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LIABILITY
DISCLAIMER FOR OVERFIFTIES.COM and
Acceptable Terms of use and Privacy Policy for Chatroom and Discussion
Board Rules and the complete Overfifties.com site.
Special notice:
NB. You must be over 21 years of age to enter and use the Overfifties.com
site.
Read carefully.
We wish to welcome you to Overfifties.com an Internet site for the Overfifties.
a.
PLEASE NOTE THAT NO LINKS OR ADVERTISING OR PROMOTIONS OF ANY INTERNET
SITES OF ANY KIND ARE TO BE PLACED BY ANY USER ANYWHERE WITHIN THE OVERFIFTIES.COM
SITE, INCLUDING THE CHAT ROOMS OR DISCUSSION BOARDS. SHOULD ANY USER
DO SO, THE IP ADDRESS WILL BE RECORDED AND THE HOLDER OF SUCH ADDRESS
WILL BE CONTACTED AND PROSECUTED FORTHWITH FULLY FOR ANY SUCH ACTION.
b.
PLEASE NOTE THAT SHOULD ANY RECRUITING OR POACHING OR COLLECTING OF
EMAILS OF OVERFIFTIES.COM MEMBERS OR USERS BY ANY PERSON TAKE PLACE
ANY WHERE WITHIN THE SITE, INCLUDING THE DISCUSSION BOARDS OR CHAT ROOMS,
THE IP ADDRESS OF ANY SUCH USER WILL RECORDED AND THE HOLDER OF SUCH
ADDRESS WILL BE CONTACTED AND PROSECUTED FORTHWITH FULLY FOR ANY SUCH
ACTION.
c.
ANY BANNING OF A VISITOR FROM ANY WHERE WITHIN THE OVERFIFTIES.COM SITE
BY ANY MONITOR IS BINDING AND THE DECISION IS FINAL, AND NO CORRESPONDENCE
WILL BE ENTERED INTO NOR WILL OVERFIFTIES BE OBLIGED TO EXPLAIN SUCH
BANNING.
d.
For the Chatroom and Discussion Board and Library and the complete overfifties.com
site, we make it clear that the opinions
(Herein known as Chats) expressed by chats participants are theirs.
To
both Chatroom and Discussion Board participants,
these ficilaties are provided by Overfifties to allow you to express
your views and opinions, for the exchange of ideas, and special interest
groups.
Overfifties.com take no responsibility for these opinions and do not
endorse them. Overfifties.com is
provided with an annual cost to the user but may ALTER OR EDIT OR REMOVE
any postings or contribution at any time or place anywhere with in the
Overfifties.com site.eg Library etc. You acknowledge that there is a
risk that a third party may access your numbers or information provided
by participants and you agree to not in any way hold Overfifties.com
responsible and therefore the participant agrees by entering Overfifties.com
site to do so at there own risk.
e.
Overfifties.com may sometimes use the information we collect about any
one to process any orders, inform you of any prize winnings, and to
provide a more personalized relationship. Overfifties.com has a firm
commitment to privacy issues.
You understand that there is a possibility that another
party will try to contact you or 'harass' you and any information is
disclosed at your own risk and it is the sole responsibility of participants
to decide the validity or correctness of any advice that may be posted
or given and NOT HOLD OVERFIFTIES.COM IN ANY WAY RESPONSIBLE FOR
ANY POSTINGS OR THE ENFORCEMENT OF ANY PART OF THESE RULES.
f.
However from time to time, we may conduct online surveys, or run a contest
for promotional purposes, during which, we may ask You for contact information
(like mail addresses) and demographic information (like zip code, age,
or income level).
We use this information to send consumers information about overfifties.com
and also any contest details. We understand, though, that you may not
want to participate in these surveys or contests, but may want us to
send you mail accordingly as part of these surveys or contests, we will
always give You the option of declining to receive information from
overfifties.com. Remember if you don't want to receive mail, just let
us know, and we will do our best to remove it.
g.
Overfifties.com contains many links to other sites. Overfifties.com
is not responsible for the privacy practices, or copyright of any content
of such Web sites.
Overfifties.com may share information you provide with the sites to
which overfifties.com links, although overfifties.com including aggregate
data with such sites (such as how many use our site). Please check with
those other sites to determine their privacy policy.
h.
Overfifties.com disclaims any responsibility for the content of third
party materials provided through or on this site. Unfortunately, no
data transmission over the Internet can be guaranteed to be 100% secure.
As a result, while we strive to protect your personal information, overfifties.com
cannot ensure or warrant the security of any information you may transmit
to us from our online site or email or online services, and you do so
at your own risk.
