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SU Publishing Ltd / Sport Unleashed ("Sport Unleashed") web site Terms and Conditions of Use and Legal Restrictions

ATTENTION: The following terms and conditions of use, legal restrictions and privacy policy ("Terms and Conditions") apply to the content and use of this website ("the Site"), including any of the services available on or through the Site. Please read carefully before using the Site. By using the site, you expressly agree to these Terms and Conditions, and that these Terms and Conditions supercede the Terms and Conditions of use related to this site in any private agreement, whether written or oral. If you do not agree to these Terms and Conditions, do not use the Site.

These Terms and Conditions supplement the applicable provider, client and member contracts, policies and benefit plans, and represent the complete agreement between the parties concerning the subject matter hereof. Sport Unleashed may modify these Terms and Conditions at any time by publication on this Site. Your continued use of the Site following notice of any such modification will be conclusively deemed to constitute acceptance of the revised terms of these Terms and Conditions. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of these Terms and Conditions. Failure to insist on strict performance of any term of these Terms and Condition will not operate as a waiver of subsequent default or failure of performance. No waiver of any term of these Terms and Conditions will be valid unless in writing and acknowledged in writing or electronically by both parties.


Privacy Policy

Your privacy is very important to us, so at Sport Unleashed. We carefully guard your confidential, individual-identifiable information (commonly referred to as your "personal information"). Personal information includes information that identifies you, such as your name, address, telephone number, e-mail address, and date of birth, and other information related to you.

We require any organisation that provides support services to Sport Unleashed to maintain the confidentiality of your personal information, and reserve the right to audit them for compliance. Sport Unleashed clients, business partners and vendors and other third parties who choose to submit confidential information through the Site remain responsible for obtaining any necessary legal consent to transmit the information to Sport Unleashed through the Site and by traditional communication methods.

Please note that Sport Unleashed does not guarantee the confidentiality of any communication or material sent to/from Sport Unleashed through the Site. Sport Unleashed undertakes to comply with all information privacy laws that apply to us. Consistent with our respect for you and your privacy, we will not share your personal information without your permission.

Sport Unleashed does not sell, lease or license your personal information to other companies unless you give your permission. Sport Unleashed may, in its sole discretion, use what is known as "cookie" technology. A "cookie" is a data element sent to your browser by a web site when you link to that web site. By assigning a unique data element to each visitor, the web site is then able to recognise repeat users and track usage patterns to better serve visitors when they return to that web site and to improve the performance and content of our Site. The cookie does not extract personal information, and most browsers provide a simple procedure that enables users to control whether they want to receive cookies or notifies them when a web site is about to deposit a cookie file. Sport Unleashed may collect aggregate, anonymous information to help diagnose problems with our server, to measure the use of our web site content, to administer our web site or for future commercial value.

Sport Unleashed strives to protect the control of the Site, within the constraints of current Internet technology. However, the e-mail facilities at the Site do not provide a means for completely secure and private communications. Like most, if not all, non-encrypted Internet e-mail communications, your e-mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to Sport Unleashed. For that reason, to protect your privacy, please do not use e-mail to communicate information to Sport Unleashed that you consider to be confidential. If you wish, you many contact Sport Unleashed instead via telephone at the numbers provided at various locations on the Site.  You agree that any comments, suggestions or other information sent to Sport Unleashed by way of the Site are provided without restriction or obligation on Sport Unleashed, and Sport Unleashed will be free to use such information on an unrestricted basis, except as described above with respect to "Personal Information."

You also agree to use the Site and submit information at your own risk, and that Sport Unleashed has no liability with respect to any unauthorised access by third parties, including, but not limited to, hackers. You are responsible for whatever material you submit, and you, not Sport Unleashed, have full responsibility for any submitted message, including its legality, reliability, appropriateness, originality, and copyright.

If our privacy policy changes with respect to the information we collect through the Site or our use of information you volunteer to us, we will post the changes on the Site.

General

The content in the Site is provided for lawful purposes only. Unless otherwise stated herein:
  1. permission is given to view, print and use the content in this Site only for your personal, non-commercial home use, provided that no copyright, service/trademark, or other proprietary notices which accompany any such content are deleted or changed;
  2. content in this Site may not be copied, reproduced, transmitted, displayed, downloaded, uploaded, posted, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Sport Unleashed's prior written consent;
  3. use of the content in this Site for any other purpose violates Sport Unleashed’s intellectual property rights;
  4. Recognising 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 Australia, New Zealand or the country in which you reside.
  5. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sport Unleashed has no control over such sites and resources, you acknowledge and agree that Sport Unleashe 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 Sport Unleashe 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.

