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Newsknife.com ("the Site") is an online service
operated by Industry Standard Computing Ltd and its affiliates ("we,
us, our"). By using the Site you agree to be bound by these
Terms and our directions from time to time pertaining to the access
and use of the Site. We may make changes to the Site, these Terms,
or the policies and conditions that govern the use of the Site at
any time. We encourage you to review the Site and these Terms periodically
for any updates or changes. Your continued access or use of the
Site shall be deemed to evidence your acceptance of updates and
changes.
Copyright and Intellectual Property Rights
You acknowledge that the content, organization, graphics, design,
compilation of, and other matters relating to, the Site (collectively
"Content") are or may be protected by copyright, trade
marks, or other proprietary rights, and that these rights may extend
to all forms of Internet technologies existing now or in the future.
You may not copy, modify, remove, delete, augment, publish, display,
upload, post, transmit, enter into a database, participate in the
transfer or sale of, create derivative works from, or otherwise
exploit, the Site or the Content, otherwise than for your personal
non-commercial use and in accordance with the intent of these Terms
or as permitted under New Zealand law. Your use of any software
Content will also be governed by any applicable software license
agreement(s). You agree not to infringe any such copyright or other
intellectual property rights.
Any material submitted by you to a public area of the Site will
be deemed to be subject to a royalty-free perpetual license for
us to use, modify, publish and distribute the material in any way
or form.
Copyright Complaints
If you believe your work has been copied and is accessible on the
Site in a way that constitutes copyright infringement, you may notify
us by providing our copyright agent the following information.
1. A description of the copyrighted work that you claim has been
infringed, including the URL (or web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
2. Identification of the URL or other specific location on the Site
where the material that you consider infringing is located;
3. Your address, telephone number, and email address;
4. 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;
5. 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 the copyright owner's behalf;
6. The remedy you wish us to implement followed by an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright interest.
Our agent for notice of claims of copyright infringement on the
Site can be reached as follows:
Service Marks
You acknowledge that Newsknife.com, and other identifying parts
of the Content are service marks, trade marks or trade names proprietary
to us. Other product, services and company names mentioned on or
accessed through the Site may be service marks or trade marks of
third parties. You must not use any such service or trade mark or
trade name unless authorized to do so.
Responsibility for Our Content
All information provided by us or any of our officers, directors,
employees, agents, members, third-party content providers, sponsors,
licensers, suppliers or the like (collectively referred to as our
"associates") under these Terms is provided in good faith.
You accept that any information provided on the Site is general
information, personal opinion, and is not in the nature of advice.
We and our associates derive our information from information in
the public domain or sources which we believe to be accurate and
up to date as at the date of publication. Nevertheless we and our
associates reserve the right to update or otherwise change this
information at any time.
This service is provided on an "as is" basis. We do not
make any representations or warranties that the information provided
is or will be up to date, reliable, accurate or complete or that
your access to the Site or the information will be uninterrupted,
timely or secure. We do not make any warranties or give any guarantees
except as expressly stated by us with respect to this Site or any
information or services provided through it.
Responsibility for Distributed Content
You acknowledge that to the extent we quote, summarize or otherwise
refer to or provide access to information, relevant sources, web
sites, other facilities or services obtained from stated sources
we are a distributor, not a publisher, of the relevant Content.
Any statements or opinions made in relation to or by those sources
or their representatives remain the responsibility of the person
making those statements and opinions which are not in any manner
endorsed by us. Responsibility for the publication, content, timeliness,
accuracy, completeness or reliability of the relevant statements
and opinions, access or continuing access to that Content, those
sources, web sites or other facilities or services, including hyperlinks
to or from those web sites and the content or privacy policies of
those sites, rests with the relevant web site owners, or providers
of those facilities or services.
We do not endorse the accuracy, completeness, timeliness or reliability
of any advice opinion, statement or other material or database displayed,
referred to or uploaded on or distributed through this Site or any
web site linked with this Site. Any dealings between you and any
of our associates or other party found on or through the Site are
solely between you and that party and you accept sole responsibility
for all such matters.