Once we receive your transmission, we make our best effort to ensure
its security on our systems. Overfifties.com does desire to respect
all copyrights as referred to in our submission contract available on
this site. WE STRONGLY ADVISE THAT YOU DO NOT DIVULGE YOUR PASSWORD
TO ANY ONE.
i. Overfifties.com do not want your password infomation. This is to
do our best ensure that others cannot access your personal information
and correspondence if you share your computer with someone else, or
are using a computer in a public place like a library or Internet cafe.
j. All software and content of this site is the Property of Overfifties.com
Ltd and is copyright World Wide. The assumption should not be made that
Overfifties.com is error free. We carry out our best endeavors to offer
correct information. Overfifties.com take no responsibility for any
extraneous hits on Overfifties.com. Some
of the sites may be misleading or objectionable. Overfifties.com
do not take responsibility for that. Any
Legal action against Overfifties.com is to be dealt with under New Zealand
Jurisdictions and Courts of Law in New Zealand.
You agree to indemnify and hold Overfifties.com, its officers, directors,
owners, agents and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any party due to or arising out
of your use of the Overfifties.com site. The violation of these terms
and conditions by you, or the infringement by you, or other user of
the Overfifties.com site using your computer, or any intellectual property
by another person or entity shall not hold Overfifties.com liable.
Any copyrighted information on the Overfifties.com site may unknowingly
contain material that has been copied from another individual or entity.
Should You be aware
of information on this site that is copyrighted, please contact Overfifties.com
immediately. Therefore, by using this Overfifties.com site you agree
to indemnify and hold Overfifties.com, its officers, directors, owners,
agents and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any party due to or arising out of your use
of the Overfifties.com site.
k. All opinions expressed by chats participants are theirs. Overfifties.com
take no resp
nsibility
for these opinions and do not endorse them. Please read the rules, then
use these chats at your own risk. The following is what you agree to
by participating in chats.
You must be over 21 years of age. No porn, abuse, or harassing of other
uses, crime of any kind or defamation, slander, libel, religious or
anti religious comments, racism, violence, fraud, continued use of other
languages other than English, or a deliberate posting to the wrong section,
or using other handles already in use by others (impostors).
l. Any abuse will result in us trying to block your acces to the site,
and are no longer able to use this site. There could be a fee of some
$50.00 to be unlocked, and this unlocking is solely at the discretion
of overfifties.com. Abuse is decided by overfifties.com who reads your
postings. You agree to abide by the decision of overfifties.com, which
is final, and there is no appeal. Complaints from other uses may also
cause the Webmaster to block you. In some cases overfifties.com will
contact your Internet access provider to get your account canceled,
should your abuse violate your Internet provider's terms and conditions.
All uses of chats agree and hold harmless overfifties.com from all claims,
causes of action, costs, damages and liabilities arising from or relating
to the site and the use of the site. Uses agree (as demonstrated by
their use of the service) to indemnify and hold harmless overfifties.com
against any claims (including libel and slander) arising from the use
of the service, and to waive all defense against claims by overfifties.com.
m.
Overfifties.com provides this site with an annual cost to the user
and undertakes no responsibility to provide a 'continual uninterupted
trouble free service', and Overfifties.com will not be obligated to
return any fees or part there of to any members or users for any reason.
Overfifties.com
may screen or review any items that appear as a result of this use.
Overfifties.com assumes no responsibility or liability express or implied
for the content of any posting that appears. Each user is responsible
for complying with the rules of use.
Overfifties.com expressly disclaims any and all warranties, express
or implied, as to the truthfulness of the postings, and specifically
disclaims any and all express or implied warranties of merchantability
or fitness for any particular purpose or use.
n.
Overfifties.com can not undertake or guarantee that the site is error
free or infected by a virus of any type. Overfifties.com
shall have no liability for accuracy of the information contained in
the service, or the content of any postings, or for the action taken
based an any posting.
Overfifties.com shall have no liability for the accuracy of the information
contained in the service, or the content of the postings, or for any
action taken on any posting.
Overfifties.com reserves the right to remove any postings at any time,
to block postings by any user, and to discontinue or modify the service
with out warning.
Overfifties.com shall not be liable to any other party claims or losses
of any nature, including but not limited to, lost profits, punitive
or consequential damages. Chats uses who are blocked for violation of
these rules agree to pay the costs, should it be necessary for overfifties.com
to turn their accounts to a collection agency or attorney for collection.
Circumstances where overfifties.com will do so include, but are not
limited to, declined credit cards unresolved after two days and the
accounts due over 29 days.
o.
Should any of the above conditions transpire to be unenforceable, that
that condition should be reconstructed in a manner consistent with the
laws in New Zealand and reworded in such a way to be in line with what
was originally intended by Overfifties.com. Any litigation what so ever
arrising from the terms and conditions and any legal matter arrising
from the use of this site are to be conducted in New Zealand and subject
to the Legal process in that country.
p.
Photos and material submitted to Overfifties.com become the property
of overfifties, and therefore can be used and displayed any where within
the Overfifties.com site including the Home Page.
q. Please note it is necessary to read this statement in its entirety
and as one document and that ultimately You are solely responsible for
maintaining the secrecy of your personal information, passwords, and
or any account information. Please be careful and responsible whenever
you're online.
IF
YOU DO NOT AGREE WITH THESE TERMS DO NOT PAY THE JOINING FEE OR ENTER
THE OVERFIFTIES.COM SITE INCLUDING DISCUSSION BOARD OR
CHAT ROOMS.
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