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Terms of Use

Last modified: 05/03/2007 10:54 PM
Indica et Buddhica Terms of Use.
INDICA ET BUDDHICA - TERMS OF USE

indica-et-buddhica.org (http://indica-et-buddhica.org/) (the
``Service'') is provided by Indica et Buddhica (the ``Service
Provider''), whose postal address is Littledene, Bay Road, Oxford, New
Zealand. The Service can be accessed by any person whose registration
has been accepted and remains valid (the ``Member'') free of
charge. Before you register to become a Member, please read these
terms and conditions carefully. You will be required to agree to these
terms and conditions before using the Service. If you do not agree to
these terms and conditions, you may not register.

The Service is not intended for users under the age of 18 and Service
Provider does not knowingly collect personally identifiable
information from users under the age of 18. Such users are expressly
prohibited from submitting their personally identifiable information
to us, and from using our forums and chat areas; any information
submitted by such users will not knowingly be used, posted or retained
by Service Provider.

INDICA-ET-BUDDHICA.ORG INSTALLATION USER AGREEMENT

The following User Agreement (``Agreement'') governs the use of the
Service, including participation in its bulletin boards, forums, and
other services, as provided by the Service Provider. Please read the
rules contained in this Agreement carefully. If you cannot agree with
these rules, please do not use the Service.

These terms may be modified from time to time; the date of the most
recent revisions will appear on this page. Continued access of the
Service by you will constitute your acceptance of any changes or
revisions to the Agreement.

Your failure to follow these rules, whether listed below or in
bulletins posted at various points in the Service, may result in
suspension or termination of your access to the Service, without
notice, in addition to Service Provider's other remedies.

USE OF PASSWORD

Your right to use the Service is personal to you -- you may not
authorise others to use the Service, and you are responsible for all
use by you and those you allow to use the Service. You may not
sub-license, transfer, sell or assign this Agreement to any third
party without our written approval. Any attempt to do so will be null
and void and shall be considered a material breach of this Agreement.

You will be solely responsible for maintaining the confidentiality of
your password. You are solely responsible for all usage or activity on
your account including, but not limited to, use of the account by any
person who uses your user ID and password.

If you have reason to believe that your account is no longer secure
(for example, in the event of a loss, theft, or unauthorised
disclosure or use of your user ID, password or any credit, debit or
charge card number stored on the Service), you must promptly change
your password and notify Service Provider of the problem by contacting
the Service System Administration at: sysadmin [add `at']
indica-et-buddhica.org.

USE OF THE SERVICE BY YOU

You agree not to use any obscene, indecent or offensive language or to
place on the Site any material that is defamatory, abusive, harassing
or hateful. Further, you may not place on the Service any material
that is encrypted, constitutes junk mail or unauthorised advertising,
invades anyone's privacy, or encourages conduct that would constitute
a criminal offence, give rise to civil liability, or that otherwise
violates any local, state, national or international law or
regulation. You agree to use the Service only for lawful purposes, and
you acknowledge that your failure to do so may subject you to civil
and criminal liability.

You are responsible for ensuring that any material you provide to the
Service or post on a bulletin board or forum, including but not
limited to text, photographs and sound, does not violate the
copyright, trademark, trade secret or any other personal or
proprietary rights of any third party or is posted with the permission
of the owner(s) of such rights.

All materials included in the Service are provided strictly for the
purposes of research or private study by each individual user. The
Service contains copyrighted and other proprietary information. You
may not in any way make commercial or other unauthorised use, by
publication, re-transmission, distribution, performance, caching or
otherwise, of material obtained through the Service, except as
permitted by the Copyright Act 1994 (New Zealand) or other law or as
expressly permitted in writing by this Agreement, Service Provider or
the Service.

You agree not to disrupt, modify or interfere with the Service, or its
associated software, hardware, and/or servers in any way, and you
agree not to impede or interfere with others' use of the Service. You
further agree not to alter or tamper with any information or materials
on or associated with the Service.

Other than connecting to Service Provider's servers by HTTP requests
using a Web browser, you my not attempt to gain access to Service
Provider's servers by any means - including, without limitation, by
using administrator passwords or by masquerading as an administrator
while using the Service or otherwise.

You acknowledge that Service Provider has not reviewed and does not
endorse the content of all sites linked to/from the Service and is not
responsible for the content or actions of any other sites linked
to/from the Service. Your linking to any service or site is at your
sole risk.

USE OF MATERIAL SUPPLIED BY YOU

By posting messages, uploading files, inputting data, or engaging in
any other form of communication through the Service, you grant us a
royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sub-license any
such communication (including your identity and information about you)
in any medium (now in existence or hereinafter developed) and for any
purpose, including commercial purposes, and to authorise others to do
so.

COPYRIGHT COMPLAINTS

Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access
of and take other action against users, subscribers, registrants and
account holders who infringe the copyright rights of others.

MATERIALS POSTED BY OTHERS

You agree that the Service Provider and its third party service
providers are not responsible, and shall have no liability to you,
with respect to any information or materials posted by others,
including defamatory, offensive or illicit material, even material
that violates this Agreement.

COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER

Service Provider does not necessarily endorse, support, sanction,
encourage, verify or agree with the comments, opinions or statements
posted on bulletin boards, forums or otherwise contained in the
Service. Nor does Service Provider or its third party providers make
any warranties with respect to any of the merchandise featured or
mentioned in the Service. Any information or material placed on-line,
including advice and opinions, are the views and responsibility of
those who post the statements, or those who actually sell any
merchandise, and do not necessarily represent the views of the Service
Provider or its third party providers.

EDITING AND DELETIONS

The Service Provider reserves the right, but undertakes no duty, to
review, edit, move, or delete any material provided for display or
placed on the Service or its bulletin boards, in its sole discretion,
without notice.

ADDITIONAL RULES

Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Service,
Such additional rules will be posted in the relevant parts of the
Service, and will be clearly identified. Your continued use of the
Service constitutes your agreement to comply with these additional
rules.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE IS PROVIDED ``AS IS'', AND SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR
PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES AND ITS
THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS
TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR
THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR
ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR
RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR
MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR
THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED
(``CLAIMS''), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THIS SITE.

TERMINATION OF ACCESS TO THE SERVICE

Service Provider has the right to terminate your ability to access the
Service, for any reason, without notice.

JURISDICTION

Service Provider makes no representation that materials on the Service
are appropriate, available or legal in any particular location. Those
who choose to access the Service do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and
construed in accordance with the laws of New Zealand applicable to
contracts to be wholly performed therein, and any action based on or
alleging a breach of this Agreement must be brought in a court in New
Zealand. In addition, you agree to submit to the personal jurisdiction
and venue of such courts.

FORCE MAJEURE

Service Provider shall not be liable for delays in performing or
failure to perform this Agreement or any obligations hereunder, which
are directly attributable to causes beyond its reasonable control,
including, but not limited to, acts of God, fires, strikes, labour
disputes, war, acts or intervention by any governmental authority,
failure of a common carrier, supplier, hardware, software, browser, or
communications equipment, or network failure, congestion, or
malfunction.

If you don't agree to the terms contained in this Agreement, please
exit the Service.


Last review: Fri May 4 10:49:19 NZST 2007

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