Rustoleum.com.au Terms of Use

Website Terms of Use

Rust-Oleum Australia Pty Ltd (“Company”) maintains this website located at https://www.rustoleum.com.au and its associated websites, webpages, content and other materials where these Website Terms of Use are linked (collectively the “Site”) to provide to users (also, “you”) information about Company, its industry and its products. Your access to and use of the Site is subject to these Website Terms of Use, our Privacy Policy, found at https://www.rustoleum.com.au/Legal/Privacy-Notice, and all applicable laws. By accessing the Site, you accept, without limitation or qualification, these Website Terms of Use and our Privacy Policy. You should review the most current version of the Website Terms of Use and the Privacy Policy often as they may be modified from time to time and the terms, as modified, shall govern your use of the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter and your continued use of the Site after we make changes is deemed to be acceptance of those changes. Any new features that augment or enhance the Site also will be subject to these Website Terms of Use and Privacy Policy.

Generally

You are free to browse the Site, to access company periodic e-newsletters, technical libraries, view product catalogue(s), submit questions, participate in any contests, promotions, surveys or other services and view any other information contained on the site. This and all other Company-approved material available on the Site is referred to as “Licensed Content.” You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Website Terms of Use and the Privacy Policy. Any other use of Licensed Content without Company’s prior written approval is strictly prohibited.

Product Information

While Company uses commercially reasonable efforts to provide accurate information, the industries of which Company is a part and the jurisdictions in which the company operates and the laws and regulations applicable to those industries and jurisdictions change frequently.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable law, including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993.

Product claims, availability, instructions, warnings and recommendations apply only to the country or region expressly stated. If the Site is directed to Australia or New Zealand and no country is stated, the claim should be understood as applying to Australia and/or New Zealand only where it is accurate and lawful to do so.

Submitted Content

If you choose to upload, post, distribute, submit or otherwise publish any content on or through the Site (“Submitted Content”), you represent and warrant that you are the sole and exclusive author and owner of such Submitted Content and all copyright, patent and patent rights, trademark, trade secret, right of publicity, right of privacy and other proprietary right (collectively, “IP Rights”) therein; that all Submitted Content is accurate; that neither the Submitted Content nor the use thereof will violate these Website Terms of Use, Company's Privacy Policy or any law or regulation; and that you are 18 years or older. To the extent permitted by law, you consent to acts or omissions by Rust-Oleum that may otherwise infringe your moral rights in Submitted Content. For the avoidance of doubt, you specifically agree that no Submitted Content will: be false, inaccurate, incomplete or misleading; infringe, misappropriate or otherwise violate any third party's IP Rights; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, bigoted, hateful, offensive to others based on race, religion, ethnicity, gender, sexual identification or orientation or unlawfully threatening or harassing to any individual or other party; have previously been sold, transferred, licensed or otherwise conveyed, in whole or in part, to you or by you to any third party for monetary or other consideration; or contain any malicious code, computer virus, malware or other computer program or file intended to damage, destroy or freeze other computer software, hardware or data or expose it to attack, destruction or disablement.

You grant to Company a non-exclusive, royalty-free, worldwide right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, distribute, publicly display and perform, sell and/or otherwise transfer, in whole or in part, Submitted Content and/or incorporate same into any form, medium or technology and to convey such right and license to any third party without compensation to you.

You acknowledge and agree that all Submitted Content may be used or disposed of at Company's sole discretion; that Company has the right to change, condense or delete any content on or accessible through the Site, including any Submitted Content; that Company is subject to no duty of confidentiality with respect to Submitted Content; and that you may not have any capacity, opportunity or recourse to edit, withdraw or delete any Submitted Content. If you provide your email address or other contact information in connection with or include same in any Submitted Content, you agree that Company and its service providers may use same to contact you with regard to such Submitted Content and for other purposes.

