The following Terms of Use outline your obligations when using the Paydirt websites.
The web pages available at Paydirt and it's child sites (paydirt.co.nz), and all linked pages (“Site”), are owned and operated by Gavin Harriss, and is accessed by you under the Terms of Use described below (“Terms of Use”).
Please read these terms of use carefully before using Paydirt or its services. By accessing Paydirt or using any part of the Site you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access Paydirt, or use the content or any services offered. Paydirt’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Paydirt, acceptance is expressly limited to these terms.
We may revise these terms from time to time. If the revision, at our sole discretion, is considered a material change we will notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modifications. Use of the Services after such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Subject to full compliance with the Terms of Use, Paydirt may offer to provide certain services and content, as described more fully on the Site, (“Services”). Paydirt may change, suspend or discontinue the Services including any content (including, but not limited to text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, including the availability of any feature or content. Paydirt may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You may not (i) select or use as a Paydirt User ID a name of another person with the intent to impersonate that person; (ii) use as a Paydirt User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Paydirt User ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a Paydirt User ID at our discretion; if you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for maintaining the confidentiality of your Paydirt password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 13 years old, do not attempt to register or use the Services.
Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Paydirt. We respect other people’s rights and we expect you to do the same.
By way of example, and not as a limitation, you agree not to use the Services:
Paydirt may remove any content and Paydirt accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Use abuse, please use the contact form.
You are solely responsible for your interactions with other users of the Site. Paydirt reserves the right, but has no obligation, to monitor disputes between you and other users.
By creating and posting content to Paydirt, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the content by Paydirt in any context. To clarify, the above does not apply to the content on external sites linked to by the original submission.
Paydirt respects the intellectual property of others. It is Paydirt’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of legally compliant notices, Paydirt may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Paydirt will terminate access for subscribers and account holders who are repeat infringers.
Notifying Paydirt of Copyright Infringement: To provide Paydirt notice of an infringement, you must provide a written communication using the contact form. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Paydirt with Counter-Notification: If you feel that your material does not constitute infringement, you may provide Paydirt with a counter notification by written communication using the contact form that sets forth all of the necessary information. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
You will indemnify and hold harmless Paydirt, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Paydirt User ID, of any intellectual property or other right of any person or entity.
You acknowledge that Paydirt has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Paydirt from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Paydirt makes no representations concerning any content contained in or accessed through the Site or Services, and Paydirt will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Paydirt has no control over such sites and resources, you acknowledge and agree that Paydirt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Paydirt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Neither Paydirt nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site. Transactions for any such item shall be between the user and the third party seller, without any involvement of Paydirt or its third party service providers. You agree that Paydirt and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive or illicit items, or items that violate this Agreement.
In no event shall Paydirt or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages.
Paydirt may terminate or suspend any and all Services and your Paydirt account immediately, without prior notice or liability, if Paydirt has a reasonable belief that you may have breached any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Paydirt account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Paydirt in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Paydirt shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Paydirt’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Paydirt’s prior written consent. Paydirt may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.