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Terms and Conditions

Yippee Limited ("Yippee") provides the A1 Yippee Web site including the A1 Yippee Home Page and other A1 Yippee content (collectively, the "Site") subject to your compliance with the terms and conditions below.

PLEASE READ THIS BEFORE ACCESSING THE A1 YIPPEE SITE. BY ACCESSING THE A1 YIPPEE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE YIPPEE SITE.

1. Rules OF CONDUCT.
While visiting the Yippee Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Yippee Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the A1 Yippee Site or the Internet; post or transmit any information or software which contains a virus, trojan horse, cancelbot, worm or other harmful or disruptive component; upload, post, transmit, publish, reproduce, or distribute in any way, information, software or other material obtained through the A1 Yippee Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner. You shall not post on the Site any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

2. THIS AGREEMENT.
Yippee Limited reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Yippee Limited as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Site.

3. Monitoring.
Yippee Limited has no obligation to monitor the A1 Yippee Site. However, you agree that Yippee Limited has the right to monitor the A1 Yippee Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the A1 Yippee Site properly, or to protect itself or its subscribers. Yippee Limited will not intentionally monitor or disclose any private electronic-mail message unless required by law. Yippee Limited reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

4. Privacy.
Yippee Limited cannot ensure or guarantee privacy for A1 Yippee users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Yippee Limited and its affiliate and related companies shall be relieved of all liability in connection therewith.

5. SOFTWARE, DOCUMENTS AND SERVICES (“CONTENT”) AVAILABLE ON THIS WEBSITE.
You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Yippee Limited or third parties. All Content on the Site is copyrighted as a collective work of A1 Yippee pursuant to applicable copyright law(s). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, non-commercial use. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. IN NO EVENT SHALL A1 YIPPEE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

6. LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE A1 YIPPEE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF A1 YIPPEE AND A1 YIPPEE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. A1 YIPPEE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. A1 YIPPEE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY A1 YIPPEE OF THE SITE.

7. Buying over the Internet.
When making purchases or other transactions through the A1 Yippee Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the A1 Yippee Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the A1 Yippee Site. Yippee Limited is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

8. Limitation of Liability.
Yippee Limited takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the A1 Yippee Site. Further, Yippee Limited makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the A1 Yippee Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Yippee Limited be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

9. Recourse.
If you are dissatisfied with the A1 Yippee Site or with any terms, conditions, rules, policies, guidelines, or practices of Yippee Limited in operating the A1 Yippee Site, your sole and exclusive remedy is to discontinue using the A1 Yippee Site.

10. Confidential Information.
You authorize Yippee Limited to collect from any party and to retain all relevant information relating to your use of the A1 Yippee Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Yippee Limited to the contrary by e-mailing us, you further authorize Yippee Limited to disclose, on a confidential basis, to any party with whom Yippee Limited has business relations all relevant information relating to your dealings with us and the A1 Yippee Site.

11. Indemnity.
You agree to defend, indemnify and hold Yippee Limited and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the A1 Yippee Site or the Internet or the placement or transmission of any message, information, software or other materials on the A1 Yippee Site or on the Internet by you or users of your account.

12. Trademarks.
All product and/or brand or company names mentioned herein are the trademarks of their respective owners.

13. DISCLAIMER.
THE SOFTWARE AND DOCUMENTS CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL Yippee Limited BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

14. Miscellaneous.
This Agreement, including any and all documents referenced herein, constitute the entire agreement between Yippee Limited and you pertaining to the subject matter hereof. Yippee Limited's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of New Zealand applicable therein.

 


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