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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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