Access Agreement for www.boats.co.nz
THIS AGREEMENT “Agreement” is entered into by and between www.boats.co.nz and any individual, corporation, association, agency, company, or other entity who accesses or uses the www.boats.co.nz (the “User” or “you”).
1. User Rights and Responsibilities
1.1 Access to the www.boats.co.nz.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the www.boats.co.nz and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the www.boats.co.nz.
1.2 User Conduct.
You agree to access and use the www.boats.co.nz only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the www.boats.co.nz, including any Interactive Area, (ii) the use of any networks or other services connected to the www.boats.co.nz, and (iii) the communications means by which you connect your modem, computer, or other equipment to the www.boats.co.nz. By accessing the www.boats.co.nz, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.(4) post or transmit any information, software or other material which contains a virus or other harmful component;(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the www.boats.co.nz;(6) disrupt the normal flow of communication in an Interactive Area;(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 www.boats.co.nz content.
(a) You acknowledge that Content on the www.boats.co.nz is generally provided by the www.boats.co.nz, individual contributors of Content (“Contributors”), third party licensees, and/or other Users. You acknowledge that the www.boats.co.nz permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the www.boats.co.nz owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the www.boats.co.nz only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the www.boats.co.nz, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the www.boats.co.nz the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the www.boats.co.nz to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the www.boats.co.nz may include various interactive areas (“Interactive Areas”), including but not limited to classified ads. These Interactive Areas allow feedback to the www.boats.co.nz and real-time interaction between users. You further understand that the www.boats.co.nz does not control the messages, information, or files delivered to such Interactive Areas and that the www.boats.co.nz may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the www.boats.co.nz, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the www.boats.co.nz cannot, and does not intend to, screen communications in advance. Moreover, because the www.boats.co.nz encourages open and candid communication in the Interactive Areas, the www.boats.co.nz cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The www.boats.co.nz is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the www.boats.co.nz has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the www.boats.co.nz may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The www.boats.co.nz reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written www.boats.co.nz policy in effect at that time, (ii) be harmful to the rights of any User, the www.boats.co.nz, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the www.boats.co.nz in operating the www.boats.co.nz, or any change in Content, is for you to discontinue accessing the www.boats.co.nz. The www.boats.co.nz may terminate or temporarily suspend your access to all or any part of the www.boats.co.nz, without notice, for conduct that the www.boats.co.nz believes is a violation of this Agreement or any policies or guidelines posted by the www.boats.co.nz, or for other conduct which the www.boats.co.nz believes, in its sole discretion, is harmful to the www.boats.co.nz or other Users. The www.boats.co.nz may discontinue operating the www.boats.co.nz and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the www.boats.co.nz, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the www.boats.co.nz, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the www.boats.co.nz, neither the www.boats.co.nz, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the www.boats.co.nz. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the www.boats.co.nz or controlled by the www.boats.co.nz. The www.boats.co.nz neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the www.boats.co.nz, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the www.boats.co.nz, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the www.boats.co.nz or your inability to access the Internet or any site linked to or from the www.boats.co.nz.
You agree to indemnify and hold the www.boats.co.nz, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the www.boats.co.nz or any Internet site linked to or from the www.boats.co.nz, or in connection with the transmission of any Content on the www.boats.co.nz.
This Agreement comprises the entire agreement between the www.boats.co.nz and you, and supersedes any prior agreements with respect to the subject matter herein. The www.boats.co.nz may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the www.boats.co.nz. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the www.boats.co.nz. Your continued accessing and use of the www.boats.co.nz following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the www.boats.co.nz to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the www.boats.co.nz, excluding its conflict of laws rules, and you and the www.boats.co.nz each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the www.boats.co.nz have been done strictly for clarification and identification and does not constitute endorsement by the www.boats.co.nz of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the www.boats.co.nz by such trademark, service mark or link owner.