Terms and conditions
By using KiwiMotoring (“Service”), and all services of Flashpoint Visual Communications Limited (“KiwiMotoring”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
KiwiMotoring reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide and maintain a valid email address.
• One person or legal entity may not maintain more than one account.
• Your account may only be used by one person or organisation.
• You are responsible for maintaining the security of your account and password. KiwiMotoring cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
• You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• Reselling or distributing the Service is not permitted.
Violation of any of these agreements will result in the termination or suspension of your Account. While KiwiMotoring prohibits such conduct and Content on the Service, you understand and agree that KiwiMotoring cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Cancellation and Termination
1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time. Your account information includes a no questions asked “cancel my account” link.
2. All of your personally identifiable information will be immediately deleted from the Service upon cancellation.
3. KiwiMotoring, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other KiwiMotoring service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all Content in your Account. KiwiMotoring reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. KiwiMotoring reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. KiwiMotoring shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. Your profile and materials uploaded remain yours. However, by uploading your Content, you agree to allow others to view and share your Content inclusive of distribution by RSS or other means of Content syndication by the Service.
2. KiwiMotoring and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, KiwiMotoring, or any other KiwiMotoring service.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by KiwiMotoring.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KiwiMotoring customer, employee, member, or officer will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by KiwiMotoring) of other KiwiMotoring customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption
10. KiwiMotoring does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that KiwiMotoring shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KiwiMotoring has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
12. The failure of KiwiMotoring to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KiwiMotoring and govern your use of the Service, superceding any prior agreements between you and KiwiMotoring (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to email@example.com.
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