ELocaL COMMUNITY MAGAZINE

Terms and Conditions

Welcome to ELOCAL MAGAZINE ON-LINE! We have developed these Terms of Service to govern your use of ELOCAL MAGAZINE ON-LINE. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract regarding your use of ELOCAL MAGAZINE ON-LINE. If you do not agree with any of these terms, please exit ELOCAL MAGAZINE ON-LINE.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with ELOCAL MAGAZINE ON-LINE, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Adbonanza NZ Limited (“ABNZ”), and its affiliated companies and licensors. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to ELOCAL MAGAZINE ON-LINE, you may do so provided you agree to cease such link upon request from ELOCAL MAGAZINE ON-LINE. No other use is permitted without prior written permission of ELOCAL MAGAZINE ON-LINE. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ELOCAL MAGAZINE ON-LINE, not to insert any code or product or manipulate the content of ELOCAL MAGAZINE ON-LINE in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to support@elocal.co.nz. In certain cases, you may be able to obtain a license to use individual stories that appear on ELOCAL MAGAZINE ON-LINE through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use the Content.

Copyright Complaints. ELOCAL MAGAZINE ON-LINE respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ELOCAL MAGAZINE ON-LINE, please contact us at the address listed below under the heading "Contact Us."

Membership and Registration. If you become a Member/Subscriber of ELOCAL MAGAZINE ON-LINE, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access ELOCAL MAGAZINE ON-LINE using your name in whole or in part. ELOCAL MAGAZINE ON-LINE reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.

User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, ELOCAL MAGAZINE ON-LINE, including for example posting any resume or other content, placing any classified advertisement etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of ELOCAL MAGAZINE ON-LINE that specifically ask for unique or fictitious names).

For all such information and material, you grant ABNZ, its affiliates and related entities, including ELOCAL MAGAZINE ON-LINE and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize ABNZ to share the information across all Elocal magazine on-line NZ Limited Company affiliated Web sites, to include the information in a searchable format accessible by users of ELOCAL MAGAZINE ON-LINE and other ABNZ Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant ABNZ the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note that ELOCAL MAGAZINE ON-LINE does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ELOCAL MAGAZINE ON-LINE. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against ELOCAL MAGAZINE ON-LINE and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Placing an Ad and using our Web site. Before placing an ad or using any of the products or services offered on our site, please read the General Disclaimer and Limitation of Liability section in these Terms of Service. In addition to these Terms of Service, the following apply to all ads placed with ELOCAL MAGAZINE ON-LINE:

Definitions: A private party is an individual selling his/her personal item(s), or buying an item for personal use. Ads for businesses, commercial ventures or any reason other than personal use must be placed as Business ads. For example, ads that must be placed as business ads include ongoing ventures, for fun or profit; inventory for sale or wanted (from a past, present or prospective business); offers of information, free or paid; services wanted or offered, including animal breeding; employment wanted or offered; real estate rentals and sales, and businesses for sale. We encourage our readers to notify us if they find a business advertising as a private party. We reserve the right to delete any private party ad we consider to be commercial in nature. Ads will not be published until payment is received. Sales are final. No Refunds: ELOCAL MAGAZINE ON-LINE is not responsible for errors made by the customer in submitting advertising. If there is an error in any advertisement, it is the responsibility of the customer to go online and modify the ad. Customers who detect other errors in any advertisement or content should contact ELOCAL MAGAZINE ON-LINE immediately via email to support@elocal.co.nz. For material errors caused by ELOCAL MAGAZINE ON-LINE, users will receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed. All such credit is applied to future advertising only - NO REFUNDS.

