Designing for Tomorrow Terms and Conditions
The Site www.designingfortomorrow.org is fully controlled and operated by Designing for Tomorrow Ltd (DFT) ("DFT," "We," or "Our"). By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of DFT. If you do not agree with all of the following terms and conditions, please do not use this site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services of or obtain goods and services from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communications, interactions and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state and national laws
and regulations and, in some cases, international treaties. You are solely responsible
for all activities, acts and omissions that occur in, from, through or under your user
name or password. You shall not use, allow, or enable others to use the Site, or knowingly
condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from New Zealand), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, copyrights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorised access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of DFT and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to NZ. and foreign copyright and trademark laws. DFT hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, code, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of DFT. Use of DFT and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorised or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
To the extent that portions of this Site provide users an opportunity to submit information, ideas and opinions
(the "Postings"), please be advised that Postings do not necessarily reflect the views of DFT. In no event shall DFT
assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from
their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and
to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary,
copyrights, intellectual property rights, or other rights of third parties or contain any libellous, tortuous, or
otherwise unlawful information.
You hereby authorise DFT to use, and authorise others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, DFT will have the right to use and change the Postings in any manner that DFT may determine.
Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.
DFT holds all site users personally responsible for verifying that the content they submit to DFT does not violate any third party intellectual property rights, and DFT will not be held responsible for verifying the intellectual property of every user-submitted posting and comment.
Although DFT periodically monitors the content posted on this Site, it cannot be responsible for the views, or opinions expressed by third parties, and it cannot be responsible for verifying the intellectual property ownership of 'user-submitted postings'. Nonetheless, DFT will make every effort to ensure that the Postings best serve the interests of all users and, therefore, DFT reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules.
Your comments, suggestions and information are important to us. Portions of this Site may provide you
and other users an opportunity to participate in forum services, blogs, web communities and other message
and communication facilities ("Communities") and may provide you with the opportunity, through such Communities
or otherwise, to submit, post, display, transmit and/or exchange: (a) information, ideas, opinions, messages or
other information ("Post" or "Postings"), and (b) User Content, your submission of which is also governed by
the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand,
acknowledge and agree that such Postings are the sole responsibility of the person from whom such Postings
originated. This means that you are solely and entirely responsible for the consequences of all Postings that
you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views
of DFT, the Parent Companies or the Affiliates. We do not monitor, endorse, edit or screen any Postings, although
we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In
no event shall DFT, the Parent Companies or the Affiliates have or be construed to have any responsibility or
liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and
judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any
time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
(a) refuse to allow you to Post;
(b) remove and delete Postings;
(c) revoke your right to use the Site; and/or
(d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorise DFT, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature;
(b) you represent and warrant that
(i) the Posting is original to you and/or fully cleared for use as contemplated herein,
(ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Posting does not contain libellous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation,
(iv) the Posting is not obscene or in any other manner unlawful,
(v) the Posting shall not be injurious to the health of any user, and
(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that
(i) you have the right to place such Posting in the public domain and to grant DFT, the Parent Companies and their Affiliates the right to use all such Postings as described above,
(ii) the Posting was produced in compliance with all applicable laws and regulations and
(iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes
(y) the individual's full legal name, current address, date of birth and
(z) a legible photocopy of a valid government-issued identification document (e.g., a passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, DFT, the Parent Companies and the Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
DISCLAIMER, LIMITATION OF LIABILITY AND PRIVACY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DFT is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DFT, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY DFT OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall DFT's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
You agree to indemnify, defend, and hold harmless, DFT, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. DFT reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with DFT in asserting any available defences.
INFORMATION COLLECTION POLICIES
We may request personally identifiable information from visitors who choose to participate in certain activities as described below. Our information practices are described below.
DFT provides visitors the opportunity to send e-mail to us. We request no personally identifiable information from the visitor. We may share e-mail addresses with our affiliated departments and businesses that may have their own disclosure practices. Visitors' e-mail correspondences are deleted from our system periodically.
USE OF INFORMATION
At DFT, we may share aggregate information about our visitors with both our affiliated businesses (e.g. DFT Research) and externally with third parties, such as advertisers and business partners. We may also share personal information about our visitors with our affiliated departments and businesses that may have their own disclosure practices. However, it is our policy to not disclose externally with third parties personal information collected on our site, except in the following instances:
We may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect the Site or the safety of its users. Other than as set forth above, we do not at present intend to use your personal information for other purposes. However, in the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.
DFT has taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to our database servers as well as electronic security systems and password protections, which guard against unauthorised access.
Remember you are fully responsible for all content you submit to us and you accept liability for any actions relating to the content. Any comments and reviews posted on this website by you or other users do not necessarily reflect our opinions and we are not responsible or liable for any content submitted by you or anyone else.
By providing submissions to us, you confirm that you agree to these terms.
Thank you for submitting content to Designing for Tomorrow.