Terms of use

Terms of use for this web site

DISCLAIMERS AND TERMS OF USE

Use of the website and the services offered by The Gideons International New Zealand is expressly conditioned upon and subject to certain terms and conditions of use. By using this website, you agree to be bound by all of these terms and conditions of use of this website.

This page states the terms and conditions under which you may use the www.gideonsnz.org and/or www.gideons.org.nz website (the "Website") operated by The Gideons International (New Zealand), a New Zealand nonprofit organisation (the "Company"). Please read this page carefully. If you do not accept these terms and conditions, do not use the Website. The Company may revise these terms and Conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions, because they are binding on you.

1. Use and Ownership of Content

You acknowledge and agree that this Website and all of its content, such as text, graphics, software, data, information, images and other material ("Content"), are owned by the Company and/or its third party content providers ("Content Providers").

The Content is protected by copyright and other intellectual property laws in both the United States and internationally. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, perform, display, distribute, or otherwise use the Content in any way for any public or commercial purpose without first obtaining express written consent from the Company or the appropriate Content Provider. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited except as specified in this section, unless you first obtain the written permission of the Company or the appropriate Content Provider. Each Content Provider is a third-party beneficiary hereunder to the extent necessary to enforce its proprietary rights in the Content.

THE GIDEONS INTERNATIONAL and the THE GIDEONS INTERNATIONAL logo are trademarks of The Gideons International (the "Marks"). Any use of the Company's Marks by you or any third party without the prior express written consent of the Company is prohibited.

You may use this Website and the Content only for your own personal, non-commercial use. The Company authorizes you to view, print, and download copies of the Website and the Content solely for your personal, noncommercial use, provided that such downloads and printed copies contain the following notice:

"Copyright © The Gideons International (New Zealand). All rights reserved."

For information obtained from the Content Providers, you are solely responsible for compliance with copyright, trademark and other proprietary rights and restrictions and are referred to publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.

If you violate any of these terms and conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

2. Disclaimers of Liability

The Content may contain inaccuracies, omissions, or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Website and the Content. The use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time, but the Company is under no obligation to update the Website or to correct any errors or omissions in it.

The Company does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful goods. If your use of the Website or the Content results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY'S RIGHTS, OWNERSHIP, ACCURACY OF INFORMATIONAL CONTENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT.

IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE COMPANY OR DOWNLOADED FROM THE COMPANY, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE COMPANY, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE COMPANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO THE GREATER OF ONE THOUSAND DOLLARS ($1000.00) OR THE AMOUNT OF ANY FEES PAID BY YOU TO THE COMPANY.

Statements posted on the Website by other subscribers shall not be attributable to the Company, nor shall the Company have any liability or responsibility in connection with such postings. Each subscriber expressly agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and members from any liability resulting from such subscriber's postings as more fully set forth in Section 7 below.

4. Copyright Infringement Claims

The Company's Designated Agent for Receipt of Notification of Claimed Infringement is: The Gideons International, Attention: Field Representative, PO Box 6799, Wellesley Street, Auckland 1141; Telephone: 0508 443366 Email: info@gideonsnz.org

If you believe that material posted on the Website infringes on your copyright, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.

Upon receipt of a notification of claimed infringement that the meets the requirements set forth above, the Company will promptly remove or block access to the allegedly infringing material, and the Company will notify the Website subscriber who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, the Company will take reasonable steps to assist in the receipt of proper notification.

If you receive notification from the Company that the Company has blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the district in which you are located, or if you are outside of the U.S., for the U.S. District Court for the Middle District of Tennessee, and that you will accept service of process from the complaining party or their agent.

Upon receipt of counter-notification meeting the requirements set forth above, the Company will notify the complaining party that the Company will replace or unblock the material in ten business days unless the Company receives notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.

5. Links to Other Sites

The Website may contains links, including advertisements, to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company 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 websites. If you decide to access linked third-party websites, you do so at your own risk.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, members, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website, including but not limited to all Postings by you, your use of the Content or your breach of these terms and conditions. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

7. User Information

How the Company handles information it obtains relating to you is disclosed in its Privacy Policy.

8. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Company or in any way relating to your use of the Website resides in the courts of the State of Tennessee, County of Davidson or in the United States District Court of the Middle District of Tennessee. You further agree and expressly consent to the exercise of personal jurisdiction in the above-referenced courts in connection with any such dispute, including but not limited to any claim involving the Company or its affiliates, subsidiaries, employees, shareholders, directors, contractors, officers, telecommunication providers and content providers.

9. Severability

To the maximum extent possible, each of these disclaimers and terms of use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

General

These terms and conditions are governed by the internal substantive laws of New Zealand, without respect to its conflict of laws principles. If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These terms and conditions constitute the entire agreement between you and the Company with respect to the use of the Website. The Company reserves the right to modify these terms and conditions without notice to you, and your continued use of the Website after such modifications will make such modifications binding on you.

Revised January 2017

 

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