Terms and Conditions
Table of Contents
- Your Agreement to the Terms.
- Changes to the Terms.
- Provision of the Websites and Services Generally.
- Location of the Websites and Services.
- User Conduct.
- Terms Relating to Content on the Websites and Services.
- Third Party Websites and Content; Links.
- Participating in Our Community: Registered Users.
- Terms Relating to Contributing Funds to Placerama.
- Terms Relating to Receiving Funds from Placerama.
- DISCLAIMER OF WARRANTIES.
- LIMITATION OF LIABILITY.
- Termination of this Agreement.
1. Your Agreement to the Terms.
YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE PROVIDED BY PLACERAMA IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Placerama Website (“Website”) or service (“Service”) you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
2. Changes to the Terms.
From time to time, Creative Commons may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms, as relevant, and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Website indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Placerama it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Placerama that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
3. Provision of the Website and Services Generally.
Placerama makes the Website and Services available to you on the Terms. You may only use the Website and Services in accordance with these Terms. In particular but without limitation, you may not use the Website and Services for any purpose that is unlawful or prohibited by these Terms or any other conditions or notices that are made available on any Website or Service.
4. Location of the Placerama Website and Services.
The Placerama Website and Services are controlled and offered by Placerama from its facilities in New Zealand. Placerama makes no representations that the Website or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Website may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of New Zealand.
5. User Conduct.
Users agree not to use the Website or Services to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content 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 or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
6. Terms Relating to Content on the Website and Services.
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Placerama does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Placerama liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Licenses Associated With Content on the Websites and Services.
- Placerama Content: All materials displayed or performed on the Website, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, are the property of Placerama and/or third parties and are protected by New Zealand and international copyright laws.
- Your Content: You agree that all Content that You contribute to the Website will be licensed under the Creative Commons Attribution Share Alike license. You grant Placerama the right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so (“Content License”) in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant Placerama the rights set forth above. You represent, warrant and agree that You will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless You own the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after You have been notified that such Your Content violates any of sections (a) to (e) of this sentence. Placerama reserves the right to remove any Content from the Website, suspend or terminate Your’s right to use the Services at any time, or pursue any other remedy or relief available to Placerama under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Placerama is concerned that You may have breached the immediately preceding sentence), or for no reason at all.
- Third Party Content: Third Party Content and Third Party Websites (as defined in Section 9, below) that Placerama links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. Placerama cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.
- Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Placerama may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Placerama determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Placerama does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Placerama to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and Placerama will take reasonable steps to promptly remove such Content; provided, however, that Placerama can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a Placerama email list. If you choose to remove your Content, the Placerama license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.
- Use of Content on the Website or Services. You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Placerama that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Placerama does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.
7. Third Party Websites and Content; Links.
The Website or Services may contain links to websites not controlled by Placerama (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Placerama (“Third Party Content”). You acknowledge that Placerama is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Placerama licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Placerama license. You further acknowledge that Placerama (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
8. Participating in Our Community: Registered Users.
Registering for an account on the Website is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. By registering for an account on the Website or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Terms. Placerama reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Placerama disclaims any and all liability to Registered Users and third parties in the event Placerama exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Placerama, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Placerama has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Terms.
In addition, Placerama may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change the Website and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Placerama deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by Placerama at any time and for any reason whatsoever, without notice.
In addition, Placerama reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Placerama in its complete discretion.
9. Terms Relating to Contributing Funds to Placerama.
Placerama provides the ability to contribute funds to parties representing themselves as organisations or individuals in the community soliciting funds for a stated purpose. Placerama will make the best attempt to contribute funds to these parties according to votes from other members of the community and geographic parameters.
Placerama relies on community voting and feedback to validate funding requests and Placerama takes no responsibility for the use to which any funding provided to a requesting party is put.
In addition, sponsors providing funds through Placerama must conform to the PayPal Acceptable Use Policy.
9a. Refund Policy
Placerama does not refund sponsor contributions, but welcomes feedback on how a sponsors contribution was distributed in order to improve our allocation algorithms.
10. Terms Relating to Receiving Funds from Placerama.
Placerama provides the ability for individuals or community organisations to request funds for a stated purpose, and to have those funding requests fulfilled partially or fully from funds contributed to a collective fund by local sponsors.
Placerama will make the best attempt to allocate all the contributed funds to requesting parties based on community votes and geographic parameters. Placerama makes no commitment to fund any specific requests, either partially or fully.
Placerama also reserves the right to remove a request for funding, and possibly terminate the account of the requesting party, if we believe the requesting party has misrepresented themselves or their request for funding, or for any other reason whatsoever, without notice.
Placerama disburses funds to receiving parties through payments to a PayPal account with the email address specified in the requesting parties Placerama profile. Placerama does not guarantee that the PayPal account matching that email address already exists, or that it is in any way associated with the individual or organisation that created the Placerama profile. Recipients of funds accept that they must have access to the PayPal account matching the email address specified in their Placerama profile in order to collect disbursements.
11. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PLACERAMA OFFERS THE WEBSITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PLACERAMA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PLACERAMA’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLACERAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
12. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PLACERAMA, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE PLACERAMA PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PLACERAMA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PLACERAMA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITE OR SERVICES.
You agree to indemnify and hold harmless the Placerama Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Placerama Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
15. Termination of this Agreement.
These Terms will continue to apply until terminated by either you or Placerama as set out below. Your right to access and use the Website and Services terminates automatically upon your breach of any of these Terms.
Placerama may, at any time: (a) modify, suspend or terminate the operation of or access to the Website or Services, or any portion of the Website or Services, for any reason; (b) modify or change the Website or Services, or any portion of the Website or Services, and the Terms and other policies governing the use of the Website or Services, for any reason; (c) interrupt the operation of the Website or Services, or any portion of the Website or Services, for any reason, all as Placerama deems appropriate in its sole discretion.
Your access to, and use of, the Website or Services may be terminated by you or by Placerama at any time and for any reason. Placerama will use reasonable efforts to notify you in advance about any material modification, suspension or termination by Placerama that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.