This acceptable use policy sets out the terms between you and Chirpy Plus Limited (“we”, “us” or “our”) under which you may access our website located at chirpyplus.co.nz (our website) and utilise the products and services we provide. This acceptable use policy applies to all users of, and visitors to, our website. This acceptable use policy also includes some specific guidelines and obligations relating to any and all advertisements that you place on our website.
Your use of our website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Membership Terms and Conditions governing the use of Chirpy Plus by our Members.
You may use our website only for lawful purposes. You may not use our website:
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see “Content Standards” heading below),
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation that is contrary to applicable law (SPAM),
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
· any part of our website;
· any equipment or network on which our website is stored;
· any software used in the provision of our website; or
· any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our website, including without limitation:
- lead generation,
- Member referrals
- Member ratings and feedback,
- online competitions and promotions,
- bulletin boards,
- other interactive features, including without limitation for you to upload photos, videos and other content to our website
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
These content standards apply to any and all works and materials (including text, graphics, images and files) that you submit to us or our website for storage or publication (your content), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of your content as well as to its whole.
By submitting your content, you confirm that:
- you are the sole author and owner of the intellectual property rights thereto,
- all “moral rights” that you may have in such contribution have been voluntarily waived by you,
- you are at least 18 years old,
- your contribution is accurate (where it states facts),
- your contribution is genuinely held (where it states opinions),
- your contribution complies with applicable law in New Zealand and Australia and in any country from which it is posted, and
- use of your contribution does not violate this policy and will not cause injury to any person or entity.
- your contribution fits with our Chirpy values.
Your content must not:
- contain any material which is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, obscene, indecent, unlawfully threatening or unlawfully harassing to any person,
- promote or depict violence or discrimination or any illegal activity,
- infringe any copyright, patent, trade, mark, trade secret, database right, right of privacy or other rights of any other person or entity or violate any law or contractual duty (see our DMCA Copyright Policy https://www.LifeLot.com/dmca-notice),
- be untrue, false, inaccurate or misleading,
- be likely to deceive any person,
- constitute negligent advice or contain any negligent statement,
- constitute an unsolicited electronic message,
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence,
- be in contempt of any court, or in breach of any court order,
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety,
- be likely to harass, intimidate, upset, embarrass, alarm or annoy any other person,
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person,
- give the impression that they emanate from us, if this is not the case,
- be pornographic, lewd, suggestive or sexually explicit,
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse or any crime or criminal activity, or
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
Use of your content
You grant us a worldwide, non-exclusive, royalty-free, transferable right and license to use, store, reproduce and display your content into any form, medium or technology as reasonably necessary to provide services to Members.
Advertising on our website
In addition to your other obligations under this acceptable use policy, the following rules apply to all advertisements that you place on our website (Ads). If we believe that you or your Ad is in violation of these rules, we may disapprove the Ad for display on our website or we may deny you the right to display any Ad until we are satisfied that your Ad complies with these rules:
- No Fraud or Deception. Your Ads should not be fraudulent, deceptive or include misleading titles, statements or illustrations. Your product or service must accurately match the text of your Ad – don’t lie, don’t exaggerate and don’t make false claims. The photos and images in your Ad should have a reasonable relationship to the product or service being advertised. The claims you make in your Ad should have factual support. Do not make deceptive or inaccurate claims about competitive products or services. Do not imply you or your product are affiliated with or endorsed by others without their permission. Do not advertise prices or offers that are inaccurate – any advertised discount, offer, or price must be easily discoverable from the URL in your Ad. Do not show us one version of your website (e.g. during the purchase process) and users another (Cloaking).
- Trademarks and Use of “Chirpy”. Please use only trademarks that you have a legal right to use in your Ad. Your Ad must not include any text that may be deemed as infringing upon the trademarks of other parties unless express permission has been granted by the trademark owner. Any Ad that we believe may infringe on the trademark of a complainant will be removed from our website. You should not use trademarks, logos, service marks or company names in a way that would be confusing to the user, or imply an affiliation or endorsement when there is none.
- Fair and Legal Billing Practices. The products and services advertised in your Ad should have fair and legal billing practices. Pricing, fees and payment terms should be clear and easily findable and understandable by your customers prior to their purchase or completion of the transaction, including explaining the rights to refunds, termination and any applicable interest.
· Political. All political advertising must clearly identify the person or entity that paid for the message. Ads not financed by a candidate or campaign must indicate whether the content is authorized by a candidate and, if not, include contact information for the person or entity that paid for the message. Political Ads must comply with applicable laws, including with respect to identifying the paid sponsor or observing blackout or quiet periods prior to election.
- Restricted Products and Services. We do not allow advertising related to any of the following:
· Illegal Products and Services. Products and services that are subject of the Ads, should be legal to purchase and use in the jurisdiction in which they are being marketed. Ads themselves should comply with applicable laws regarding advertising, including age and content restrictions. Countries and states may have different laws that set different advertising requirements on the same or similar products. Examples of products and services that might be illegal: Resale of event tickets, counterfeit goods, live animals, animal products, surveillance products, encryption products/services, de-encryption devices and services, and health supplements.
· Fake Documents and Related Services. We do not allow Ads for fake documents that could be used to trick or defraud or services that assist with obtaining documents in violation of applicable rules. Examples of prohibited fake documents are: (1) academic degrees, (2) professional licenses or certifications, (3) national IDs, (4) working permits (immigration status), (5) business licenses, (6) birth certificates, (7) passports, (8) invoices or receipts, (9) medical records, and (10) noble titles/ status. Examples of prohibited services are those that will take tests or write papers on a person’s behalf.
· Offensive Products and Services. Even if legal in the applicable jurisdiction, we do not allow Ads for products or memorabilia promoting offensive, violent or hateful groups or actions or criminal acts.
· Drugs, Illegal Substances and Related Products. Even if legal in the applicable jurisdiction, we do not allow Ads related to prescription pharmaceuticals, drugs or any related products or services. Ads that promote illegal drugs, highs, herbal medicines and treatments, psychoactive effects of substances, or aids to pass drug tests are all prohibited.
· Weapons, Firearms, Ammunition, Fireworks or any Other Violent Products or Services. Even if legal in the applicable jurisdiction, we do not allow Ads related to weapons, firearms, ammunition, fireworks, stun guns, air rifles, pyrotechical devices or other violent products or services.
· Sexual or Adult Content. Even if legal in the applicable jurisdiction, we do not allow Ads related to sexual or adult content or services, including escort services, massage and pornography.
· Illegal Downloads of Software, Media or Other Copyrighted Content. We do not allow Ads that products and services marketed for the purpose of (or that are primarily used for) the distribution of software, media and other content in violation of the intellectual property rights of others.
· Scams. We do not permit Ads related to scams, financial schemes, pyramid schemes or other fraudulent or illegal financial arrangements or investment opportunities.
· Harm to Members. We do not allow Ads that promote or endorse products, services or actions that would result in a breach of our Membership Terms and Conditions, or that we believe are intended to, or may result in, harm to Members.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When we consider a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
- issue of a warning to you,
- immediate, temporary or permanent withdrawal of your right to use our website,
- immediate, temporary or permanent removal of any posting or material uploaded by you to our website,
- immediate, temporary or permanent suspension of your membership,
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach,
- further legal action against you,
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. We will notify you of any changes by posting an updated version on our website. Your use of our website following any updates constitutes acceptance of this policy as amended. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.