Amendments to these Terms will be posted at this URL and will be effective when posted. Your continued use of this Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
If you have any questions regarding the Terms please contact BN at firstname.lastname@example.org.
1. Use of Materials
i. Proprietary Materials
Unless indicated otherwise on this Website, the Materials contained on this Website are the property of BN, its licensors, collaborating organisation or users and are protected by N.Z. and international copyright, trademark and other intellectual property laws.
ii. Request for Permission
Unless indicated otherwise below, on the Materials, or separate terms applicable to certain Materials, we ask that you contact us at email@example.com for permission for any reproduction, modification, distribution, public display or performance of such Materials.
iii. Unauthorized Use
Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable laws and could result in criminal or civil penalties.
iv. Image Usage
Any photographs that indicate “Creative Commons” within their attribution have been obtained through an appropriate license in accordance with said source’s regulations. For example, Creative Commons licenses used may include: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, CC BY-NC-ND, or CC 0 Public Domain. For more information, please visit: https://creativecommons.org/licenses/
2. Interactive Areas
This Website may include blogs, user-generated content or other interactive areas or services (“Interactive Areas”), in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Website (“User Materials”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- User Materials that are unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.
- User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Materials, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Materials;
- User Materials that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; User Materials that, in BN’s sole judgment, may jeopardize or affect BN’s tax status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;
- Promotions, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Materials that, in the sole judgment of BN, are objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Nor its users to any harm or liability of any type.
BN is not liable for any statements, representations or User Materials in any Interactive Area. Although BN has no obligation to screen, edit or monitor any of the User Materials posted in any Interactive Area, BN reserves the right, and has absolute discretion, to remove, screen or edit any User Materials posted or stored on the Website at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
BN does not claim ownership of User Materials. Unless we indicate otherwise, you grant BN a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Materials on or in connection with the Website and other BN promotional materials. You grant BN the right to use the name that you submit in connection with such User Materials. You represent and warrant that:
- you own and control all of the rights to the User Materials that you post or you otherwise have the right to post such User Materials to the Website;
- the User Materials are accurate and not misleading; and
- use and posting of the User Materials you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
3. Copyright Complaints
BN respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide BN’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
BN’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Group M house
Level 12, 22 Fanshawe St,
Auckland, New Zealand 1010
By email: firstname.lastname@example.org
The BN logo, BN quotation marks and line logo, the name “Bags Not”, “SAY BAGS NOT TO SINGLE_USE PLASTIC BAGS” and any other product or service name or slogan contained in this Website are trade/service marks of BN, its licensors, or other respective owners, and may not be used without the prior written permission of BN or the respective owners.
Any links to www.bagsnot.org.nz or any affiliated BN Website may not suggest or imply BN’s endorsement or approval of any product, position, entity or individual, or portray BN in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
This Website contains links to third party Websites (“Linked Websites”) not under the control of BN, and BN is not responsible for their content or links contained in such Linked Websites. BN does not intend links on this Website to be referrals or endorsements of the linked Website providers, or their products or services, and are provided for convenience only. Your use of the Linked Websites is at your own risk and subject to the terms and conditions of the providers of such Linked Websites.
7. Service Deactivation
You agree that BN has the right, but not the obligation, to take any of the following actions in BN’s sole discretion at any time and for any reason without giving you any prior notice:
- • refuse, move or remove any content that is available on or through this Website;
- to discontinue the Website or any services offered through the Website at any time without notice; and
- to establish general practices and limits concerning use of the this Website.
We may take any of the above actions for any legitimate business reason, as determined by BN in its sole discretion, including, but not be limited to:
- breaches or violations of the Terms or other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- a request by you;
- discontinuance or material modification to this Website (or any part thereof); and
- unexpected technical or security issues or problems.
You agree that we will not be liable to you or any third party for taking any of these actions.
8. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE, ITS SERVICES AND MATERIALS ON THIS WEBSITE (JOINTLY “SERVICES”) IS AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. BN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. BN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY BN. TO THE FULLEST EXTENT ALLOWED BY THE LAW, BN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
9. Disclaimer of Liability
IN NO EVENT SHALL BN, ITS LICENSORS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify and hold BN and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials, any User Content you post, store or otherwise transmit on or through this Website, or your use of or inability to use this Website.
11. Entire Agreement
These Terms represent the entire agreement between you and BN with respect to their subject matter. No action of BN, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of BN is authorized to waive it orally.
12. Governing Law
This Agreement shall be governed and construed in accordance with the laws of New Zealand, without regard to the conflict of law principles thereof. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in the New Zealand, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.