Terms and Conditions

These Terms and Conditions govern your access to and use of the HardLink administration website (the “Site”), the HardLink platform (the “Platform”) and any services and/or software provided through the Site, the Platform or by Contrast Media (the “Services”). These Terms and Conditions limit Contrast Media’s liability and obligations to you, grant Contrast Media certain rights and allow Contrast Media to change, suspend or terminate your access to and use of the Site, the Platform and/or Services. Your access to and use of the Site, the Platform and/or Services are expressly conditioned on your compliance with these Terms and Conditions. By accessing or using the Site, the Platform and/or Services you agree to be bound by these Terms and Conditions.

You understand that by checking the ‘I have read and accept the terms and conditions’ checkbox and clicking the ‘create my account’ button, by using the Site, Platform and/or Services you are agreeing to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions in their entirety, you may not access or use the Site, Platform or Services. If you agree to these Terms and Conditions on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and Conditions and your agreement to these Terms and Conditions will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.

Contrast Media reserves the right, at any time, to change or impose fees for access to and use of the Site, Platform and/or Services.

Targets

Each Campaign Item within the Platform has at least one target URL (the “Targets”)

Targets must:

• not point at a URL that delivers content which:

(i) is false or misleading;
(ii) is defamatory;
(iii) invades another’s privacy;
(iv) is obscene, pornographic, or offensive;
(v) promotes bigotry, racism, hatred or harm against any individual or group;
(vi) infringes another’s rights, including any intellectual property rights; or
(vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

• not point at age-restricted content unless the end user is first forced to go through an age-check process

Sub-leasing

You may not sub-lease your HardLink account to any other party

Passwords

You are responsible for safeguarding the password and/or secret keys that you use to access the Site, Platform and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Contrast Media of any unauthorized use of your password.

Free trial

A free 6-week trial period on the Platform is offered by Contrast Media. During this period a reasonable use policy applies. If Contrast Media deems your usage of the Platform as being outside normal reasonable patterns then you will be warned to alter your behaviour or your access to the Site, the Platform, and the Services may be revoked.

You may only obtain a single free trial period.

At the end of the trial period you must choose to either:

• become a paying client or
• terminate your usage of the Site, the Platform and the Services

Should you choose to terminate your usage of the Site, the Platform and the Services, the following will occur:

• your HardLink account will be disabled meaning that you will not be able to log into the Site
• any Mobile Tags you have generated using the Platform will direct end users to a HardLink ‘Inactive Tag’ page. Contrast Media reserves the right to alter the content on the ‘Inactive Tag’ page at any time

Support

As a paying or free trial client you may request support from Contrast Media by emailing support@contrastmedia.co.nz. Contrast Media will respond within 8 business hours – business hours are normal working hours in Auckland, New Zealand excluding New Zealand’s national holidays and Auckland’s regional holidays.

Your Responsibilities

You acknowledge and agree that you should not rely on the Site, Platform and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Platform or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Platform and/or Services.

Your Use of the Services

Contrast Media grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Platform and Services subject to the restrictions set forth in these Terms and Conditions.

General Prohibitions

You agree not to do any of the following while using the Site, Platform or Services:

Access, tamper with, or use non-public areas of the Site, Contrast Media’s computer systems, or the technical delivery systems of Contrast Media’s providers;

Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search the Site, Platform or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Contrast Media or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Platform or Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Platform; or plant malware on Contrast Media’s computer system, those systems of Contrast Media’s providers, or otherwise use the Site, Platform or Services to attempt to distribute malware; or

Impersonate or misrepresent your affiliation with any person or entity.

Termination

If you violate any of these Terms and Conditions, your permission to use the Site, Platform and Services will automatically terminate. Contrast Media reserves the right to revoke your access to and use of the Site, Platform and Services at any time, with or without cause, and with or without notice. Contrast Media also reserves the right to cease providing or to change the Site, Platform or Services at any time and without notice.

Contrast Media reserves the right to terminate Free Accounts at any time, with or without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Platform and Services is at your own risk. Contrast Media will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Platform or Services.

The Site, Platform and Services are available “as-is”

The Site, Platform and Services are provided “as is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Contrast Media explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement and any warranties arising out of course of dealing or usage of trade. You acknowledge that use of the Site, Platform and Services may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data to unintended third parties.

Contrast Media makes no warranty that the Site, Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Contrast Media makes no warranty regarding the quality of any products, services, or information purchased or obtained through the Site, Platform or Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Site, Platform or Services.

No advice or information, whether oral or written, obtained from Contrast Media or through the Site, Platform or Services, will create any warranty not expressly made herein.

Indemnity

You agree to defend, indemnify, and hold Contrast Media, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Platform and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.

Limitation of Liability

In no event will Contrast Media be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the Site, Platform and/or Services, or for any error or defect in the Site, Platform or Services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Contrast Media has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Contrast Media is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Contrast Media will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the Site, Platform or through the Services, or if your data is lost, corrupted or exposed to unintended third parties.

Severability

In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.

Waiver

The failure of Contrast Media to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

Entire Agreement

These Terms and Conditions are the entire and exclusive agreement between Contrast Media and you regarding the Site, Platform and Services, and these Terms and Conditions supersede and replace any prior agreements between Contrast Media and you regarding the Site, Platform and Services.