1. ACCEPTANCE OF
TERMS
For the purposes of these Terms and Conditions ("TCU"),
SimpleAs NZ Ltd will hereinafter be referred to as "SimpleAs".
Please read these terms and conditions carefully. A reference to this
"website" is to SimpleAs.net including but not limited to
the information, text, images, links, sound, graphics and video
sequences displayed herein (the "Materials").
By
accessing this website and any pages thereof, you shall be bound by
the terms and conditions below. If you do not agree to the terms and
conditions below, do not access this site or any pages thereof and do
not create a website with SimpleAs.
At any time and without prior notice, SimpleAs shall have the right, in its sole discretion, to modify, add or remove terms of the TCU, and all such changes shall take effect immediately. Users should review the TCU periodically as subsequent use shall constitute acceptance of any such changes. The user is responsible for providing all software and equipment needed to access SimpleAs.net.
2. DESCRIPTION OF
SERVICE.
SimpleAs.net provides users with access to a rich
collection of information resources, focusing on Internet business
and technology information. You understand and accept that SimpleAs
may include advertisements and that these advertisements enable us to
defray some of the costs of maintaining SimpleAs.net. SimpleAs
bears no liability for the delay, deletion, mis-delivery or failure
to store any user communications.
3. LINKS TO THIRD
PARTY SITES.
SimpleAs.net contains links to third party web
sites. Reference herein to any products, services, processes,
hypertext links to third parties or other information by trade name,
trademark, manufacturer, supplier or otherwise does not necessarily
constitute or imply its endorsement, sponsorship or recommendation by
SimpleAs . SimpleAs is providing these links to you only as a
convenience. SimpleAs is not responsible for the content of linked
third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. Each
individual vendor or advertiser shall bear the sole responsibility of
its own product and service information. If you decide to access
linked third party Web sites, you do so at your own risk.
4. USER PROVIDED
CONTENT.
Portions of the services at SimpleAs.net will
contain user provided content, to which you may contribute
appropriate content. For this content, SimpleAs a distributor only.
By submitting content to SimpleAs.net, you grant SimpleAs license
to use, host, distribute and allow hosting and distribution on
co-branded services of the content. You should submit only content
which belongs to you and will not violate the property or other
rights of any persons or organizations. SimpleAs recognizes the
copyright and other intellectual property rights of others. SimpleAs
reserves the right to remove any user provided content which comes to
its attention and which it believes, in its sole discretion, is
illegal, obscene, indecent, defamatory, incites racial or ethnic
hatred, violates the rights of others or otherwise violates this
Agreement. SimpleAs reserves the right to change or discontinue at
any time, without notice, any materials, equipment, specifications,
models, products, or services described on the SimpleAs.net, or the
availability thereof.
5. DEALINGS WITH
ADVERTISERS.
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through
SimpleAs.net, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertisers. You agree that SimpleAs shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers on SimpleAs.net.
6. RESTRICTIONS ON
USE OF MATERIALS.
SimpleAs owns all rights in SimpleAs.net
and all components thereof including without limitation, all texts,
information, materials, the structure, sequence and organisation of
the pages and screens. The SimpleAs.net name and logo owned by
SimpleAs may not be used in any commercial manner without the prior
written consent of SimpleAs. No part of SimpleAs.net may be
copied, reproduced, republished, uploaded, posted, transmitted,
distributed in any form or manner or by any means, electrical,
electronic, mechanical, photocopying, recording or otherwise or
stored in any retrieval system of any nature without the prior
written permission of SimpleAs. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of SimpleAs.net, use of SimpleAs.net, or access
to SimpleAs.net.
7. DISCLAIMER.
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH SimpleAs.net MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO of
SimpleAs.net AND TO THE INFORMATION THEREIN. SimpleAs AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN of
SimpleAs.net AT ANY TIME. ADVICE RECEIVED VIA SimpleAs.net
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ALL CONTENT OF THE
SimpleAs SITE, INCLUDING ALL SimpleAs MEMBER'S WEBSITES, INCLUDING
ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SimpleAs
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION,
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS
CONTAINED WITHIN SimpleAs.net , OR THE RESULTS OBTAINED FROM
ACCESSING AND USING SimpleAs.net AND/OR THE CONTENT CONTAINED
HEREIN. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs SHALL NOT
BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
SimpleAs.net . YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN
SimpleAs.net BY ANY THIRD PARTY.
8. EXCLUSION OF
LIABILITY.
SimpleAs SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO ANY PARTY
UNDER ANY CIRCUMSTANCES EXCEPT AS TO DAMAGES PROVED AND WILFUL AND
DELIBERATE CAUSED BY SimpleAs EMPLOYEES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, SimpleAs.net . THROUGH YOUR USE OF
SimpleAs.net , YOU SPECIFICALLY ACKNOWLEDGE AND ACCEPT THAT
SimpleAs IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF SimpleAs.net.
THROUGH YOUR USE OF SimpleAs.net YOU AGREE TO INDEMNIFY SimpleAs
AND ANY AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES
(INCLUDING ATTORNEYS' FEES ON A SOLICITOR CLIENT BASIS) AND DAMAGES
ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF of SimpleAs.net
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE
WOULD CONSTITUTE A BREACH BY YOU OF THE TCU.
9. SPECIAL
ADMONITIONS
FOR LOCAL AND INTERNATIONAL USE.
Recognizing
the global nature of the Internet, you shall comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the New Zealand or the
country in which you reside.
10. TERMINATION.
You agree that SimpleAs, in its sole discretion, may
terminate your use of the SimpleAs.net website, and remove and
discard any Content within the SimpleAs.net website, for any
reason, including, without limitation, if SimpleAs believes that you
have violated this Agreement.
SimpleAs reserves the right, in its sole discretion, to terminate your access to any or all services at SimpleAs.net and the related services or any portion thereof at any time, without notice. Further, you agree that SimpleAs shall not be liable to you or any third-party for any termination of your access to SimpleAs.net.
11. GENERAL.
Your
obligations under the TCU shall continue for as long as you access or
use of SimpleAs.net or use or maintain any of the content
(including software) of SimpleAs.net or copies thereof. You may
terminate your obligations at any time by discontinuing your use of
SimpleAs.net and by destroying all content obtained from it and all
copies thereof.
12. GOVERNING LAW
This agreement shall be deemed to be an agreement made in New
Zealand and shall be subject to, governed by and interpreted in
accordance with the laws of New Zealand. Users of SimpleAs.net or
any of its pages are responsible for compliance with all local laws
and regulations.
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