Terms of Service
By using Xlibris NZ, you're agreeing to abide by the Terms of Service below. These Terms of Service are designed to make Xlibris NZ a friendly and safe environment for everyone, and to allow us to take action if anyone uses inappropriate language, makes a harassing statement, or otherwise makes themselves a nuisance to others.
1. Description of Service
Xlibris NZ currently provides users with access to online resources, including online forums, shopping services, and member homepages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Xlibris NZ properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "as is" and that Xlibris NZ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
From time to time Xlibris NZ may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on Xlibris NZ to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for Xlibris NZ, you will be required to provide Xlibris NZ with information such as your email address. Except as provided herein, Xlibris NZ will not sell to any third party your name, address, email address and/or member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Xlibris NZ allows access to database information by third parties providing technical services, such as email, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these terms. Your informed consent shall be in the form of an "opt in" or similar policy. You understand and agree that Xlibris NZ may disclose to third parties your ZIP code, gender and/or age, but only in the form of aggregated information. Xlibris NZ reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by Xlibris NZ.
Xlibris NZ reserves the right to terminate your Xlibris NZ community account if Xlibris NZ learns that you have provided Xlibris NZ with false or misleading registration information.
Xlibris NZ reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access Xlibris NZ and/or any other service provided to you by Xlibris NZ including any email account upon any breach by you of the Terms of Service.
5. Modifications of these Terms of Service
Xlibris NZ may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Xlibris NZ, you will be deemed to have accepted any such changes.
6. Modifications of Xlibris NZ Site
Xlibris NZ may modify or discontinue the Xlibris NZ website with or without notice to you and without liability to you or any third party.
7. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. Xlibris NZ reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Xlibris NZ is to be used by you for your personal use only. Commercial uses of Xlibris NZ are strictly prohibited unless prior written consent from Xlibris NZ has been granted. You agree that you will not use Xlibris NZ for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Xlibris NZ to send or post on message boards or any place on Xlibris NZ, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Xlibris NZ reserves the right to delete any such material from Xlibris NZ. Xlibris NZ will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Xlibris NZ. You further agree not to use an inappropriate member name of any kind. You agree not to post or use Xlibris NZ to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Xlibris NZ permits users to view content on the website that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Xlibris NZ, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Xlibris NZ is not protected by Rights rests with you. All trademarks and copyrights within Xlibris NZ belong to their respective owners. All postings/comments are owned by the person who posted/commented. All other content ©2007-2019 Xlibris NZ. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON Xlibris NZ, YOU HEREBY EXPRESSLY PERMIT Xlibris NZ TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY Xlibris NZ IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through Xlibris NZ from other persons not affiliated with Xlibris NZ ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Although we do our best to carefully screen potential advertisers and sponsors, Xlibris NZ makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Xlibris NZ nor will Xlibris NZ be construed as a party to such transactions, whether or not Xlibris NZ may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
10. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Xlibris NZ of any unauthorized use of your registration or password.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Xlibris NZ IS AT YOUR SOLE RISK. Xlibris NZ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Xlibris NZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Xlibris NZ MAKES NO WARRANTY THAT Xlibris NZ WILL MEET YOUR REQUIREMENTS, OR THAT Xlibris NZ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Xlibris NZ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Xlibris NZ. Xlibris NZ WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF Xlibris NZ. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Xlibris NZ IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT Xlibris NZ DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH Xlibris NZ. Xlibris NZ IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Xlibris NZ NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Xlibris NZ, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Xlibris NZ ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. Xlibris NZ SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN Xlibris NZ IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Xlibris NZ OR THROUGH Xlibris NZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Xlibris NZ MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Xlibris NZ OR ANY TRANSACTIONS ENTERED INTO THROUGH Xlibris NZ. Xlibris NZ IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE Xlibris NZ'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Xlibris NZ with respect to such sites.
12. Limitation of Liability
Xlibris NZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Xlibris NZ OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Xlibris NZ OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Xlibris NZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Email Message Storage
Xlibris NZ assumes no responsibility for the deletion of or failure to store email messages.
You agree to indemnify and hold each of Xlibris NZ, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Xlibris NZ, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
15. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without giving effect to its conflict of laws provisions.
17. Remedies for Breach of these Terms by You
In the event that Xlibris NZ determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Xlibris NZ, Xlibris NZ reserves the right to (i) warn you via email that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to Xlibris NZ, (iii) delete all content provided by you to Xlibris NZ, (iv) discontinue your registration with Xlibris NZ and/or any other Xlibris NZ community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Xlibris NZ deems to be appropriate.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Xlibris NZ may assign its rights and obligations under these Terms of Service and upon such assignment Xlibris NZ may be relieved of any further obligation hereunder. You represent to Xlibris NZ that you have the authority to register with Xlibris NZ according to these Terms of Service. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Xlibris NZ by Xlibris NZ) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Xlibris NZ, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.