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website. By using CPDL, you (the "User") agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service, please do not use CPDL. We reserve the right to change, modify, add or remove portions of the Terms of Service at any time for any reason, without prior notice. If you continue to use CPDL after we have posted changes to the terms, it means you have accepted those terms. You can review the most current version of the Terms of Service at any time at: http://www.cpdl.net.nz/disclaimer.htm Service CPDL provides users with access to a wide range of on-line resources (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CPDL resources or Web sites, shall be subject to these Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. External Sites CPDL may contain hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for reference and convenience only. We do not control such Web sites, and are not responsible for their contents. Just because we have hyperlinks to such Web sites does not mean we endorse any of the material on such Web sites or have any association with their operators. The search technology provided on CPDL automatically produces search results that reference sites and information located worldwide throughout the Internet. Because we have no control over such sites and information, we make no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and we assume no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search on our sites may automatically and unintentionally generate links or references to objectionable material. We make no claim that such surprises might not occur. Member Conduct All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CPDL, are entirely responsible for all Content that you upload, post, email or otherwise transmit via CPDL. CPDL does not control the Content posted via CPDL and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using CPDL, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CPDL be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via CPDL. CPDL does not review, pre-screen or edit Content, but CPDL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via CPDL. Without limiting the foregoing, CPDL and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CPDL or submitted to CPDL, including without limitation information in CPDL. You agree to abide by all applicable local, state, national and international laws and regulations, and that you are solely responsible for all acts or omissions that occur in CPDL created by you. By using CPDL, you agree not to do any of the following: Engage in any illegal purpose or to upload, post, email or otherwise transmit any Content that is unlawful, harmful, vulgar, obscene, libelous, threatening, abusive, harm minors in any way; harassing (including but not limited to activity considered "stalking" or otherwise harassing to another), tortious, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, including but not limited to information you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Impersonate any person or entity, including, but not limited to, a CPDL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, nor forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through CPDL; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or interfere with or disrupt CPDL Clubs or servers or networks connected to CPDL, or disobey any requirements, procedures, policies or regulations of networks connected to CPDL or interfering with another user's use and enjoyment of CPDL; Attempt to get a password, account information, or other private information from a member, or harvest e-mail addresses or other information; Distributing Content that consists of hyperlinks to sites that contain content not allowed on CPDL. Termination You agree that CPDL, in its sole discretion, may terminate your account, CPDL Site, use of the Service or use of any other CPDL service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CPDL believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. CPDL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that CPDL may immediately deactivate or delete your CPDL Site and all related information and files in your CPDL Site and/or bar any further access to such files or the Service. Further, you agree that CPDL shall not be liable to you or any third party for any termination of your access to the Service. Copyrights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CPDL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. CPDL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CPDL for use in accessing the Service. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties. Anytime, with the exception of private e-mail, you upload to, distribute content, or publish through us, you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content. Disclaimer of Warranty YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF CPDL’S SERVICES OR ANY OF ITS PARTNER'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CPDL 'S OR ITS PARTNER'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, CPDL AND ITS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CPDL 'S SERVICES AND/OR ITS PARNER'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CPDL 'S SERVICES AND/OR ITS PARTNER'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CPDL 'S SERVICES AND/OR ITS PARTNER'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH CPDL 'S SERVICES AND/OR ITS PARTNER'S SERVICES THAT CPDL 'S SERVICES AND/OR ITS PARTNER'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. Limitation of Liability CPDL AND/OR ITS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE CPDL'S SERVICES OR ITS PARTNER'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CPDL'S SERVICES AND/OR ITS PARTNER'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF INDOLINK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity You agree to indemnify, defend and hold harmless CPDL, its Partners, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of our services or our partner's services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of CPDL's successors, assigns and licensees. General These Terms of Service will be governed by and construed in accordance with the laws of the government of New Zealand, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by CPDL. If you do not agree to the terms of service listed above, please do not register for or use any of our services and/or our partner's services. Download PDF |
