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April - May 2014

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Terms & Conditions

DISCLAMER

Every care has been taken in the compilation and publication of the information on this website. However, the NZ International Comedy Festival will not be held responsible for any loss, damage or inconvenience caused as a result of any inaccuracy or error within these pages.

The NZICF is provided show advertising content directly from the show producers. The NZICF takes no responsibility for any promotional content that may be found to be inaccurate, incorrect or libellous.

Please also note that the NZ International Comedy Festival is not responsible for the content or availability of any external sites to which it may include links to.

COMEDYFESTIVAL.CO.NZ TERMS OF USE - THE LEGAL JARGON…
www.comedyfestival.co.nz is a website dedicated to promoting the programme of acts available at the annual NZ International Comedy Festival. The Festival is governed by The NZ Comedy Trust and its aims and objectives which include promoting and supporting live comedy in New Zealand.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the "website") is provided by The NZ International Comedy Festival ("NZICF", "us" or "we") subject to the following terms (this "Agreement"):

1. ACCEPTANCE OF TERMS:
By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by NZICF may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

2. REPRESENTATIONS:
By using this website you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy.

3. COPYRIGHTS AND TRADEMARKS:
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of New Zealand and other countries. Some of the characters, logos or other images incorporated by NZICF on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by the NZICF or others.

4. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by the NZICF in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

(b) The NZICF respects the intellectual property rights of others and asks users of this website to do the same.

5. DISCLAIMER OF WARRANTIES
Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the nzicf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The nzicf does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that nzicf’s websites or the servers that make them available are free of viruses or other harmful components. Nzicf does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. Nzicf makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and nzicf assumes no liability or responsibility for errors or ommissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by APPLICABLE LAW.

6. LIMITATION OF LIABILITY
NZCIF does not accept any liability for any loss or damage (direct, indirect, punative, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if nzicf has been advised of the possibility of such loss or damage. Without limitation, you (and not nzicf) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

7. FORUMS
the materials, information and opinions included and/or expressed in or on bulletin boards, chat rooms, community pages or other forums on this website ("forums") or any linked to sites are not necessarily those of nzicf or its affiliated or related entities or content providers. Nzicf does not undertake to monitor or review forums, and the content of forums is not the responsibility of nzicf. Nzicf may remove or modify any content without notice or liability at any time in its sole discretion. Any use of the forums will be at your own risk and will be subject to the above disclaimers and limitations on liability.

8. CREATIVE SUBMISSIONS, POSTINGS, EMAILS AND COMMUNICATIONS
(a) NZICF does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by NZICF staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send NZICF any unsolicited submissions.

(b) From time to time, areas on this website may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.

(c) In any event, no material you send to us will be treated as confidential.

(d) Please act responsibly when using this website. You may only use this website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by NZICF) or privately transmitted on or through this website are the sole responsibility of the sender, not NZICF, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

(e) NZICF requires that you do not post e-mails or submit to or publish through Forums or otherwise make available on this website any content, or act in a way, which in our opinion:

(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

(iv) violates any law or may be considered to violate any law;

(v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(vi) advocates or promotes illegal activity;

(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(viii) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;

(ix) solicits funds, advertisers or sponsors;

(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;

(xii) copies any other pages or images on this website except with appropriate authority;

(xiii) includes MP3 format files;

(xiv) amounts to a "pyramid" or similar scheme;

(xv) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(xvi) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or

(xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.

(f) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by NZICF anywhere on this website (e.g., on any web space made available for your use).

9. USE OF SUBMITED CONTENT
(a) NZICF will consider anything you provide to NZICF and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this website (see "Creative Submissions, Postings, E-mails and Communications" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

(b) Subject to the provisions of any Additional Terms, by posting or uploading any content to this website and/or providing any communication or material to NZICF ("User Content"), you automatically and irrevocably:

(i) grant and assign to NZICF any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by NZICF and/or by any person authorized by NZICF, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(iii) appoint NZICF as your agent with full power to enter into any document and/or do any act NZICF may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;

(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that NZICF shall not be liable for any use or disclosure of such User Content.

10. HYPERLINKS TO AND FROM THIRD PARTY SITES
(a) This website may link you to other sites on the "Internet". These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of NZICF, and you acknowledge that (whether or not such sites are affiliated in any way with NZICF) NZICF is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by NZICF or any association with its operators.

(b) NZICF cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from NZICF since other shop channels are owned and operated by independent retailers. NZICF does not endorse any of the merchandise, nor has NZICF taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. NZICF does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

(c) Any area of this website that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.

11. SYSTEM ABUSE
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website.

(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.

12. LOCAL REGULATIONS
This website is intended for viewing solely in New Zealand. NZICF makes no representation that materials or other content in the website are appropriate or available for use outside New Zealand. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from New Zealand or the country you reside in.

13. INDEMNITY
You agree to indemnify and hold harmless NZICF, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

14. APPLICABLE LAW AND JURISDICTIONAL MATTERS
This Agreement shall be governed by, construed and enforced in accordance with the laws of New Zealand, as they are applied to agreements entered into and to be performed entirely within New Zealand. Any action you, any third party or NZICF may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in the Courts located in New Zealand, and you expressly consent to the jurisdiction of said courts.

15. SEVERABILITY
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.