Terms and Conditions

All use of the www.wmpbc.org.nz Web pages ("Wellington Model Power Boat Club") are subject to the terms and conditions set forth below. By accessing and using any portion of Wellington Model Power Boat Club or any service on Wellington Model Power Boat Club, you agree and accept the terms and conditions described below. These terms and conditions represent a binding contract between you and Wellington Model Power Boat Club. These terms and conditions are in addition to any other agreements between you and Wellington Model Power Boat Club. If you do not agree with any of these terms and conditions, please do not continue using Wellington Model Power Boat Club. If you are a registered user, you may be asked to click the User Agreement acceptance "button." The terms "you" or "User" refer to the person who completed the registration process or any visitor to Wellington Model Power Boat Club.

Wellington Model Power Boat Club reserves the right to change the terms of this User Agreement. Changes will be posted on the Wellington Model Power Boat Club Web site at http://www.wmpbc.org.nz/legal and will become effective immediately upon posting. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of Wellington Model Power Boat Club following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

Wellington Model Power Boat Club contains two types of content:

1. "Wellington Model Power Boat Clubs Own Content" means information entered into Wellington Model Power Boat Club by employees and authorized representatives of Wellington Model Power Boat Club.

2. "Other Content" means any other information entered into Wellington Model Power Boat Club by Users or other persons.

Use of Wellington Model Power Boat Club

Wellington Model Power Boat Club hereby grants you a non-exclusive, non-transferable license to access and use Wellington Model Power Boat Club for the fees (if any) and under the terms described in this Agreement. You agree that your use of Wellington Model Power Boat Club is solely for personal, non-commercial purposes. If accessing content that requires registration, only one person at a time may access Wellington Model Power Boat Club using the User's screen name and password without the prior consent of Wellington Model Power Boat Club. The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual Wellington Model Power Boat Club article appearing in Wellington Model Power Boat Club for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that Wellington Model Power Boat Club is the source of the material. For all other hard copy uses please contact Wellington Model Power Boat Club for information or instructions. In addition to any other restrictions on use contained in this Agreement, the User may not disseminate any portion of Wellington Model Power Boat Club through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Wellington Model Power Boat Club.

Except as expressly permitted in this Agreement, Wellington Model Power Boat Club may not be reproduced, transmitted, or distributed without Wellington Model Power Boat Clubs permission. The User may not commingle any portion of Wellington Model Power Boat Club with any other information and shall not edit, modify, or alter any portion. All of Wellington Model Power Boat Clubs Own Content is either the property of Wellington Model Power Boat Club or is licensed to Wellington Model Power Boat Club. The User shall honour all reasonable requests by Wellington Model Power Boat Club to protect Wellington Model Power Boat Clubs proprietary interests in Wellington Model Power Boat Club.

In addition, User may not:

1. use Wellington Model Power Boat Club for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of Wellington Model Power Boat Club, any data or content found on or accessed through Wellington Model Power Boat Club, or any other Wellington Model Power Boat Club information without prior express written consent of Wellington Model Power Boat Club;

3. obtain or attempt to obtain through any means any materials or information on Wellington Model Power Boat Club that has not been intentionally made publicly available either by public display on Wellington Model Power Boat Club or through accessibility by a visible link on Wellington Model Power Boat Club;

4. violate any measure employed to limit or prevent access to Wellington Model Power Boat Club or its content;

5. violate the security of Wellington Model Power Boat Club or attempt to gain unauthorized access to Wellington Model Power Boat Club, data, materials, information, computer systems or networks connected to any server associated with Wellington Model Power Boat Club, through hacking, password mining or any other means;

6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;

7. interfere with, attempt to interfere with or otherwise disrupt the proper working of Wellington Model Power Boat Club, any activities conducted on or through Wellington Model Power Boat Club or any servers or networks connected to Wellington Model Power Boat Club, including accessing any data, content or other information prior to the time that it is intended to be available to the public on Wellington Model Power Boat Club;

8. take or attempt any action that, in the sole discretion of Wellington Model Power Boat Club, imposes or may impose an unreasonable or disproportionately large load or burden on Wellington Model Power Boat Club or the infrastructure of Wellington Model Power Boat Club.

