Terms of Use

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1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Shaklyradhit ("Company," "we," "us," or "our") concerning your access to and use of our website and services. By accessing or using our website, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these terms, you must not access or use the website.

2. Intellectual Property Rights

Unless otherwise indicated, the website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Shaklyradhit, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are permitted to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use

3. User Representations

By using the website, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information as necessary
You have the legal capacity and you agree to comply with these Terms of Use
You are not a minor in the jurisdiction in which you reside
You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
You will not use the website for any illegal or unauthorized purpose
Your use of the website will not violate any applicable law or regulation

4. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include, but are not limited to:

Systematically retrieving data or other content from the website to create or compile a collection, database, or directory
Making any unauthorized use of the website, including collecting usernames and email addresses by electronic or other means
Using the website to advertise or offer to sell goods and services without our express written consent
Circumventing, disabling, or otherwise interfering with security-related features of the website
Engaging in unauthorized framing of or linking to the website
Tricking, defrauding, or misleading us and other users
Making improper use of our support services or submitting false reports of abuse or misconduct
Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website
Attempting to impersonate another user or person or using the username of another user
Selling or otherwise transferring your profile
Using any information obtained from the website in order to harass, abuse, or harm another person
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the website
Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the website to you
Deleting the copyright or other proprietary rights notice from any content
Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the website

5. Services and Content

The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. We reserve the right to limit the availability of the website or any service or product described thereon to any person, geographic area, or jurisdiction at any time and in our sole discretion.

We make no representations that the website or any of its content is appropriate or available for use in locations outside New Zealand. Access to the website from territories where its content is illegal is prohibited. If you choose to access the website from other locations, you do so on your own initiative and are responsible for compliance with local laws.

6. User Generated Contributions

The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website. Any contributions you transmit may be treated as non-confidential and non-proprietary.

7. Contribution License

By posting your contributions to any part of the website, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such contributions for any purpose, commercial, advertising, or otherwise.

8. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third-Party Websites and Content

The website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites or Third-Party Content.

10. Website Management

We reserve the right, but not the obligation, to:

Monitor the website for violations of these Terms of Use
Take appropriate legal action against anyone who violates the law or these Terms of Use
Refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof
Remove from the website or otherwise disable all files and content that are excessive in size or burdensome to our systems
Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website

11. Privacy Policy

We care about data privacy and security. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the website is hosted in New Zealand. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in New Zealand, then through your continued use of the website, you are transferring your data to New Zealand, and you agree to have your data transferred to and processed in New Zealand.

12. Term and Termination

These Terms of Use shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the website.

14. Governing Law

These Terms of Use and your use of the website are governed by and construed in accordance with the laws of New Zealand applicable to agreements made and to be entirely performed within New Zealand, without regard to its conflict of law principles.

15. Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts of New Zealand, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

16. Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

17. Disclaimer

The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to the website and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the website, any unauthorized access to or use of our secure servers, any interruption or cessation of transmission to or from the website, any bugs, viruses, or the like which may be transmitted to or through the website by any third party, or any errors or omissions in any content and materials.

18. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the website, breach of these Terms of Use, or breach of your representations and warranties set forth in these Terms of Use.

20. User Data

We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us:

By email: callme@shaklyradhit.world
By phone: +64 4 499 2267
By mail: Level 9, 33 Federal Street, Auckland CBD 1010, New Zealand