TERMS & CONDITIONS
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
1. MINORS. We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS. Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
4. MODIFICATIONS AND TERMINATIONS. These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to learningresourcedirectory.com, and providing us with information relating to your concern.
5. LICENSEE STATUS. You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
6. CONTENT OWNERSHIP. All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to learningresourcedirectory.com. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to learningresourcedirectory.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY. The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
8. OBSCENE AND OFFENSIVE CONTENT. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail at firstname.lastname@example.org so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
9. INDEMNIFICATION. You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION. You agree to obey all applicable laws while using our website. You agree that the laws of Marlborough govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in North Canterbury, Marlborough, New Zealand. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
11. SEVERABILITY OF THESE TERMS AND CONDITIONS. If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
12. HOW TO CONTACT US. Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to email@example.com, and providing us with information relating to your concern.
13. ENTIRE AGREEMENT. These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
These terms and conditions were last updated on 03-08-2015.
2. MINORS. We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
4. THE TYPE OF INFORMATION WE COLLECT FROM YOU. Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, and the type of web browser that you are using. Our website automatically records this basic information about you.
We may also collect any data that you provide us by posting it at our website or by e-mail. You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all of our website’s services and features. Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.
5. WHAT WE DO WITH YOUR INFORMATION. We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, resolve disputes, troubleshoot issues, and enforce our website’s terms and conditions. As a general rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.
We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes. From time to time, we may use third party suppliers to provide services on our website. For example, we use Google Analytics to help us understand how our readers use the website–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. If a supplier wants to collect information about you, you will be notified. However, you will never be required to give information to a third party supplier. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others.
BEHAVIOURAL ADVERTISING. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
6. YOUR RIGHTS. You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
Additionally, please note that your information may be transferred outside of Europe, including to Canada and the United States.
7. USER NAMES AND PASSWORDS. Your access to parts of our website may be protected by a user name and a password. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.
8. YOUR USE OF INFORMATION AND UNSOLICITED JUNK E-MAIL. If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without the consent of the user and our consent too. We hate junk e-mail (Spam). Information you obtain from our website about us or other site users cannot be used by you or others to send unsolicited commercial e-mail or to send unsolicited commercial communications via our website’s posting or other communication systems.
9. YOUR VOLUNTARY DISCLOSURE OF INFORMATION TO THIRD PARTIES WHO ARE NOT OUR SUPPLIERS. You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.
10. AUTORESPONDERS. We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to firstname.lastname@example.org, or sending us mail to the address listed below.
11. POLICY CHANGES. The terms of this policy may change from time to time. If such changes are made, we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, please contact us (by e-mail, using a website contact form, or in writing by mail), and any changes made to this policy will not apply to information we have collected from you prior to making the changes. If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to email@example.com and providing us with information relating to your concern.
12. CALIFORNIA PRIVACY RIGHTS. If you are a California resident and our customer, Cal. Civ. Code § 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send an e-mail to firstname.lastname@example.org
CONTACT US. For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below: Learning Resource Directory, PO Box 66, Ahaura 7843, New Zealand
This policy was last updated on 25-05-2018.
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel. This website (see our website’s Terms and Conditions of Use for definitions), including all text, HTML, scripts, and images are copyrighted and owned by learningresourcedirectory.com. All rights reserved. No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner. This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
DMCA PROVISIONS The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”). The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT Please send DMCA notifications of claimed copyright infringement to:
THE WEBSITE OWNER Copyright Agent Esther Filbrun Ahaura New Zealand
THE INTERNET SERVICE PROVIDER (“ISP”) Copyright Agent Inkworx RD1 Richmond New Zealand firstname.lastname@example.org +64211066633
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled. The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website. Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws. If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to email@example.com and providing us with information relating to your concern. You may also mail your concerns to us at the following address: Learning Resource Directory, PO Box 66, Ahaura 7843, New Zealand
This policy was last updated on 25-05-2018.