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[Dated: 25 August 2001]
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By registering on the Chart Hitz New Zealand Web Site (the "Site") or using any of the services available on or through the Site, you are deemed to have agreed to these terms and conditions of use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, which includes by incorporation our Privacy Policy, you may not access or otherwise use the Site or services.
This Site is provided by Stephen Heighway for your and others' personal, non-commercial enjoyment, subject to these Terms and Conditions of use and all modifications thereto, and any other rules or guidelines. Chart Hitz New Zealand reserves the right to modify the Site and weekly Voting Form from time to time, for any reason, and without notice, including the right to terminate the Email Subscription Service. You should check these Terms and Conditions periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
As a condition of your ability to visit this Site, you represent and warrant that:
- You are of a suitable age to view material that may contain a restricted rating in the "Music Videos" section of this Site and to use the Site in accordance with these Terms and Conditions;
- All information supplied by you is true and accurate (without limitation of the foregoing, any speculative, incorrect, misleading, false or fraudulent information that you provide is prohibited);
- You understand and agree that Chart Hitz New Zealand may use personally identifiable and other information provided by you in our sign up form to match your interests and specific personal details to, partners, sponsors, advertisers, service providers and marketers for marketing promotions, lookup and reference services applications, and other activities that Chart Hitz New Zealand believes are able to provide Members with special offers and opportunities. Your Privacy will always be protected since we never share your personal information with companies wishing to market their products to our audience, as stated in our Privacy Policy.
- You understand that abuse of the services provided on this site and through our email service may result in you being denied access to the use of this web site and/or the termination of your membership;
- You will not:
- Harvest, sweep, or use any other means, to collect information about Members of the Site;
- Maintain more than one email address with our email service;
- Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, to sign up multiple accounts with our email service on the Site;
- Conduct your own New Zealand Music Chart web site;
- Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions or your membership on the Site without prior express written authorization of Chart Hitz New Zealand;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site Content; or
- Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, member information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
- Chart Hitz New Zealand may reject any registration application from any person with or without cause at its sole discretion. Chart Hitz New Zealand reserves the right to terminate a Member account in the event that such Member provides false or misleading Registration Information, lets their current email address lapse without sending an email to webmaster<at>charthitz<dot>net<dot>nz stating a change of address, or otherwise violates any term of these Terms and Conditions. Your status as a registered Member creates only a customer relationship with Chart Hitz New Zealand and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
By visiting this Site or participating in our email service, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.
The Site and Email Voting Service provided by Chart Hitz New Zealand contains intellectual property owned by Chart Hitz New Zealand and other parties. As between Chart Hitz New Zealand and you, Chart Hitz New Zealand is the sole owner of the Site in general, including without limitation, all applicable New Zealand and non-New Zealand copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Site Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site Content solely for your personal, non-commercial use or records, provided that any Chart Hitz New Zealand or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site Content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may send an email to Chart Hitz New Zealand at webmaster<at>charthitz<dot>net<dot>nz.
The information collected and used on the Site is governed by the Chart Hitz New Zealand Privacy Policy.
This site, including the site content and voting service is provided "as is" and "as available," without warranty of any kind, either express or implied, without limitation of the foregoing, Chart Hitz New Zealand specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the site, the site content and the email service; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Chart Hitz New Zealand does not warrant or guarantee (1) that any portion of the site or the email service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (2) that access to the site or email service will be uninterrupted or error-free.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
In no event will Chart Hitz New Zealand, its parents, partners, affiliates, successors and assigns and their respective officers, directors, and employees be liable to any party (i) for any indirect, direct, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the site or the email service, even if Chart Hitz New Zealand shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the site or email service. Chart Hitz New Zealand shall not be obligated to award any prize that relates or arises out of a promotion not commissioned by Chart Hitz New Zealand or improper or mistaken prize notification, operation or function of the site or email service.
You agree to defend, indemnify and hold Chart Hitz New Zealand, its parents, partners, affiliates, successors and assigns and their respective officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Site and Email Service or any violation of these Terms and Conditions by you.
You hereby agree to waive all laws that may limit the efficacy of such releases.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site, or the Email Service must be filed within one (1) month after such claim or cause of action arises, or forever be barred.
Termination by You: You may terminate your membership with Chart Hitz New Zealand at any time. If you choose to terminate your Chart Hitz New Zealand membership, you understand that you will forfeit all prizes that my be owing to you and will not be eligible to enter future prize draws. If you re-apply to become a Chart Hitz New Zealand registered Member at a later date, you will not retain or receive any credit for previous prizes you may have accrued under any previous account.
Termination by Chart Hitz New Zealand: Chart Hitz New Zealand reserves the right to terminate your membership without notice, with or without cause, at its sole discretion, for any reason, including:
- Your breach of any provision of this Agreement;
- Any conduct by you which is or may reasonably be believed to be contrary or detrimental to the business interests or reputation of Chart Hitz New Zealand; or
- Any action taken by you that harms or potentially harms any Chart Hitz New Zealand relationship with its registered Members, suppliers, and/or providers of Third Party Promotions.
If Chart Hitz New Zealand terminates your membership, you will be ineligible to re-enroll as a registered member at any future date unless you are granted specific permission to re-enroll after a period of one (1) year.
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