As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.
Intellectual Property Provisions
All content provided within or via this Site is protected by various Indian, New Zealand and specific international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Disclaimer Regarding Functionality
All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
Limited License for Personal Use
You are allowed to make one copy of the content of this Site by downloading such material to your personal computer. You may not reproduce any content provided by this Site. Your license to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last known email address or by posting of a general notice on this Site to all users. Your license terminated automatically upon your breach of any term or condition provided herein this Agreement. You may never use any of the content of this Site for a commercial enterprise or resell any content provided to you within this Site.
Termination of Service
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account should membership accounts be offered now or in the future. The following language of this section anticipates any accounts that we may establish now or in the future. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Prohibited Content and Conduct
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
- You may not:
- Engage in any conduct that is harmful to this Site.
- Violate the civil rights of any third party or entity.
- Engage in any conduct that is misleading or fraudulent in nature
- Cyberstalk or harass any third party or us.
- Violate any law of any nature.
- Engage in any conduct that we determine, in our sole discretion, to be harmful or improper.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third Party Sites
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. A “submission” might be fairly deemed as a “letter to the editor” type of contact that you send us, or a “suggestion” or “idea” that you send us.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the Nation of New Zealand excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New Zealand before a mutually agreed upon arbitration service provider. You agree to be subjected to the jurisdiction of the courts of New Zealand even if you reside in India or anywhere else in the world. If an arbitration service provider cannot be agreed upon, the courts of New Zealand has the authority to provide an arbitration service provider. In the event of a request to proceed to arbitration by either party, the parties must mutually agree upon an arbitration service provider within thirty days of the written request by either party or either party may petition a court of competent jurisdiction in New Zealand to appoint an arbitration service provider. The parties will cooperate with arbitrator. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief in a court of appropriate subject matter jurisdiction located in New Zealand Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection, or via posting of notice to a general audience of all users through posting on our website.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of New Zealand and International laws and regulations.