Terms and Conditions

The information and facilities provided on this website (referred to here as the "Site") are provided to you ("you/your") by WalterMcGinnis.com ("we/our/us").

If you do not agree to these Terms and Conditions then you must not register. These Terms and Conditions incorporate the Privacy Policy.

You can read and use the Site without registering but if you would like to contribute and amend material to the Site then you will need to register and agree to these Terms and Conditions. There is no charge for using the Site or for becoming a Registered User.

Shared Content - Use by You and Others

The Site works by enabling registered users to join this kete community to contribute and share information.

The Site is about sharing content and therefore we have adopted the Creative Commons Licence arrangements to govern how you may use content indicated as "Shared Content" on the Site and how any material you post will automatically become Shared Content for others to use.

Whenever you post content on the Site, you agree to make it available under the terms of the Creative Commons Licence which governs all Shared Content on the Site. This means that users of the Site will be able to:

copy, distribute, display and perform the Shared Content; and
make derivative works from it,

provided that:

they do not use it for any commercial purpose
when they use it elsewhere they credit you as the original author
if they re-use or distribute the Shared Content, they make it clear to others the terms on which the Shared Content is made available by explaining to them these licence terms
if they make any derivative work that they create from the Shared Content available to other users on the same Creative Commons Licence terms.

Other Registered Users will be able to amend, overwrite or even delete your content on or from the Site without consulting you.

Please therefore think carefully before uploading any content or information to the Site and do not do so if you are not happy to make it available to others as Shared Content to use in this way.

Non-Shared Content - Restrictions on Use

All other content on the Site that is not Shared Content ("Our Content") is not held under the Creative Commons Licence and your use of the Site and Our Content grants no rights to you in relation to our (or our licensor's) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of the Site.

You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising the Site other than for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of Our Content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use other than that permitted under this paragraph 1 may only be undertaken with our prior express authorisation.

Your Licence of Your Content and How We May Use It

When you contribute any content to the Site, you grant us a perpetual, royalty free licence to use such content as set out below. This licence is separate and different from the Creative Commons Licence that applies to other Site users' use of such content.

On posting any content, the licence you grant to us and our partners is a licence to:

communicate such content to the public and otherwise make it available on this kete websites and services and to amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such content; and
create and publish the content (in or on any media) based on (or which include copies and/or modifications of) all or any part of the content in publications produced by Horowhenua Library Trust or with our permission and you hereby waive any rights that you may otherwise have to any revenues arising from such use.

Password, Profile and Security

Upon registration, you will select a login name, password and this Kete User Name that you can use to access your Profile. We will then send you an email confirming your registration and containing links to Terms and Conditions. We will not be able to send you your password by email.

You are responsible for maintaining the confidentiality of your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Site and services and will not be liable where your Password or User Name are used by someone else.

You agree to notify us immediately of any unauthorised use of your Password or User Name or any other breach of security of which you become aware.

Your use of the Site

Please read this paragraph particularly carefully. You agree that, in using the Site, you will not:

email, transmit or otherwise disseminate any content (including, text, image, video or audio files) which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal
transmit on the Site, personal data regarding another Registered User or other person including, without limitation, their email, address or other contact details that would enable another Registered User or other person to identify or contact them without their express consent;
use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity including canvassing, prostitution or soliciting
use the Site for any purpose other than for non-commercial use.
use the Site to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent your affiliation with a person or entity;
cause any part of the Site to be interrupted, damaged or otherwise impaired;
nor use any Shared Content or Our Content other than as prescribed in paragraph 1 above.

We reserve the right to suspend, restrict or terminate your access to the Site at any time at our discretion where we believe that you may be in breach of these Terms of Use or where required to do so by law or regulatory body or our licensors.

Links to and From Other Websites

Kete includes links to other websites. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.

You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve Us in any dispute between you and the third party.

Limitation of Liability

We have no responsibility or control over the contents of any Shared Content nor communications made by or between Registered Users and can not be held liable for any contents of or consequences of such material. You must be aware that any Shared Content information provided by another Registered User may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Site and any Shared Content or providing any information to others via the Site. Unfortunately, there may be occasions when you may find other Registered Users' use of the Site or posted Shared Content offensive, harmful or deceptive.

To the fullest extent permissible by law, we disclaim any and all warranties of any kind (whether express or implied) in relation to the Site and any items accessed by you via the Site or a third party provider including any Shared Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected.

Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms of Use shall be limited in aggregate to $1,000 in respect of any one claim or series of connected claims.

We do not accept any liability for damage to your computer system or loss of data that results from your use of the Site and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features. Please ensure you run an effective virus detection system.

Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.

We do not promise that the Site will be available uninterrupted and in a fully operating condition due to the nature of the internet and our dependency on other service providers. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

All content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Site. Any decisions or action taken by you on the basis of Shared Content or information provided on or via the Site is at your sole discretion and risk

We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching these Terms of Use or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.

Complaints and Feedback

If you have any other specific complaints about another Registered User, or any Shared Content or any other aspects of the Site then you can contact us using the email address provided on each page by clicking "Contact". Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.

You warrant that:

all information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time through amending your Profile details);
you will undertake to comply with the restrictions on your use of the Site or any Shared Content or non-Shared Content as set out in the Terms and Conditions
all content that you contribute to the Site is yours and you have all rights required to grant the licences set out above without Horowhenua Library Trust or other user needing to obtain any further consents or permissions from or to pay any monies to any third person in respect of their use of such content.
You agree to compensate us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of the Site or any Shared Content or non-Shared Content including any breach or suspected breach of these Terms and Conditions or your violation of any law or the rights of a third party.

Termination and Cancellation

You can cancel or terminate your registration by contacting the site.

We reserve the right to terminate or suspend your registration where we have reason to believe or suspect that you are acting in breach of these Terms and Conditions or House Rules, or where required to do so by law, regulatory body or our licensors; at any time on not less than 24 hours notice to you.

Security and Privacy

You must read our Privacy Policy which contains important information about the use of your personal data other information regarding your Privacy and our security processes and policies

Changes to Terms and Conditions and services.

We are constantly looking for new ways to improve the Site and to enhance your experience. We therefore reserve the right to amend and develop the Site and these Terms and Conditions at any times. We will email you advising of the change in terms and conditions and post all such changes on the Site and all such changes will take effect once they have been posted and you will be deemed to have accepted any such changes forthwith from such point if you continue to use the Site. If you do not accept any changes made, then you can exercise your right of termination at any time.

Severance

Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

Law

These terms shall be governed by and interpreted in accordance with the laws of New Zealand. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Force Majeure

In these Terms and Conditions, a "force majeure" event means and shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond Our reasonable control, any other acts, events, omissions or accidents.

We shall not be liable for any failure, any suspension or any termination of access to the Site or any content in connection with or arising out of a force majeure event.

These Terms and Conditions were last updated on 8th August 2011.

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