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You may be asked to provide certain registration details, such as name, date of birth, e-mail address or other information to access the Website or to access some of the resources on this Website. You agree that all of the information you provide on this Website will be correct, truthful, current, and complete. Providing misleading information about your identity is forbidden. If the Operator believes that the information you provide is not correct, current, or complete, or is false or misleading, the Operator has the right to refuse, suspend or terminate your access to this Website or any of its resources and to suspend or terminate your account at any time.
The license granted herein confers no title or ownership in the Website and should not be construed as a sale or transfer or assignment of any rights to the Website or any part thereof or any content available on or by means of the Website. All rights, titles and interests in and to the Website and all parts and sections thereof including without limitation any and all computer code, technology, site engine, themes, objects, logos, artwork, menu items, user interface, embedded services, functionality and other materials and content are owned by the Operator and/or its licensors.
The Website enables you to upload and share via the Website textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be or may be made available to all users of the Website.
When you submit (or attempt to submit) your User Submissions on or by means of the Website, as consideration for your use of this Website, you automatically grant to the Operator and its affiliates, for the full term of protection of the exclusive right in and to the relevant User Submission, an irrevocable, worldwide, unconditional, unrestricted, unencumbered, fully-paid, royalty-free, transferable, assignable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license to make available to the general public over the Internet and any other telecommunications network, including wireless networks, publicly display, publicly perform, distribute, store, transcode, host, cache, maintain, broadcast, cable-cast, webcast, reproduce, edit, modify, delete, create derivative works of any type, and/or otherwise use your User Submissions (or any portions or derivative works thereof), associated with your name, in any manner, medium, form or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in the Operator’s (or its authorized designees’/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. You hereby expressly agree that the Operator may, and you hereby grant to the Operator your express consent to, use any of your User Submissions within the scope of rights granted by you under the license above with or without designating your name as the author or right holder of the relevant User Submission, or anonymously, at the Operator’s sole discretion. The license granted by you herein shall survive until expiration of the full term of protection of the exclusive right in and to the relevant User Submission under applicable law in accordance with its terms regardless of whether you stop using the Website or the Operator terminates your access to the Website or your account for any reason whatsoever.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and that the Operator and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Website may be similar or the same as your User Submissions. Because of the viral nature of social media that is this Website, you should not submit any content or information via the Website or directly to the Operator that you do not want to be viewed, made available to the general public, and "shared" or otherwise distributed to or by third parties, including but not limited to the Operator, its affiliates and other users of this Website. In connection with all of the User Submissions you submit to the Website, and any other activities that you conduct on or by means of the Website, you represent, warrant and covenant the following:
The Operator reserves the right to report any unlawful or illegal User Submission to the relevant third parties, such as law enforcement agencies and intellectual property holders, and the Operator shall block access and remove any User Submission reported by law enforcement agencies or intellectual property holders.
The Operator is not responsible for any loss, theft or damage of any kind to any User Submissions.
If the Website does not enable you to remove or delete certain submissions and you wish to have any of your User Submissions removed or deleted from the Website, e-mail your removal/deletion request to firstname.lastname@example.org. The User Submission will be removed from the Website within a reasonable period of time. Nonetheless, a User Submission that has been removed may still be available to third parties who previously acquired the link to that User Submission and the Operator may maintain copies of User Submissions for archival purposes.
The Operator reserves the right to display advertisements in connection with your User Submissions. The Operator may use your User Submissions to advertise and promote your User Submissions or the Website (in whole or in part) or any of the Operator’s products or other Websites subject to your consent. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Website.
You hereby agree that you are expressly prohibited to, and are prohibited to allow any third party to perform, any of the following actions, and any actions similar in nature or intent thereto:
If you believe that any content appearing on the Website your intellectual property rights or intellectual property rights of third parties that you may be representing, please send the following information in writing at email@example.com:
Certain information made available to Website’s users or otherwise distributed via the Website may be classified as advertising under applicable law. You hereby grant your express consent to view and receive advertising materials and information made available to Website’s users or otherwise distributed via the Website, notwithstanding the origin of the advertisement and of the advertising entity or person.
You may terminate your access and use of the Website if you no longer wish to use the Website by purging your account information and permanently deleting your account at any moment.
Your use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with the Website is strictly prohibited. If you become involved in any violation of system security, the Operator reserves the right to release your details to system administrators at other sites, including sites not directly related to the Website and/or operated by the Operator or any of its affiliates in order to assist them in resolving or preventing security incidents.
In addition to the foregoing, The Operator may need to comply with lawful interception and/or data retention requirements imposed by your country of residence or any other country in which you use the Website. The Operator may restrict access to any part of the Website or terminate your access to the Website, at any time in its sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.
The Website may contain hyperlinks or references to other sites that are not maintained by, or related to, the Operator or its affiliates and over whom the Operator has no control. The Operator may provide such hyperlinks or references to other sites as a convenience to users, and such sites are not and shall not be viewed as sponsored or endorsed by or affiliated with the Website or the Operator. The Operator has not reviewed the content of such sites and is not responsible for the contents of any of those sites. The Operator makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this Website, specifically disclaims any and all responsibility and liability for any content, software, functionality, websites or advertised products available via third-party websites or other Internet or mobile resources, and shall have no liability for any damages or injuries of any kind arising from the content or information of such sites, including any damages or injuries suffered from infringement of third-party intellectual property rights. All users access any hyperlinks at their own risk. A hyperlink to any third-party Website does not imply endorsement or recommendation by the Operator of that Website or the content or information contained therein, and you agree that you access and use such third-party websites at your sole risk. Upon accessing any such site, you must review and agree to the rules of use of the relevant site before using the site.
