1. ACCEPTANCE OF TERMS
ARTnDESIGN.CO.NZ (“AnD”) provides a collection of online resources, including paid classified ads and various messaging services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular AnD services, you agree to abide by any applicable guidelines for all AnD services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with AnD in any way, your only recourse is to immediately discontinue use of AnD. AnD has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that AnD does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the AnD site and Content available through the Service may contain links to other websites, which are completely independent of AnD. AnD makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will AnD be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, via the chat service, e-mail or otherwise made available via the Service. You acknowledge that AnD does not pre-screen or approve Content, but that AnD shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The AnD site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of AnD, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that AnD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AnD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AnD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AnD’s Admin for notice of claims of copyright or other intellectual property infringement, at
lisa@artndesign.co.nz Please provide our Admin with the following Notice:
a) Identify the material on the AnD site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
AnD will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
AnD has established a Privacy Policy to explain to users how their information is collected and used, which is located at the page:
Your use of the AnD website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that AnD may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of AnD, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that violates the anti-discrimination laws.
g) that impersonates any person or entity, including, but not limited to, a AnD employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the AnD site which are not designated for such purposes; or emailed to AnD users who have not indicated in writing that it is OK to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in “services”;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by AnD;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one area;
x) attempt to gain unauthorized access to AnD computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the AnD website; or
y) use any form of automated device or computer program that enables the submission of postings on AnD without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by AnD or
z) use any form of automated device or computer program (“flagging tool”) that enables the use of AnD “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on AnD resources, you may not use a Posting Agent to post Content to the Service. Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission from AnD.
9. NO SPAM POLICY
Any unauthorized use of AnD computer systems for sending unsolicited email advertisements to AnD email addresses or through AnD computer systems is expressly prohibited by these Terms and is a violation of these Terms laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.
11. LIMITATIONS ON SERVICE
You acknowledge that AnD may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that AnD has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that AnD reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AnD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
AnD grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by AnD. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
AnD offers various parts of the Service in RSS format so that users can embed individual feeds into a website , or view postings through third party software news aggregators. AnD permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘ArtnDesign.co.nz’ as the source, (c) your use or display does not suggest that AnD promotes or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden AnD systems. AnD reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by AnD immediately terminates said permission or license.
13. TERMINATION OF SERVICE
You agree that AnD, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if AnD believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that AnD shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-19 shall survive termination of the Terms.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AnD. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of AnD, and agree to abide by any and all copyright notices displayed on the Service. You may not de-compile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although AnD does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to AnD an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant AnD all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER
Last updated: June 24, 2020
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Cookies Policy) refers to ARTnDESIGN.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to https://artndesign.co.nz (ARTnDESIGN).
- Service refers to the Website.
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a “fair use” of any such copyrighted material.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
“Use at Your Own Risk” Disclaimer
All information in the Service is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
If you have any questions about this Disclaimer or wish to report any violations of the Terms, You can contact Us:
- By visiting this page on our website: Contact Us