Terms of Use

These Terms of Use are valid and entirely in use for Silhouette and its affiliated organizations under the eyezah development group. Such organizations include BeatsTurning.com, eyezah.gq, and dicrack.gq. All terms are outlined here while we undergo maintinence on all other organization's sites.

Disclaimer

Silhouette is technically a hobbyist project undertaken by the eyezah development group. Although Silhouette attempts to function and perform as professionally as possible, it is not a company or official organization.

By using Silhouette you:

Agree to only use Silhouette for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access Silhouette.

You must not:

- use Silhouette directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;

- use Silhouette directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying Silhouette or which is false, misleading or deceptive in any way;

- submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;

- use Silhouette directly or indirectly, or use any service provided on Silhouette, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);

- attempt to gain unauthorised access to Silhouette or use another person's name, registration account or password;

- impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on Silhouette or falsely state or otherwise misrepresent your affiliation with a person or entity;

- knowingly provide registration information that is not truthful;

- tamper with, hinder the operation of or make unauthorised modifications to Silhouette;

- knowingly transmit any virus or other disabling feature to Silhouette;

- collect information about others, including email addresses, without their consent; or

- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for Silhouette.

Disclaimer and Limitation of liability

To the extent permitted by law, Silhouette and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Material, products or services, including products or services of any third party, that are made available via Silhouette.

Silhouette does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to Silhouette or any events, information, products or services ("Products") offered for sale or otherwise identified or provided by them. The availability of Material through Silhouette does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by Silhouette of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through Silhouette or referred to or advertised on Silhouette must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. Silhouette recommends that you independently verify the accuracy, currency or reliability of any Material made available via Silhouette and upon which you intend to rely.

Silhouette and Material available on it are provided on an "as is" basis. You understand that by using this Silhouette Network, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.

Silhouette makes no warranty that Silhouette will be free from viruses or any kind of malicious code whatsoever.

Linked Sites

Silhouette may contain links to external sites. Those sites are not part of Silhouette and, unless otherwise indicated, are not under Silhouette's control. No link appearing in Silhouette and no external sites linked to Silhouette is endorsed by Silhouette and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Silhouette against any liability arising out of your accessing any linked site.

Website Payments

If any credit card payments are made on Silhouette, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact us in accordance with the Silhouette Privacy Policy. To the extent permitted by law, Silhouette excludes all liability in relation to those payments and the services provided by that third party.

Placement and Removal of Material on Silhouette

We reserve the right (but have no obligation):

a. to decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate for Silhouette for any reason;

b. to establish general practices and limits concerning the uploading of Material to Silhouette or the level and amount of your use of Silhouette and that these practices and limits may be modified from time to time;

c. to monitor use of Silhouette by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.

You agree that Silhouette has no responsibility or liability for the deletion or failure to store any Material submitted by you to Silhouette.

By providing Material to Silhouette for posting or publishing on Silhouette, you:

a. authorise Silhouette to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of Silhouette and its customers and the public;

b. authorise Silhouette to edit, modify, amend or adapt or otherwise change your Material;

c. grant Silhouette a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or Silhouette receive payment for doing this;

d. waive all moral rights in your Material and consent to Silhouette doing anything which Silhouette (or anyone permitted by Silhouette) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes Silhouette using your Material without attributing you as the source of your Material;

e. warrant that you are the sole author or owner of the Material;

f. warrant that you have the right to grant the abovementioned licence;

g. agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such Material; and

h. agree to indemnify Silhouette and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Silhouette of your Material.

You acknowledge that our use of your Material may include licensing such Material to third parties and/or using such Material for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Material would require us to seek permission of a third party in order to use the Material as described in these Terms of Use. Not all submitted Material will be published. Publication is at the discretion of Silhouette.

Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in Silhouette and in the Material displayed or available through Silhouette belongs to Silhouette or its licensors.

You are provided access to Silhouette only for your personal use. Subject to applicable laws:

- unauthorised use of the Material is strictly prohibited and may infringe Silhouette's or its licensors IP Rights in the Material; and

- no content may be reproduced, published or transmitted in any manner without the prior written consent of Silhouette.

Without limiting the above, and subject to applicable law, you may not without prior written permission from Silhouette:

- archive the Material or any part of it;

- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;

- redistribute or republish the Material; or

- link to Silhouette including (without limitation) linking in any way which:

- frames Silhouette;

- replicates Silhouette; or

- misleads any person regarding any association with Silhouette or any association with Silhouette (whether implicitly or expressly).

Any music or content you deem unfit or illegal that is aired on Silhouette can be reported, requiring adequate identification as the owner of the content.

Technical Difficulties

You acknowledge that your use of Silhouette and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Silhouette and its service providers do not make any warranty that Silhouette or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Silhouette Network is not guaranteed for all software or hardware of users.

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold Silhouette and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of Silhouette or its use by any person on your behalf. For the purposes of this paragraph Silhouette Network includes any linked sites.

Privacy

You acknowledge that you have read and understood the terms of the Silhouette Privacy Policy available on this website. You agree that Silhouette may use and disclose information about you in accordance with the terms of the Silhouette Privacy Policy. You also agree to check the Silhouette Privacy Policy on a regular basis and to let Silhouette know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through Silhouette and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through Silhouette without the prior consent of that person.

Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

Benefit of Terms and Conditions

Silhouette holds the benefit of all rights conferred on Silhouette or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.

Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions

Definitions

In these Terms and Conditions:

Silhouette Network means all of the websites, mobile sites and Apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.

Us, we, our or Silhouette means Silhouette as an unofficial entity and the team at eyezah development group.