PLEASE READ THESE KIWIARTS.COM GENERAL TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE KIWIARTS.COM OR ANY SERVICES OFFERED BY KIWIARTS.COM.
By using the web site, discussion list and other services offered by Kiwiarts.com, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use Kiwiarts.com.
Kiwiarts.com is an online service provided by Kiwiarts.com, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions at http://www.kiwiarts.com/terms.asp Your continued usage of Kiwiarts.com or any of its services will mean you accept those changes.
Copyright
The Materials are protected by United States, New Zealand and other copyright laws. The selection, arrangement and presentation of all Materials (including information in the public domain), and the overall design of Kiwiarts.com are copyright © 1999-2001 Kiwiarts.com. All rights reserved. Permission is granted to view and print materials from Kiwiarts.com for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of Kiwiarts.com, is strictly prohibited.
Trademarks
"Kiwiarts," "Kiwiarts.com," and the related computer logos are trademarks or service marks of Kiwiarts.com.
Discussion List
In consideration of your use of our Free Email Accounts, you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail or otherwise transmit 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; or (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.
Kiwiarts.com has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the discussion list (or any portion thereof) at any time.
By submitting communications or content to any part of the discussion list, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- to Kiwiarts.com a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.
No Warranties
KIWIARTS.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO KIWIARTS.COM, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH KIWIARTS.COM, OR ANY SITES LISTED ON KIWIARTS.COM, AND KIWIARTS.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. KIWIARTS.COM DOES NOT WARRANT THAT KIWIARTS.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN KIWIARTS.COM WILL BE CORRECTED. KIWIARTS.COM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL KIWIARTS.COM 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 KIWIARTS.COM, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON KIWIARTS.COM OR DOWNLOADED FROM KIWIARTS.COM, EVEN IF KIWIARTS.COM 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 KIWIARTS.COM, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH KIWIARTS.COM. 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, KIWIARTS.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless Kiwiarts.com and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of Kiwiarts.com and any violation of these Terms and Conditions by you.
Miscellaneous
Except as expressly provided in a particular legal notice posted by Kiwiarts.com on Kiwiarts.com, these Terms and Conditions constitute the entire agreement between you and Kiwiarts.com with respect to the use of Kiwiarts.com and the Materials. Kiwiarts.com's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. Kiwiarts.com may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Last Update
These Terms and Conditions were last updated on January 1, 2001.
Contact Information
Questions or comments regarding Kiwiarts.com should be sent by e-mail to support@kiwiarts.com or by mail to Kiwiarts.com, POBOX 31095, Milford, North Shore City, Auckland, New Zealand.
