Terms Of Service
By accessing or using our website you agree to be bound by these terms – Those who disagree with the following terms may not have access to the website.
- The word content covers any text, data, information, videos, articles, pictures, comments, graphics, software and any other material that is generated by us or provided on the website. This also includes user generated content, including submissions and comments.
- The website and services may contain content which is specifically provided by us, or our business partners or by our users. Any such content is protected by trademarks, copyrights, patents, service marks, or any other propriety laws as is appropriate. You shall therefore abide by any copyright notices and restrictions contained in any content accessed through the website
- Any reproduction or unsolicited use of the content, other than for the purpose of using the website and its services, is prohibited without written permission from us. You shall not sell, rent, use or exploit in any way, any content for commercial use or in a way which may violate third party rights and regulations.
- If you submit user content to the website then you grant us completely royalty-free, fully paid and transferable worldwide license to use, modify, reproduce, distribute, display, and otherwise exploit the user content in connection with the website. For the sake of clarity, the aforementioned license grant includes our right to display, perform, distribute and otherwise use any user content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration or compensation for such use.
- We do not guarantee that any of the content and content services will be made available on the website or through the services we provide, such as via the newsletter. We reserve the right to modify, edit, remove or manipulate any of the content on the website at any time, at our sole discretion, without giving prior notice to you as the user. We may do so for any reason, but we are not obliged to even if there are content violations.
- We are not responsible for the accuracy, compliancy of copyright, or legality within the content on the website or accessed through the website via third parties and user content. You therefore release us from all liability in connection with content on the website and content that can be accessed through the website.
- Website Use and Rules of Conduct
- By using the website you agree to use the services for lawful purposes only. You also agree to these rules of conduct, website use, and terms of services as follows:
- You shall not facilitate the distribution of content or upload any user content that:
- Infringes any trademark, copyright, patent, right of publicity or violates any law of contractual duty as set out in the DMCA copyright policy which can be found on the website.
- You know to be inaccurate, false or misleading
- Is unlawful in any way including; harassing, defamatory, abusive, libelous, obscene, vulgar, offensive, profane, deceptive, contains nudity or sexual activity, or is otherwise deemed as inappropriate by us and down to our sole discretion. This is by no means an extensive list of unlawful behavior.
- Is spam, including anything which constitutes unsolicited advertising
- May contain software viruses, spyware, malware, or other computer codes, files or programs designed to damage or disrupt the function of any software, hardware, or telecommunications equipment, including any computer codes used to obtain unauthorized access to systems, data, passwords, information or anything else belonging to us, our users or a third party
- Impersonates any entity, or person, including an employee or representative of the website, including but not limited to celebrities, agencies, corporations and other users.
- Shows any sensitive information about another person or company, including personal identification documents, passports, legal documentation or financial information
- We reserve the right to remove users and/or content that we believe to be unacceptable at any time. We are, however, under no obligation to screen user content and we will not be held responsible for any unacceptable or any unlawful user content. We will remain vigilant but are unable to guarantee the safety of our users from unsolicited content.
- Users are solely liable for any account information, personal information, and content provided by them to us. We cannot be held accountable for your account information, content or personal information.
- Links To Other Web Sites
3.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
3.2 We have no control over the content, privacy policies, or practices of any third party web sites or services. We will therefore not be held accountable for third party websites. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
3.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. We are not liable for the information contained within those privacy policies.
4.1 We may terminate or suspend access to KiwiSpy.com and our services immediately, without prior notice for any reason whatsoever, including without limitation if you breach the terms set out.
4.2 All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
5.1 These terms shall be governed and construed in accordance with the laws without regard to its conflict of law provisions.
5.2 Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These terms constitute the entire agreement between us regarding the use of our website and service, and supersede and replace any prior agreements we might have between us regarding the use of our website and service.
6.1 We reserve the right to modify or replace these terms at any time, at our sole discretion. If a revision is inevitable we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a necessary change will be determined at our sole discretion and we do not have to provide further details of this.
6.2 By continuing to access or use our website or service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website and the services that we provide.
THE SERVICES AND CONTENT WITHIN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS AND NON-INFRINGEMENT. WE, AS A COMPANY, DO NOT WARRANT THAT OUR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT ANY CONTENT WITHIN OUR WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING OUR WEBSITE WILL MEET YOUR REQUIREMENTS. THE USER AGREES TO USE OUR SERVICE AT THEIR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL OUR COMPANY, OR ANY PERSONS WITHIN OUR COMPANY, BE LIABLE UNDER CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY WITH RESPECT TO OUR SERVICES FOR ANY OF THE FOLLOWING:
FOR ANY VIRUSES, BUGS, TROJANS OR OTHER HARMFUL COMPONENTS, REGARDLESS OF THE SOURCE.
FOR ANY DIRECT DAMAGES
FOR ANY DATA LOSS, LOST PROFITS, PUNITIVE, COMPENSATION, OR DAMAGES OF ANY KIND HOWEVER THEY MAY ARISE
If you have any questions about these terms, please send us a detailed e-mail to [email protected] with any queries or concerns. We aim to respond to you as quickly as we can with a detailed response.