Terms and Conditions
Liztid™ and MyLizt™ are registered trademarks?
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Liztid, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1 Your Listing and Site.
If you have a listing on the Website, you are responsible for maintaining the security of your account and listing, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the listing. You must not describe or assign keywords to your listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Liztid may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Liztid liability. You must immediately notify Liztid of any unauthorized uses of your listing, your account or any other breaches of security. Liztid will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2 Responsibility of Users.
If you operate a listing, make notes on a listing, post material to the Website, put links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, called “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a video or audio file, or computer software. By making Content available, you represent and warrant that:
a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
c. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
e. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
g. your listing is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other listings and web sites, and similar unsolicited promotional methods;
h. your listing is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your listing’s URL or name is not the name of a person other than yourself or company other than your own; and
i. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Liztid or otherwise.
j. the listing does not promote illegal activities or organisations.
By submitting Content to Liztid for inclusion on your Website, you grant Liztid a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your listing. If you delete Content, Liztid will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Liztid has the right (though not the obligation) to, in Liztid’s sole discretion (i) refuse or remove any content that, in Liztid’s reasonable opinion, violates any Liztid policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Liztid’s sole discretion. Liztid will have no obligation to provide a refund of any amounts previously paid.
3 Payment and Renewal.
a. General Terms.
Optional paid services such as extra advertising and full page website are available on the Website. By selecting a paid service you agree to pay Liztid the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. These fees are not refundable.
b. Automatic Renewal.
Unless you notify Liztid before the end of the applicable subscription period that you want to cancel a paid service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid services can be cancelled at any time in the edit section of your site.
4 Responsibility of Website Visitors.
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Liztid does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Liztid disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Any content downloaded or copied must retain trade marks and copyright notices.
Manual access to Liztid and copying of search results is permitted for personal use. Access to Liztid for creation of a commercial database is not permitted. Searches for the purpose of obtaining data on the structure, nature or contents of Liztid is prohibited.
Automated searches by public search engines may be permitted for indexing. However access by any search engine may be denied at any time.
5 Copyright Infringement.
As Liztid asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Liztid.com violates your copyright, you are encouraged to notify the lister first and if the issue is not resoled, then contact Liztid. Liztid will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Liztid will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Liztid or others. In the case of such termination, Liztid will have no obligation to provide a refund of any amounts previously paid to Liztid.
6 Intellectual Property.
This Agreement does not transfer from Liztid to you any Liztid or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Liztid.
Liztid, Liztid.com logo, and all other trademarks, service marks, graphics and logos used in connection with Liztid.com, or the Website are trademarks or registered trademarks of Liztid or Liztid’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Liztid or third-party trademarks.
Liztid reserves the right to display advertisements on your listing unless you have purchased a full page listing.
Liztid reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Liztid may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Liztid may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Liztid.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a full page listing, such account can only be terminated by Liztid if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Liztid’s notice to you thereof; provided that, Liztid can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10 Disclaimer of Warranties.
The Website is provided “as is”. Liztid and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Liztid nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11 Limitation of Liability.
In no event will Liztid, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Liztid under this agreement during the twelve (12) month period prior to the cause of action. Liztid shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12 General Representation and Warranty.
You agree to indemnify and hold harmless Liztid, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Liztid and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Liztid, or by the posting by Liztid of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be a New Zealand court. Disputes can be referred to a sole arbitrator. If the parties cannot agree upon the arbitrator, the provisions of the Arbitration Act 1996 shall apply. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Liztid may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
110519 Thanks to WordPress.com for assistance with the above