9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;

10. disobey any requirements, procedures, policies or regulations of networks connected to Wellington Model Power Boat Club;

11. use Wellington Model Power Boat Club to stalk or harass another.

The User's Content

The User grants to Wellington Model Power Boat Club the non-exclusive right to use all material entered into Wellington Model Power Boat Club by the User (other than third-party material transmitted through private electronic mail) in any of The Wellington Model Power Boat Club print or electronic publications.

Users entering material into Wellington Model Power Boat Club are responsible for the content of that material. Wellington Model Power Boat Club has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect Hyperlinks from Wellington Model Power Boat Club. However, Wellington Model Power Boat Club retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which Wellington Model Power Boat Club deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.

You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through Wellington Model Power Boat Club that:

1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of Wellington Model Power Boat Club, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;

2. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

6. is harmful to minors.

If you see any violations of these terms and conditions on Wellington Model Power Boat Club, please contact us immediately.

The User agrees to indemnify Wellington Model Power Boat Club from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Wellington Model Power Boat Club, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into Wellington Model Power Boat Club with the use of the User's screen name or password. Wellington Model Power Boat Club reserves the right to assume the exclusive defence and control of any such matter for which the User has agreed to indemnify Wellington Model Power Boat Club in which event the User shall have no further obligation to indemnify with respect to that particular matter.

NO WARRANTIES/LIMITATIONS ON LIABILITY

ALL THE INFORMATION CONTAINED IN WELLINGTON MODEL POWER BOAT CLUB IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. WELLINGTON MODEL POWER BOAT CLUB MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, WELLINGTON MODEL POWER BOAT CLUB IS FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR OWN FINANCIAL ADVISOR OR OTHER PROFESSIONALS.

NEITHER WELLINGTON MODEL POWER BOAT CLUB NOR THEIR THIRD PARTY LICENSOR'S MAKES ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING WELLINGTON MODEL POWER BOAT CLUB, WELLINGTON MODEL POWER BOAT CLUBS OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH WELLINGTON MODEL POWER BOAT CLUB. NEITHER WELLINGTON MODEL POWER BOAT CLUB NOR THEIR THIRD PARTY LICENSOR'S SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THERE FROM. IN NO EVENT WILL WELLINGTON MODEL POWER BOAT CLUB, NOR ANY OF THEIR THIRD PARTY LICENSOR'S BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF WELLINGTON MODEL POWER BOAT CLUB USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST WELLINGTON MODEL POWER BOAT CLUB OR ANY OF ITS THIRD PARTY LICENSOR'S ARISING OUT OF RELATING TO USE OF WELLINGTON MODEL POWER BOAT CLUB SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO WELLINGTON MODEL POWER BOAT CLUB FOR USE OF WELLINGTON MODEL POWER BOAT CLUB DURING THE PREVIOUS TWELVE (12) MONTHS (OR IF YOU HAVE SUBSCRIBED FOR FEWER THAN TWELVE (12) MONTHS, DURING THE TIME SINCE THE USER'S SUBSCRIPTION BEGAN).

Registration

As part of the registration process, you must select a screen name and password and provide Wellington Model Power Boat Club with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.

Privacy Policy

Wellington Model Power Boat Club may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from Wellington Model Power Boat Club that may be of interest to you. In addition, Wellington Model Power Boat Club may provide aggregated, anonymous statistical information about Wellington Model Power Boat Club users to other persons, including potential advertising clients.

Term and Termination

Wellington Model Power Boat Club shall have the right to immediately terminate this Agreement in the event of any breach by a User of this Agreement. Wellington Model Power Boat Club may discontinue or change Wellington Model Power Boat Club, or its availability to you, at any time and for any reason.

General

This Agreement constitutes the entire agreement between the parties relating to Wellington Model Power Boat Club and supersedes any and all other agreements, oral or in writing, with respect to Wellington Model Power Boat Club. The failure of Wellington Model Power Boat Club to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of New Zealand, as if the Agreement was a contract wholly entered into and wholly performed within New Zealand.

Additional Terms of Use

Wellington Model Power Boat Club text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Wellington Model Power Boat Club materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Wellington Model Power Boat Club will not be held liable in any way to the User or to any third party or to any other person who may receive information through Wellington Model Power Boat Club or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.