or using this Web Site you agree to be bound by the Terms and Conditions of the ToU at the time of your access or use. We may update the ToU without notice to you, and you are responsible for checking the most current version of the ToU and our Privacy Policy.

Information on this Web Site is not promised or guaranteed to be correct, current, or complete, and this Web Site may contain technical inaccuracies or typographical errors. Axian assumes no responsibility (and expressly disclaims responsibility) for updating this Web Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any Content, Services, or other matters described in this Web Site.

Not Transferable

Your right to use the Web Site, Content, or Services is not transferable or assignable.

Privacy and Protection of Personally Identifiable Information

Please see the Privacy Policy for disclosures pertaining to the collection and use of personal information. The Privacy Policy constitutes a part of these ToU.

Limited Licence

You are granted a non-exclusive, non-transferable, revocable license to:

• access and use the Web Site strictly in accordance with this ToU;
• use this Web Site solely for internal, personal, non-commercial purposes; and
• print out discrete information from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

No print out or electronic version of any part of the Web Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of this Web Site and any Content therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the Limited Licence above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of this Web Site or any Content retrieved there from; (b) use this Web Site or any materials obtained from this Web Site to develop, or use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content from this Web Site; (d) use any Content from this Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Mambo Tutorials or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in this Web Site; (f) make any portion of this Web Site available through any time-sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine this Web Site's architecture; (h) use any automatic or manual process to harvest information from this Web Site; (i) use this Web Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use this Web Site in a manner that violates any country, state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export this Web Site or any portion thereof, or any software available on or through this Web Site, in violation of the export control laws or regulations of the United States.

Copyright

All content included on this Web Site, such as text, photographs, logos, graphics and scripts, is the property of either Axian or its content suppliers or partners and is protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Axian and protected by New Zealand and international copyright laws.

No part of this Web Site may be reproduced or transmitted in any form or by any means without the written permission of the copyright holder. Permission is granted for redistribution by hard copy or e-mail for NON-COMMERCIAL purposes, of text only on condition that you attribute the source and provide a link to the original content. Permission is also granted for the distribution of RSS feeds from this Web Site where feeds are displayed without alteration. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Axian requests voluntary reporting of all use, derivative creation, and other alteration of this work.
All requests for the use of copyright material on this site should be made by contacting us through the contact form on this Web Site.

Trademarks

All trademarks, service marks and logos used on this Web Site are the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to you.

Axian® and the Axian logos are registered trademarks of Axian Ltd in New Zealand and other countries.
Mambo® is a registered trademark of the Mambo Foundation in Australia and other countries.
The Mambo logos are registered trademarks of the Mambo Foundation in Australia and other countries.

Software

Any software that is made available to download from the Downloads area ("Software") is the copyrighted work of Axian and/or third party developers and contributors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").

Templates

Any themes or templates that are made available to download from the Templates area ("Templates") is the copyrighted work of Axian and/or third party developers and contributors. Use of the Templates is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Templates.

Content

You are and shall remain solely responsible for Content submitted and/or posted under your user name or otherwise by you in any form on this Web Site and for the consequences of submitting and posting same. By posting Content you warrant and represent that you own or otherwise control all of the rights to your Content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.

You agree not to use this Web Site to post or distribute Content that is unlawful, threatening, libellous, defamatory, obscene, harmful to minors, racist, profane, false, misleading, or infringing a third party's intellectual or privacy rights. You acknowledge that the use of Content posted in any Service is at your own risk.

We reserve the right, but disclaim any obligation or responsibility, to review user contributed Content and to remove any materials from this Web Site in our sole discretion where we consider (a) that the contributed Content violates these ToU and/or (b) to comply with any subpoena, court order, or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Web Site in violation of the law.

Third Party Content

This site provides links to external, Third Party sites as a convenience to you. Such links do not constitute endorsements by Mambo Tutorials. This site has no control over the content of linked sites and makes no warranties or representations about Third Party sites.

This site also carries advertising provided by Third Parties. The content of the advertising is not controlled by this Web Site. Such advertising does not imply any endorsement or support for the advertised content. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

Tutorials and articles may be contributed by Third Parties. Content provided by Third Parties does not necessarily represent the views of this Web Site.

Refund Policy

As we are offering non-tangible irrevocable goods and consulting services we do not issue refunds. All sales are final. Please make sure that you've carefully read all relevant documentation and familiarised yourself with our policies before purchasing. Contracted work may be subject to different Terms and Conditions.

Indemnity

You agree to hold harmless, defend and indemnify Axian, and its directors, affiliates, agents, employees, advertisers, successors, assignees, or partners, from and against any claim by a third party arising from or in any way related to your use of Mambo Tutorials Services, violation of these Terms of Use or any other actions connected with your use of this Web Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys' fees, of every kind and nature.

DISCLAIMER

All content, including files or any other materials or items provided through this Web Site are provided "AS IS" and "AS AVAILABLE", without warranty or conditions of any kind, including but not limited to, express or implied warranties, conditions of merchantability, fitness for a particular purpose, or non-infringement. Axian does not warrant, endorse, guarantee or assume responsibility for any content offered by a third party through the web site or any hyperlinked web site or featured in any banner or other advertising, and Mambo Tutorials will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products, services or information.

Axian does not warrant that this Web Site services will be timely, uninterrupted, or secure. Scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the web site.

TO THE FULLEST EXTENT PERMITTED BY LAW, AXIAN AND EACH OF ITS ADVERTISERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEB SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS WEB SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.

Axian reserves the right to change its warranty policy set forth herein, at any time, without notice and without liability to you or any other person.

LIMITATION OF LIABILITY

IN NO EVENT WILL AXIAN AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY CONTENT, INFORMATION, SOFTWARE, SERVICES, OR OTHER MATERIALS INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA, OR OTHER ECONOMIC LOSS EVEN IF AXIAN IS EXPRESSLY ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE PORTIONS OF THE ABOVE LIMITATION OR DISCLAIMER MAY NOT APPLY TO YOU.

Termination

We reserve the right to seek all remedies available at law and in equity for violations of these ToU including, but not limited to, the right to terminate your access to any or all of the Services.
Our rights under this Agreement shall survive any termination of this Agreement.

Jurisdiction

Except where otherwise stipulated, the laws of New Zealand shall be applied to the use of the Mambo Tutorials Web Site and Services and to the implementation of the ToU without giving effect to any principles of conflicts of laws.

Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Courts in Palmerston North, New Zealand in any and all disputes, controversies or differences arising out of and/or relating to your use of the Mambo Tutorials Web Site and/or Content, information, Software or Services.

Last Updated: 30 March 2008