Disclaimers
To the extent permitted by law we do not accept responsibility for
and we exclude or limit our liability for any condition or warranty
which would otherwise be implied into these Terms, and any loss
or damage, howsoever caused (including, but not limited to, force
majeure, other failure of performance, viruses, negligence, or otherwise)
which you may directly or indirectly suffer in connection with your
use or purported use of the Site or any linked web site. Similarly,
we do not accept and we exclude any responsibility for any loss
arising out of your use of or reliance on information or other facilities
or web sites contained on or accessed through this Site.
Except to the extent inconsistent with any statutory provision
which we cannot contract out of, we or any of our associates shall
in no event be liable for any loss of profit, or direct, indirect,
special, punitive, incidental, or consequential damages (howsoever
arising).
Your Obligations
You agree to use the Site only for lawful purposes. Any conduct
by you that in our sole discretion restricts, inhibits or otherwise
adversely affects our interests or the interests of our associates
or the lawful rights of any other user of the Site will not be permitted.
Recognizing the global nature of the Internet, you agree to comply
with all local rules and laws including, without limitation, rules
and laws about the Internet, downloading of information, data, email
or privacy.
You are solely responsible for obtaining and maintaining all equipment
and software required to use our services through the Site.
You agree that you will not, without our prior written consent:
1. use any graphic or logo to access the Site (please
if required - any permission granted may, at our absolute discretion,
be withdrawn at any time without any obligation on our part to provide
notice or reasons);
2. frame the Site, place pop-up windows over its pages, or otherwise
affect the display of its pages except as permitted in these Terms.
You are responsible for all charges on any account you open related
to the Site. These charges may be incurred directly between you
and us or by an Internet payment facilitation organization or other
intermediate party acting on our joint behalf. We, or that other
party, reserve the right to terminate your account and Site usage
at any time.
Indemnity
You agree to indemnify and hold us, and any of our associates, harmless
from any claim or demand, including reasonable solicitor-client
costs, made by any third party due to or arising out of your connection
to or use of the Site, your violation of these Terms or your violation
of any of our rights or those of another person.
Each individual or entity referred to in these Terms shall have
the right to assert and enforce any provisions conferring or purporting
to confer a benefit on it against you on its own behalf.
Monitoring
We may elect at our discretion to electronically monitor areas of
the Site and to disclose any content, records, or electronic communication
of any kind:
1. to satisfy any law, regulation, or government request;
2. if such disclosure is necessary or appropriate to operate the
Site; or
3. to protect our rights or property or the rights of our associates
or other users.
Remedial Measures
If we become aware of or have reasonable grounds to suspect any
actual or alleged infringement of any applicable law, our interests,
these Terms, or the rights of a third party, we may investigate
and determine in our sole discretion what measures to take in respect
of the Site including, without limitation, the correction, or removal
of any infringing Content from the Site or the suspension or termination
of your access to the Site without notice.
Jurisdiction
We control the Site from our office within New Zealand. The laws
of New Zealand are applicable to the Site and its Content and, without
regard to any conflict of laws rules, the Courts of New Zealand
have exclusive jurisdiction.
We make no representation that the Content or any merchandise or
services referred to on the Site are appropriate or available for
access or use in other jurisdictions and if you choose to so access
or use the same from or in other jurisdictions, you do so at your
own initiative and risk. Any access or use thereof from or in any
jurisdiction otherwise than as permitted by any relevant local law
is prohibited.
General
Our failure to exercise or enforce any right or any provision of
these Terms shall not constitute a waiver of such right or provision.
If any provision or part provision of these Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intention as reflected in the provision and the other provisions
of these Terms remain in full force and effect. The section titles
in these Terms are for convenience only and have no legal or contractual
effect.
COPYRIGHT NOTICE Copyright © 2001 Industry Standard
Computing Ltd. All rights reserved. Any rights not expressly
granted herein are reserved. These Terms of Use were last updated
on December 31st 2001.
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