1.INTRODUCTION
1.
1.1 www.poosonthelawn.tk is a website portal located at the URL : http://www.oocities.org/poos_on_the_lawn ("the Site").
1.2 Your use of the Site is governed by the terms and conditions set
out below and as amended from time to time ("Terms of Use"). The
owners of the Site reserve the right to amend the Terms of Use at any time by
posting the amended terms to the Site without further notice to you.
1.3 Your use and continued use of the Site shall be deemed to
constitute your knowledge and acceptance of the Terms of Use. If you do not
agree to be bound by the Terms of Use, you should immediately cease all use of
the Site.
2. Use of the Site
2.1 The owners of the Site hereby grants you a non-exclusive,
non-transferable, limited right and license to access the Site for your
personal use only and otherwise in accordance with these Terms of Use.
2.2 You may make copies or "cache" pages of the Site, but
only unless specifically authorised by the owners of the Site. Any other
copying or use of the Site shall be an infringement of our copyright and shall
be prosecuted to the full extent permitted by law.
2.3 You may not copy, modify, adapt, transmit, publicly perform or
display, sell, distribute, publish, customize, add to, delete from, or create
derivative works of any part of the Site. Any other use or exploitation the
Site, other than as expressly authorised by the Terms of Use is strictly
prohibited.
2.4 You agree that you will not use any script, software or
mechanical device to access, monitor or copy the Site or interfere with the
normal functioning of the Site, unless specifically authorised by the owners of
the Site.
2.5 You will not engage in any conduct that restricts or inhibits
any other person from using or enjoying the Site. You agree to use the Site
only for lawful purposes. You warrant and promise that you are an individual
(e.g., not a corporation) and at least eighteen (12) years of age or have
specific permission from a parent or legal guardian to use the Site.
2.6 You are prohibited from posting on or transmitting through the
Site any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically or otherwise
objectionable material of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal offence, give rise to
civil liability or otherwise violate any applicable local, state, national or
international law.
3. Alteration / Discontinuance of the Site or Site
3.1 The owners of the Site may discontinue or alter any aspect of
the Site, including, but not limited to:
(a) Restricting the availability and/or scope of the Site for
certain platforms and operating systems;
(b) Restricting the times at which the Site is available;
(c) Restricting the amount of use of the Site permitted by a particular user;
and (d) Restricting or terminating a user's right to use the Site, at the sole
discretion of the owners of the Site and without prior notice.
4. Monitoring of the Site
4.1 The owners of the Site may electronically monitor the Site and
the users of the Site in order to ensure compliance with these Terms of Use and
may disclose any information, record or electronic communication of a user of
the Site:
(a) In compliance with any law, regulation or authorized
governmental request;
(b) If such disclosure is necessary for the continued operation of the Site; or
(c) To protect the rights or property of the owners of the Site or its
partners.
5. INTERNET Access Charges
5.1 You shall be solely responsible and liable for all charges
(including internet access fees and associated charges) incurred by you in
order to connect to the Site and/or use the Site.
6. Disclaimer of warranty and limitation of liability
6.1 In relation to the Site, the owners of the Site disclaim any and
all warranties (either express or implied) to the full extent permitted by law,
including without limitation:
(a) Any warranties regarding the availability or accuracy;
(b) Any warranties of title, merchantability or fitness for a particular
purpose.
6.2 Neither the owners of the Site, nor their partners, agents,
affiliates or content providers shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of or incidental to
the use of the Site or the Site or inability to gain access to the Site or use
the Site.
6.3 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF, THE SITE OR THE SITE, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE OWNERS OF THE SITE ARE NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7.INDEMNITY
7.1 You agree to indemnify, keep indemnified and forever hold
harmless, both the owners of the Site and their partners, agents, affiliates
and content partners from any costs (including legal costs), loss, damage,
claims or disputes, which may arise out of or incidental to your use of the
Site or from a breach of these Terms of Use.
8. Disclaimer for third party websites
8.1 The Site may contain links to websites of our advertisers or
other third parties ("Third Party Websites"). The owners of the Site
do not have any control over and shall not be responsible or liable for:
(a) The price, quality, safety or legality of the goods or Sites
available on or through Third Party Websites;
(b) The truth or accuracy or legality of the content on the Third Party
Websites or for the actions you might take in reliance on that content; or
(c) The availability or technical capabilities of the Third Party Websites or
the links provided to those Third Party Websites.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Copyright.
The Site contains information, software, photos, video, graphics,
music, sounds or other material ("Site Content"). The Site Content
was created and is owned by the owners of the Site and is protected by
applicable domestic and international copyright laws. Unless expressly
permitted by these Terms of Use or elsewhere in the Site, you shall not copy,
distribute, publish, perform, modify, download, transmit, transfer, sell, or
license, reproduce, create derivative works from or based on, distribute, post,
publicly display, frame, link, or in any other way exploit any part of the Site
Content, in whole or in part. Links to the Site are only permitted upon express
permission from and by arrangement with the owners of the Site. Any rights not
expressly granted to you herein are reserved. All copyright infringements will
be prosecuted to the full extent permitted by law.
