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Terms of ServiceExpand / Collapse
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Posted 25/07/2006 11:35:20 p.m.


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Terms of Service

1. ACCEPTANCE OF TERMS

kiwivoice welcomes you. kiwivoice provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. This topic will always have the most current version of the TOS:

2. DESCRIPTION OF SERVICE

You understand and agree that the Service is provided "AS-IS" and that kiwivoice assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to kiwivoice, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.

Please be aware that certain areas on kiwivoice could contain adult or mature content. While we will endeavor to clearly mark and label these areas, we cannot do this for every area of kiwivoice and discretion is advised.

3. YOUR REGISTRATION OBLIGATIONS

You agree to always have a current & updated email address in your User Profile at all times so you may be contacted by kiwivoice Management if needed, or to receive email alerts from kiwivoice. If we have reasonable grounds to suspect that you have not done so, kiwivoice reserves the right to suspend or terminate your account and refuse any and all current or future use of kiwivoice. You may until that time sign up with more than one account; provided each has a separate & valid email address. Please remember that kiwivoice is designed to appeal to a broad audience. Accordingly, please refrain from any excessive or un-needed swearing, slang, abbreviated grammar (txt-speak), or insults.

4. KIWIVOICE PRIVACY POLICY

kiwivoice reserves the right to log your IP Address, as well as store cookies on your PC to retain your preferred settings and information about any ads currently or previously displayed on kiwivoice. We will not on-sell this email address to any 3rd-party, however we may contact you from time to time with a newsletter, kiwivoice updates and / or new features which may include offers from a 3rd-party that may appeal to you.

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the kiwivoice registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify kiwivoice of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. kiwivoice cannot and will not be liable for any loss or damage arising from your failure to comply with this Section

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

This means that you, and not kiwivoice, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via kiwivoice. kiwivoice can not always control the Content posted on kiwivoice and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using kiwivoice, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will kiwivoice be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available from kiwivoice.

You agree to not use kiwivoice to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, a kiwivoiceModerator / Administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through kiwivoice;

5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Discussion about business, policies and other such topics however are encouraged where the poster does not stand to make personal gain from any immediate comments, posts, facts or remarks made;

8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. interfere with or disrupt kiwivoice or servers or networks connected to kiwivoice, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10. "stalk" or otherwise harass another; and/orcollect or store personal data about other users;

You acknowledge that kiwivoice may or may not pre-screen Content, but that kiwivoice shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available from kiwivoice. Without limiting the foregoing, kiwivoice and its moderators shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

7. INDEMNITY

You agree to indemnify and hold kiwivoice and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through kiwivoice, your use of kiwivoice, your connection to kiwivoice, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of kiwivoice (including your kiwivoice User ID), use of kiwivoice, or access to kiwivoice.

9. MODIFICATIONS TO SERVICE

kiwivoice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, kiwivoice (or any part thereof) with or without notice. You agree that kiwivoice shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION

You agree that kiwivoice may, under certain circumstances and without prior notice, immediately terminate your kiwivoice account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to kiwivoice (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations for cause shall be made at kiwivoice's sole discretion and that kiwivoice shall not be liable to you or any third party for any termination of your account, or access to kiwivoice.

11. VIOLATIONS

Please report any violations of the TOS to: Abuse@kiwivoice.co.nz


12. Kiwi Business Directory Online

All businesses profiling their product or service on Kiwivoice must be of KiwiOrigin, or comments about businesses operating primarily from within New Zealand

Any and all comments made in the Kiwi Business Directory Online are the views of the end-user, and do not necessarily reflect those of Kiwivoice, the Kiwivoice brand, or the Kiwivoice staff. Kiwivoice cannot be held responsible, or liable for any and all comments made on the site.

Please contact us regarding business terms and conditions, advertising, sponsorship and marketing alliances.
info@kiwivoice.co.nz

kiwivoice management

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