User Conduct

You are responsible for your communications and actions undertaken on or through the Site. Obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with Company or another is prohibited. You may not upload, post, distribute, submit or otherwise publish on or through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s intellectual property, privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site (including any Submitted Content), disclose proprietary or confidential information or otherwise infringe or violate another’s IP Rights. You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.

Any attempt to interfere with or disrupt the Site, its servers, networks, software used in connection with the Site (“Software”), equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.

You are solely responsible for your communications and your activities on the Site. Under no circumstances is or will Company be liable in any way for any such communications, your or another’s use of the Site, any Submitted Content or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of your use of the Site, any Submitted Content or any Licensed Content.

Modifications to Site

From time to time Company may change the Licensed Content, the services offered or terminated through the Site or expand the Site’s capability. Company also reserves the right at any time and from time to time to modify these Website Terms of Use, the Privacy Policy, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You are responsible for regularly reviewing these Website Terms of Use and the Privacy Policy. You agree that Company shall not be liable to you or to any third party for any such action.

Termination

Company, in its sole discretion, may suspend or terminate your access to or use of the Site, where we reasonably believe you have breached these Terms, misused the Site, created a legal or security risk or where suspension is reasonably necessary for operational, legal or security reasons.

Links

This Site may contain links to other internet websites or resources. When you click on or follow a link to those sites, you leave this Site. Company has no control over such sites, their content or resources or the business practices or policies of operators of such sites. Neither these Website Terms of Use nor Company’s Privacy Policy applies to the practices of any companies or individuals operating the linked sites.

Company’s Proprietary Rights

Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content, is protected by United States and international copyright laws, and may not be used except as provided in these Website Terms of Use without Company’s express written permission. The Site and its Software, the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Site (all of which are included in and comprise Licensed Content), are owned by Company or its suppliers or partners and protected by applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks used on the Site, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to Company, its subsidiaries and affiliates, or other third party owners who have granted Company the right and license to use their marks. You may not use or display the Marks in any manner without the prior written consent of Company or the respective owner, including use in or as meta tags or any other “hidden text.” Other Company product or service names, logos, graphics, page headers, button icons and scripts are Marks or trade dress of Company and may not be used in connection with any product or service that is not Company’s or in any manner which is likely to cause confusion in the marketplace or that disparages or discredits Company.

Notices & Procedures for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement on the Site should be sent to Company.

Company respects the intellectual property of others and asks its users and visitors to do the same. Company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable law, Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address and all other information reasonably sufficient to permit Company to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Legal Department

By Fax:
330-225-8743

By Email:
DataProtection@rpminc.com
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Company THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Company makes no representations or warranties about the accuracy or completeness of the Site, Licensed Content or information therein. Company does not target, and the Site is not intended for use by minors. Company will not contact minors about promotions or for marketing purposes without a parent’s permission nor will it ask for more personal information than is reasonably necessary to participate in a given activity. However, it does not filter ads or other material minors may view through the Site or linked sites, some of which may be inappropriate for minors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Company MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (v) THAT THE QUALITY OF THE SITE, WILL MEET YOUR EXPECTATIONSANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

Notice/Opt-Out Options

Notices to you may be provided via either email or regular mail. Company may also provide notices of changes to these Website Terms of Use or other matters by displaying notices or links to notices on the Site. Notice or other correspondence from you to Company should be sent by certified mail, return receipt requested to:

RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Webmaster

Should you wish to update your information or no longer receive communications from Company, please contact Company at DataProtection@rpminc.com.

These Website Terms of Use constitute the entire agreement between you and Company with regard to, and shall govern your activities and use of, the Site, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading or terms and contracts that may apply when you purchase products or services or use affiliate services, third party content or third party software.

Violations

Please report any violations of the Website Terms of Use or the Privacy Policy to DataProtection@rpminc.com. The Parties acknowledge that they have required that these Website Terms of Use be prepared and provided in English.

Privacy Rights

Further information regarding privacy law rights and compliance may be found with the Company’s Privacy Policy located at https://www.rustoleum.com.au/Legal/Privacy-Notice.