Terms of Use
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1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Dhorxellzelghun, concerning your access to and use of our website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.
You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.
2. Intellectual Property Rights
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
The content and graphics on the website are provided for your personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the website and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
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; and your use of the website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website or any portion thereof.
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.
As a user of the website, you agree not to: systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; make any unauthorized use of the website, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; use the website to advertise or offer to sell goods and services; circumvent, disable, or otherwise interfere with security-related features of the website; engage in unauthorized framing of or linking to the website; trick, defraud, or mislead us and other users; make improper use of our support services or submit false reports of abuse or misconduct; engage in any automated use of the system; interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website; attempt to impersonate another user or person or use the username of another user; sell or otherwise transfer your profile; use any information obtained from the website in order to harass, abuse, or harm another person; use the website as part of any effort to compete with us or otherwise use the website for any revenue-generating endeavor or commercial enterprise; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; attempt to bypass any measures of the website designed to prevent or restrict access to the website; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you; delete the copyright or other proprietary rights notice from any content; copy or adapt the website's software; upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the website; use, launch, develop, or distribute any automated system that accesses the website; use the website in a manner inconsistent with any applicable laws or regulations.
5. 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, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material.
Contributions may be viewable by other users of the website and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights of any third party.
6. Contribution License
By posting your contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to 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, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing.
7. Services 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, in our sole discretion, 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 are in any way burdensome to our systems; and otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. 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.
9. 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. We may terminate your use or participation in the website or delete any content or information that you posted at any time, without warning, in our sole discretion.
10. 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, price change, suspension, or discontinuance of the website.
We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
11. 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.
12. Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Auckland, 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.
13. Corrections
There may be information on the website that contains typographical errors, inaccuracies, or omissions, 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.
14. 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, Trojan horses, or the like which may be transmitted to or through the website by any third party, any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
15. 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.
16. 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, any breach of your representations and warranties set forth in these Terms of Use, your violation of the rights of a third party, or any overt harmful act toward any other user of the website with whom you connected via the website.
17. 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.
18. Contact Us
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:
Dhorxellzelghun
Level 5, 12-16 Lorne Street
Auckland Central, Auckland 1010
New Zealand
Phone: +64 9 379 4567
Email: callme@dhorxellzelghun.world