Other Specifics About Interactive Areas. Given the nature of ELOCAL MAGAZINE ON-LINE and the volume of messages and postings, ELOCAL MAGAZINE ON-LINE cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly encourage caution when divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. ELOCAL MAGAZINE ON-LINE reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules. We reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by ELOCAL MAGAZINE ON-LINE in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using ELOCAL MAGAZINE ON-LINE, please do not post material that:

Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community. Violates any right of ELOCAL MAGAZINE ON-LINE or any third party. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law. Violates or inappropriately encourages the violation of any national, international law, rule, regulation or bylaw. Unfairly interferes with any third party’s uninterrupted use of ELOCAL MAGAZINE ON-LINE. Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose. Uploads copyrighted or other proprietary material of any kind on ELOCAL MAGAZINE ON-LINE without the express permission of the owner of that material. Uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service. Uploads or transmits viruses or other harmful, disruptive or destructive files. Disrupts, interferes with, or otherwise harms or violates the security of ELOCAL MAGAZINE ON-LINE, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ELOCAL MAGAZINE ON-LINE or affiliated or linked sites. "Flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY RESULT IN PERSONS REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through ELOCAL MAGAZINE ON-LINE. Your dealings or communications through ELOCAL MAGAZINE ON-LINE with any party other than ELOCAL MAGAZINE ON-LINE are solely between you and that third party. For example, certain areas of ELOCAL MAGAZINE ON-LINE may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will ELOCAL MAGAZINE ON-LINE be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

General Disclaimer and Limitation of Liability: While ELOCAL MAGAZINE ON-LINE uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. ELOCAL MAGAZINE ON-LINE does not represent or warrant that use of any Content will not infringe rights of third parties. ELOCAL MAGAZINE ON-LINE has no responsibility for actions of third parties or for content provided or posted by others.

USE OF ELOCAL MAGAZINE ON-LINE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ABNZ, ELOCAL MAGAZINE ON-LINE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ELOCAL MAGAZINE ON-LINE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ELOCAL MAGAZINE ON-LINE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ELOCAL MAGAZINE ON-LINE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES ELOCAL MAGAZINE ON-LINE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. ELOCAL MAGAZINE ON-LINE AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

ELOCAL MAGAZINE ON-LINE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. ELOCAL MAGAZINE ON-LINE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE ELOCAL MAGAZINE ON-LINE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL ELOCAL MAGAZINE ON-LINE OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ELOCAL MAGAZINE ON-LINE OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR ANY DIRECT DAMAGES.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ELOCAL MAGAZINE ON-LINE AND ABNZ, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING LAWYERS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ELOCAL MAGAZINE ON-LINE; (2) ELOCAL MAGAZINE ON-LINE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users. ELOCAL MAGAZINE ON-LINE is controlled, operated and administered by ABNZ from its offices within the country of New Zealand. ELOCAL MAGAZINE ON-LINE makes no representation that materials or Content available through ELOCAL MAGAZINE ON-LINE are appropriate or available for use outside the country of New Zealand and access to them from territories where their contents are illegal is prohibited. You may not use ELOCAL MAGAZINE ON-LINE or export the Content in violation of New Zealand export laws and regulations. If you access ELOCAL MAGAZINE ON-LINE from a location outside of the country of New Zealand, you are responsible for compliance with all applicable laws.

Miscellaneous: ELOCAL MAGAZINE ON-LINE reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of ELOCAL MAGAZINE ON-LINE after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

ABNZ may modify, suspend, discontinue or restrict the use of any portion of ELOCAL MAGAZINE ON-LINE, including the availability of any portion of the Content at any time, without notice or liability. ABNZ may deny access to any person or user at any time for any reason. In addition, ABNZ (or ELOCAL MAGAZINE ON-LINE) may at any time transfer its rights and obligations under this Agreement to any Elocal magazine on-line NZ Limited Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires ABNZ, ELOCAL MAGAZINE ON-LINE or any of their assets.

These Terms of Service will be governed by and construed in accordance with the laws of New Zealand. You hereby agree that any cause of action you may have with respect to ELOCAL MAGAZINE ON-LINE must be filed in court located in Auckland, New Zealand, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ELOCAL MAGAZINE ON-LINE to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to ELOCAL MAGAZINE ON-LINE, and all other provisions for which survival is equitable or appropriate.

Contact Us. To contact ELOCAL MAGAZINE ON-LINE, please use the following: Adbonanza NZ Limited Publishers ELOCAL MAGAZINE, P O Box 926, Pukekohe New Zealand 2340. support@elocal.co.nz