The following terms and conditions govern all use of the SeniorNet Kapiti Inc. website and all content, services and products available at or through the website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SeniorNet Kapiti Inc. acceptance is expressly limited to these terms.
- Responsibility of Contributors. If youoperate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow anythird party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible forthe content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in questionconstitutes text, graphics, an audio file, or computer software. By making Content available, you represent andwarrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any other party;
- if you do not have rights to the intellectual property you create, you have either (i) received permission from another party to post or make available the Content, including but not limited to any software, or (ii) secured from another party a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog entry is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog entry is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SeniorNet Kapiti Inc. or otherwise.
By submitting Content to SeniorNet Kapiti Inc. for inclusion on our Website, you grant SeniorNet Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog. If you delete Content, SeniorNet Kapiti Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SeniorNet Kapiti Inc. has the right (though not the obligation) to, in SeniorNet Kapiti Inc.’s sole discretion (i) refuse or remove any content that, in SeniorNet Kapiti Inc.’s reasonable opinion, violates any SeniorNet Kapiti Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SeniorNet Kapiti Inc.’s sole discretion.
- Responsibility of Website Visitors. SeniorNet Kapiti Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SeniorNet Kapiti Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that may be considered offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SeniorNet Kapiti Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SeniorNet Kapiti Inc. or WordPress.com links, and that link to WordPress.com. SeniorNet Kapiti Inc.does not have any control over those non- SeniorNet Kapiti Inc. or WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non- SeniorNet Kapiti Inc. or WordPress website or webpage, SeniorNet Kapiti Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SeniorNet Kapiti Inc. disclaims any responsibility for any harm resulting from your use of non- SeniorNet Kapiti Inc. or WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As SeniorNet Kapiti Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SeniorNet Kapiti Inc. or WordPress.com violates your copyright, you are encouraged to notify SeniorNet Kapiti Inc. SeniorNet Kapiti Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SeniorNet Kapiti Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SeniorNet Kapiti Inc. or others.
- Intellectual Property. This Agreement does not transfer from SeniorNet Kapiti Inc. to you any SeniorNet Kapiti Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SeniorNet Kapiti Inc.. SeniorNet Kapiti Inc., WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of SeniorNet Kapiti Inc. or Automattic’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SeniorNet Kapiti Inc. or third-party trademarks.
- Advertisements. SeniorNet Kapiti Inc. reserves the right to display advertisements on your blog.
- Changes. SeniorNet Kapiti Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
- Indemnification. You agree to indemnify and hold harmless SeniorNet Kapiti Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between SeniorNet Kapiti Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SeniorNet Kapiti Inc., or by the posting by SeniorNet Kapiti Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, and the proper venue for any disputes arising out of or relating to any of the same will be law courts located in Wellington, New Zealand. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SeniorNet Kapiti Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.