Terms and Conditions

RVM Australia Pty Ltd, who is the licensee for Criterion in Australia and New Zealand, operates this site. RVM Australia uses "cookie" technology to enhance your use and experience on this Site. The "cookie" files are sent to your digital device & identify you as a unique user & store your personal preferences & technical information. We use from time to time:

(a) Permanent "cookies" (these remain on your digital device until you delete them)

(b) Temporary "cookies" (these are only present during the current session and delete once the session is completed)

These files or "cookies" are a small source file/code that stores data about the site you are visiting as well as you as the visitor. These "cookies" aid in making the website and its functionality customisable to you as the user of this Site.

These "cookies" can also be used for security, muli-media content serving, advertising and analytics purposes.

If you do not accept RVM's use of "cookies" you can change your browser settings so that it does not accept cookies (please see the instructions on how to accomplish this in the help section of your browser). If you disable "cookies" in your browser certain parts of this site may not work or function as desired.

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, RVM Australia PTY LTD grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

There are a number of proprietary logos, service marks, and trademarks found on this Site. “Criterion”, the Criterion logo, are trademarks of CMP Distributors, and are used under license. Other proprietary logos, service marks, and trademarks are the property of RVM Australia PTY LTD or other owners. By making them available on this Site, RVM Australia PTY LTD is not granting you any license to utilize those proprietary logos, service marks, or trademarks.

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

This Site may have an area which allows you to “chat” or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.

You are prohibited from posting or transmitting any defamatory, libellous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although RVM Australia PTY LTD may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, RVM Australia PTY LTD is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. RVM Australia PTY LTD may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate RVM Australia PTY LTD’s policies in any way. RVM Australia PTY LTD will fully cooperate with any law enforcement authorities or court order requesting or directing RVM Australia PTY LTD to disclose the identity of anyone posting such materials.

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way RVM Australia PTY LTD uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by RVM Australia PTY LTD anywhere in the world, in any medium, forever. Furthermore, RVM Australia PTY LTD is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that RVM Australia PTY LTD is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to RVM Australia PTY LTD does not cause RVM Australia PTY LTD to have any special responsibility to you.

This website may contain links to other Internet sites on the World Wide Web. RVM Australia PTY LTD provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website does not mean that RVM Australia PTY LTD approves of, endorses, or recommends that website. RVM Australia PTY LTD disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

If you are under 16, you should ask your parents or a
guardian before you:

• E-mail the Site, or ask us to e-mail anything to you;
• Send in any information;
• Enter any contest or game that requires information about you or offers a prize;
• Join any club or group;
• Post any information on any bulletin board or enter any chatroom; or
• Buy anything online.

Criterion is continually improving and upgrading the
products and services it offers to its customers. Criterion reserves the right to modify, revise or discontinue products at any time without prior notice to customers. The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with RVM Australia PTY LTD for the availability of specific products and services in your area.

Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

RVM Australia PTY LTD may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. RVM Australia PTY LTD may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

You agree to indemnify, defend, and hold RVM Australia PTY LTD and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in RVM Australia PTY LTD’s defence of any claim. RVM Australia PTY LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of RVM Australia PTY LTD.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE
(INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, RVM AUSTRALIA PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES WORMS, OR ANY OTHER TYPE OF MALICIOUS PROGRAMMING CODE OR COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RVM AUSTRALIA PTY LTD’S NEGLIGENCE, SHALL RVM AUSTRALIA PTY LTD BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF RVM AUSTRALIA PTY LTD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RVM AUSTRALIA PTY LTD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between RVM Australia PTY LTD and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use, all matters or issues collateral thereto, shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia, applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use or the Site shall be filed only in the state or federal courts located in Western Australia. Further, your use of the Site constitutes express consent to the personal jurisdiction of such courts for the purposes of litigating any such action.