9.2 Trademarks.
"www.oocities.org/poos_on_the_lawn" and the
"www.poosonthelawn.tk" logo are trademarks and service marks of the
owners of the Site ("the Marks"). Any unauthorized use of the Marks
is strictly prohibited.
Any product, service, or trade name other than those owned by the
owners of the Site that identify a third party as the source thereof may, even
if not so indicated, may be the service mark or trademark of that respective
entity or individual.
9.3 Claims of Copyright Infringement by third parties
The owners and operators of the Site support the Digital Millennium
Copyright Act ("DMCA") and encourages users to contact us via our
agent at the address below, with any claims of alleged copyright infringement
by Third Party Websites:
Sam B-Wilkinson
Corporate Counsel
3 CH Street
Nelson, New Zealand.
Fax: N/A
Phone: N/A
Email: Kaiba_Corp3@hotmail.com
Please include "DMCA" in the subject line if sending us
notice by email.
All notices to us in regard to potential copyright infringement
should include all of the following details:
(a) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or
if a single covers multiple copyrighted works at a single Web site claim, a
representative list of such works at that Web site.
(c) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the owners
of the Site to locate the material.
(d) Information reasonably sufficient to permit the owners of the Site to
contact the complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party may be
contacted.
(e) A statement that the complaining party believes in good faith, that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
(f) A statement that the information in the notice is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
9.4 Dealing with Copyright Infringers
In the case of Third Party Websites who are the subject of a claim
of copyright infringement, the owners of the Site reserve the right to remove
and/or to disable any link or other access to such Third Party Websites and/or
terminate the accounts of the owners of the said websites.
10. Objectionable Material
10.1 The owners of the Site support responsible parenting in respect
of the use of the Site by children. We encourage parents to implement
commercially available hardware and software filtering devices that will help
protect children from exposure to material that is offensive, objectionable,
harmful, deceptive or otherwise inappropriate for children.
10.2 If you come across any Third Party Websites that you believe
contains illegal material or assists or promotes the conduct of illegal
activities, please contact us by email at: nutse_lord@poosonthelawn.tk
and we will pass the information on to the relevant authorities.
11. DATA COLLECTION AND YOUR PRIVACY
11.1 Due to the nature of the Site, the owners of the Site do not
ordinarily collect, store, use or disclose any personally identifying
information of a user of the Site or the Site, unless you are an advertiser or
otherwise make direct contact with us. In the event that you do provide us with
such personal information, it will be dealt with in accordance with our Privacy
Policy.
11.2 The Internet is a global computer network. By submitting your
personal information to us electronically over the Internet, you agree to our
collecting and processing your personal data in this manner. The owners of the
Site shall not be responsible or liable for any loss or damage sustained as a
result of interception of your personal data during transmission and/or the unauthorised
use of this data by third parties.
12. General
12.1 Governing Law
This Agreement shall be construed and controlled by the laws of the
New Zealand. Further, the laws of New Zealand will govern any dispute arising
from the terms of this agreement or a breach of this Agreement. Customer agrees
to personal jurisdiction by the State and Federal courts sitting in New
Zealand.
12.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and communications, written or oral
between the owners of the Site and you. The owners of the Site may amend or
modify this Agreement or impose new conditions at any time without notice to
you, effective immediately upon being published on the Site. Any use of the
Site by you after such notice shall be deemed to constitute acceptance by you
of such amendments, modifications or new conditions.
12.3 Notices
All notices given to you by the owners of the Site shall be sent to
your nominated e-mail address. You may give notice to the owners of the Site by
sending an e-mail addressed to nutse_lord@poosonthelawn.tk
12.4 Severability
In the event that any provision of these Terms of Use are found by a
court of competent jurisdiction to be invalid, illegal or unenforceable, such
provision shall be severed from the Terms of Use and the remaining provisions
shall remain in full force and effect. The parties further agree that the court
should endeavour to give effect to the parties' intentions as reflected in the
severed provision these Terms of Use should be interpreted to affect the intent
of the parties, and the remaining provisions will remain in effect.
12.5 Section Headings
The section headings contained herein are for reference purposes
only and shall not in any way affect the meaning or interpretation of this
agreement.
12.6 Waiver
A failure by the owners of the Site to exercise or enforce any right
or provision of the Agreement shall not be deemed to be a waiver of such right
or provision.
12.7 Arbitration
Any dispute or claim arising out of or relating to the use of Site
or the Sites or these Terms of Use shall be settled by binding arbitration
conducted by an independent arbitrator appointed by the Queensland Law Society
("the Arbitrator").
Contact:
Sam B-Wilkinson
Corporate Counsel
Nelson, New Zealand.
Email: Kaiba_Corp3@hotmail.com