By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You acknowledge and understand that some or all of the materials on the Website and Service may be objectionable to you. You acknowledge that you are aware that some of the materials may be objectionable to you, you authorize receipt of the same, and that you are not objecting to such materials, and that you access the Website and Service freely, voluntarily, and willingly, and for your own personal enjoyment. You also agree that you will not provide any email address or personal identifying information unless you are 18 years of age or older.
This Agreement will remain in full force and effect while you use the Website and while we retain any data provided by you. Operator may terminate your use for any reason, effective upon sending notice to you at the email address you initially provide or such other email address as you may later provide to Operator. Even after this Agreement is terminated, its provisions, other than this section 2, will remain in effect.
3. Non Commercial Use by Visitors
The Website is for the personal use of individual Visitors only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service or the Website for any purpose. You are prohibited from accessing or using the Website for illegal or commercial purposes, including but not limited to, collecting usernames and/or email addresses of Visitors by electronic or other means for the purpose of marketing or sending unsolicited commercial email or electronic messages. Unauthorized framing of or linking to the Website is prohibited.
4. Proprietary Rights in Content on Operator
Operator owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Operator, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Email and Electronic Communications Authorization and Use
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We are NOT a non profit organization and thus it is likely that your donations will not be tax deductible in your jurisdiction and we make no representations and warranties regarding tax treatment. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the total donation amount may be reserved against the donor’s available credit card limit. The Website will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent donor’s accounts. Contact your credit card issuing financial institution for details.
8. Disclaimer and Limitation of Liability Regarding Interactions Between Visitors
You are solely responsible for your interactions with other Visitors. You understand that Operator does not in any way monitor the activity of its Visitors either offline or online. Nor does Operator screen or interview its Visitors, nor does Operator inquire into the backgrounds of its Visitors or attempt to verify the accuracy or statements made by Visitors. Operator makes no representations or warranties as to the conduct of Visitors or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Visitors to the Service. You should not divulge personal or financial information to strangers.
In the event that you have a dispute with one or more Visitors or those who have viewed and/or used information on the Operator site, you release Operator , including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In no event shall Operator be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your use of the Site or the conduct or anyone else's conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Visitors or persons you meet or come into contact with through this Website or Service or from information provided using the Website or Service.
Operator does not guarantee, at any time, that the website will be fully operational all the time. Visitors may face periodic service interruptions or lost data. Please note that the Website and Services are an entertainment service.
Operator is not responsible for the conduct, whether online or offline, of any user of the Website or the Service. Operator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Visitor communications. Operator is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Visitors or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Operator be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service, any Content posted on the Website or transmitted to Visitors, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Operator expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Operator cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Operator be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Operator has been advised of the possibility of such damages.
12. Consumer Guarantees Act
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
13. Governing Law and Venue
This Agreement shall be construed, interpreted and enforced in accordance with the laws of New Zealand without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising out of or related to this Agreement, which are unable to be resolved informally, shall be resolved by binding arbitration in Auckland, New Zealand, in English, according to the Arbitration Act 1996 (New Zealand). The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof.
You agree to indemnify, pay defense costs, and hold Operator, its subsidiaries, affiliates, officers, agents, service providers, insurers, attorneys, partners, employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website, contains the entire agreement between you and Operator regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.