Furthermore, third-party content and websites may be terminated or interrupted at any time, and the Operator makes no representation or warranty that any content or website will remain available for any period of time, and the Operator expressly disclaims any responsibility or liability for any interruption or suspension of any third party content or website. The Operator is, and may not be held, neither responsible nor liable for customer services related to third party sites. Any question or request for customer services relating to third party sites should be made directly to the relevant site’s operator.
Your use of the Website may be or may become subject to fees being charged. Any fees that may be charged by the Operator will be announced separately in connection with the Website.
Use of the Website may involve transmission of data through your Internet or mobile provider’s network. Your Internet or mobile provider may charge you for such data transmission. You may also incur additional third party fees in connection with your use of the Website, such as paying fees for playing certain games available on the Website. The Operator assumes no responsibility for your payment of any such charges to third parties.
You may be offered to unlock certain functionality of the Website for a fee, such as specific inter-Website currency available for use on the Website or in connection with the services it offers. All such fees shall be announced separately in connection with the Website, and you understand that you pay any such fees at your own discretion.
Other than as expressly permitted under the Terms, or as required by law, any fees that may be charged by the Operator in connection with the Website are non-exchangeable and non-refundable. All fees, unless specifically noted otherwise, shall be exclusive of VAT, goods tax, sales and use, or similar taxes.
The Website may not be available in some countries and may be provided only in selected languages. The Website may be network dependent. The Operator reserves the right, in its sole discretion, to change, improve and correct the Website. The Website may not be available during maintenance breaks and other times. The Operator may decide to discontinue the Website or any part thereof in its sole discretion and at any given moment. The Operator does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction, and does not represent or warrant that your access to the Website will be error-free, virus-free, uninterrupted, and that the Website servers will be up permanently.
You may not access, download, or use this Website or any of its Content in violation of the export laws and regulations of any jurisdiction.
All of the product names, trade names, slogans, logos, and other trademarks and service marks appearing on this Website are the property of the Operator, its affiliates, or selected third parties unless otherwise noted. The Operator and designated third parties retain any and all rights in these designations, and you may not use any of these designations except for the sole purpose of properly identifying products, services or websites, including the Website, as originating from the Operator. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, the Operator without the Operator’s prior written consent. The use or misuse of these designations or any other similar materials is prohibited and may be in violation of applicable international, national, state or federal law.
You understand and agree that you have no interest, monetary or otherwise, in any feature, functionality or content contained on the Website or in any of the services available via the Website, including without limitation any Website-exclusive items or inter-Website currency. You may not purchase, sell or trade any Website-exclusive items or inter-Website currency for anything of value in the real world.
You hereby agree that the Operator is entitled to enforce its intellectual property rights to the fullest extent of the law in case of any violation of its intellectual property rights by you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. THE WEBSITE, AND ANY PORTION OR SECTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES AVAILABLE TO YOU VIA THE WEBSITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED UNDER ANY APPLICABLE LAWS, NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY OTHER INTERNET OR MOBILE RESOURCES LINKED TO THE WEBSITE. THE OPERATOR RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO CHANGE, MODIFY, ADD, REMOVE OR DISABLE ACCESS TO ANY PORTION OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED UNDER ANY AND ALL APPLICABLE LAWS, IN NO EVENT WILL THE OPERATOR, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE THE WEBSITE OR ANY PART OR PORTION THEREOF, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE WEBSITE.
You agree to defend, indemnify and hold the Operator, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, authorized designees, successors, assigns and contractors harmless from and against, and reimburse to the Operator or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees resulting from or arising out of:
The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Operator in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
This Website and its contents are intended to comply with applicable laws and regulations of New Zealand. Although the information on this Website may accessible to users outside of New Zealand, the information on the Website pertaining to the Operator is intended for use only by residents of New Zealand. Other countries may have laws, regulatory requirements and business practices that differ from those New Zealand. This Website may link to other sites produced by the Operator’s operating divisions and subsidiaries, some of which are located or hosted or intended to be accessed and used outside New Zealand. Those sites may have information that is appropriate only to that particular originating country. The Operator reserves the right to limit provision of the Website to any person, geographic region or jurisdiction. Any offer for any product or service made on this Website is void where prohibited.
The failure of the Operator to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. To the maximum extent allowed under any applicable laws you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms must be filed within 1 (One) year after any such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of the Operator.
You must supply all necessary facilities, utilities and equipment necessary to access and use the Website, including but not limited to appropriate computer and/or mobile equipment and Internet connections, at your sole risk and expense.
In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any comments or questions concerning your access and/or use of the Website, please contact the Operator using the following contact details:
Operator address: Suite 5009, 24B Moorefield Rd, Johnsonville, Wellington 6037, New Zealand
For general questions: firstname.lastname@example.org
Legal department (abuse team): email@example.com
Legal department (for claims of infringement): firstname.lastname@example.org
Legal department (general): email@example.com
Tech support: firstname.lastname@example.org