Member Services.

Sport Unleashed intends to provide users with access to a rich collection of on-line resources, including various communications tools and online forums, digital back issues and more. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new Sport Unleashed properties, shall be subject to the Terms and Conditions. You understand and agree that services provided on the Site are "AS-IS" and that Sport Unleashed assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

Member Registration Obligations.

In consideration of your use of the Site, you agree to:
  • provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sport Unleashed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sport Unleashed has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Member Account, Password & Security.

Members will receive a password and account designation upon completing the registration process and paying the applicable fee. Members are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under such password or account. Members agree to:

  1. immediately notify Sport Unleashed of any unauthorised use of their password or account or any other breach of security; and
  2. ensure that members exit (log off) from their account at the end of each session. Sport Unleashed cannot and will not be held liable for any loss or damage arising from your failure to comply with this requirement.

Member Conduct.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sport Unleashed, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site.Sport Unleasheddoes not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sport Unleashedbe liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.You agree to not use the Site to:

  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an Sport Unleashed official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes";
  8. upload, post, email or otherwise transmit any material that 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;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  12. "stalk" or otherwise harass another person; or
  13. collect or store personal data about other users.
You acknowledge that Sport Unleashed does not pre-screen Content, but that Sport Unleashed and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, Sport Unleashed and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sport Unleashed or submitted to Sport Unleashed, including without limitation information in Sport Unleashed Message Boards, Sport Unleashed Clubs, Sport Unleashed forums, and in all other parts of the Site.

You acknowledge and agree that Sport Unleashed may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SU Publishing Ltd, its users and the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transfer and storage of your Content in New Zealand, Australia, the United States or elsewhere.

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Termination.

In the event of any breach of these Terms and Conditions, Sport Unleashed has the right to terminate your use of the site. In particular, members will have their accounts terminated with no refund, either in full or pro-ratio portion, of membership fees paid.

Competition Entries.
  1. Unless otherwise specified, only New Zealand residents are eligible to enter.
  2. In certain instances, entrants must be over 18 years of age. Proof of age will be required and this should be provided in the form of a nationally recognised photo ID such as passport, driver’s licence or similar. Entrants unwilling to provide such proof of age will be disqualified from any draws, competitions or similar.
  3. By entering any competitions you agree that Sport Unleashed may use your name and/or photograph for publicity purposes within the magazine, website and media releases.
  4. The Judges' decision is final and no correspondence will be entered into.
  5. Winners will be advised by phone or e-mail, but any prizes not claimed within three months of notification will be forfeited.
  6. Prizes are not transferable and cannot be exchanged for cash.
  7. The winner must be able to take the prize (if date sensitive) on any specified date otherwise it will be forfeited.
  8. Any additional expenses incurred with collecting or accessing the prize are the winners’ responsibility. Unless clearly stated, this forms part of the prize package.
  9. Where applicable a disclaimer must be signed by the winner(s) upon request by Sport Unleashed.
  10. If a specified prize becomes unavailable for any reason, Sport Unleashed may substitute a replacement prize at its absolute discretion
  11. Winners are responsible for any and all taxes, visas and travel insurance payable as a result of a travel prize. International prize winners must have a valid passport at the time of entering.
  12. Family members, or staff of participating advertisers are not eligible to enter.
  13. All prizes are accepted entirely at the winner’s risk. Sport Unleashed and/or any participating businesses will not be held liable for any expense, loss or injury incurred whilst collecting any or all of the prize package, whether direct or consequential, due to a negligent act or omission or otherwise.
  14. IInformation from entrants may be collected and used by SU Publishing Ltd for internal purposes or contacting you regarding any special offers. Such information may be passed on to the relevant sponsors or promoters for use in contacting you regarding either delivery of prizes or further promotional offers.
Disclaimer: -All Information is provided for informational purposes only.
Sport Unleashed uses reasonable efforts to include accurate, complete and current information on the Site. However, Sport Unleashed does not guarantee any use of the content in the Site in terms of its correctness, accuracy, reliability, or otherwise, and Sport Unleashed undertakes no obligation to update the content in the Site.

Content on the Site is provided "as is" and "as available", without warranty of any kind, either express or implied, to the fullest extent permissible under applicable law, including but not limited to, the implied warranties of merchantability, fitness for a particupar purpose, or non-infringment. Sport Unleashed does not represent or warrant that: 1) any functions available on or through the Site   will be uninterrupted or error-free; 2) any defects will be corrected; or 3) the Site or the server that makes the Site avaialable are free of viruses or other harmful programs.

 
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