A. Cybolt hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) you are not employed by, contracted to, a director, a shareholder or otherwise have a financially vested interest in a business of a competing or similar nature to Cybolt; (ii) you will not copy or distribute any part of the Website in any medium without Cybolt's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cybolt immediately of any breach of security or unauthorized use of your account. Although Cybolt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cybolt or others due to such unauthorized use.
C. We strongly recommend you change your password regularly, choose a difficult password and not use the same password on other websites.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Cybolt servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Cybolt grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cybolt reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
A. The Cybolt Sites may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Cybolt does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cybolt to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Cybolt, you hereby grant Cybolt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Cybolt Sites and Cybolt's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Cybolt Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Cybolt Sites a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Cybolt Sites.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cybolt all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Cybolt or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Cybolt does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cybolt expressly disclaims any and all liability in connection with User Submissions.
Cybolt does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cybolt will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
Cybolt reserves the right to remove Content and User Submissions without prior notice.
Cybolt will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Cybolt also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cybolt may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the New Zealand Copyright Act ("NZCA") by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only Copyright notices should go to the Cybolt Legal Department; any other feedback, comments, requests for technical support, and other communications should be directed to Cybolt customer service here. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your NZCA notice may not be valid.
E. You understand that when using the Cybolt Sites, you will be exposed to User Submissions from a variety of sources, and that Cybolt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cybolt with respect thereto, and agree to indemnify and hold Cybolt, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Links added to the Cybolt Sites must not link to websites, web pages or any content containing objectionable material including pornographic material, sites of a competing nature to Cybolt, material that requires a fee to access or other sites or material you do not have permission to access or link to.
A. Returns & Refunds on Physical Products
'Physical Products' include non-electronic physical products (eg. products that you could purchase through a retail outlet). We understand that purchasing products over the internet does not always provide the same advantage as viewing a product in a physical store. We therefore offer you a 14 day return period from the date you receive the product. Please note the following conditions when returning a product and/or requesting a refund:
(i) To receive a refund, your product must be in its original condition.
(ii) Any entitlement to a refund is void when the product is presented after the return period has expired, or it is not in its original condition.
(iii) When returning your product to Cybolt for a refund, you are responsible for all shipping costs.
B. Returns & Refunds on Electronic Products
'Electronic Products' are products not physically shipped - eg. Subscriptions, Downloads, etc. Cybolt does not offer refunds for purchases of electronic products.
C. Returns & Refunds on Faulty Products
We apologise in advance for any inconvenience caused should you ever receive a faulty product from Cybolt. We will replace your faulty product at no cost to you. Please follow these steps for the return and replacement of the faulty product:
(i) Contact Cybolt here immediately to advise of the faulty product.
(ii) Send your faulty product (in its original packaging or similar) with your invoice to Cybolt.
(iii) Notify us of your standard shipping costs. Note that we do not accept shipping costs if you choose to send the faulty product by International/National Courier.
(iv) Failure to follow these steps may void your replacement.
Upon Cybolt receiving your faulty product and proof of purchase (e.g. emailed receipt), we will dispatch a replacement product to you within 2 working days (subject to product availability).
IN NO EVENT SHALL Cybolt, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Cybolt SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Cybolt SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Cybolt from its facilities in New Zealand. Cybolt makes no representations that the Cybolt Sites are appropriate or available for use in other locations. Those who access or use the Cybolt Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.