Terms of Services
Pow Wow Media Limited Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Pow Wow Media’s websites.
Pow Wow Media is located at:
Office 3, Level 3, 58 Surrey Crescent, Grey Lynn, 1021 Auckland, New Zealand.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Pow Wow Media’s websites, freebies, or resources if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Pow Wow Media and/or it’s licensors own the intellectual property rights for all material on Pow Wow Media’s websites. All intellectual property rights are reserved. You may view and/or print pages from our resources for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material
- Sell, rent or sub-license material
- Reproduce, duplicate or copy material
- Redistribute content from Pow Wow Media (unless content is specifically made for redistribution.
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Pow Wow Media does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Pow Wow Media, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Pow Wow Media shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Pow Wow Media reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Pow Wow Media a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link:
- is not in any way misleading;
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Pow Wow Media; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Information; Registration; User Names and Passwords:
Sharing your Pow Wow Media login with others is strictly prohibited. Should Your IP indicate, in Pow Wow Media’s reasonable opinion, that You are sharing your login information with others, You will be subject to cancellation of Your Pow Wow Media User Account or enhanced pricing for Your Pow Wow Media account, at Pow Wow Media’s discretion.
- Prohibited Activity
RBP PRODUCTIONSs has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Pow Wow Media’s reputation; and the violation of the rights of Pow Wow Media or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Pow Wow Media’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the intellectual property rights of another. Violating the rules of the group or threatening team members or members of Pow Wow Media is strictly prohibited and will result in immediate removal with or without refund at Pow Wow Media’s discretion.
REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, swag, or other tangible product) from Pow Wow Media sold under any of its brands or related brands, you may (at Pow Wow Media’s discretion) receive a limited refund if you comply with the following conditions:
- You must request a refund in writing by contacting email@example.com;
- Your request for a refund must be made within thirty (30) days of your purchase;
- You must return the hard goods to Pow Wow Media immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
- The hard goods must be returned to Pow Wow Media in like-new, or re-sellable condition, as determined in Pow Wow Media’s sole, reasonable discretion.
Your User contract with Pow Wow Media begins when You click Purchase and will continue month-to-month until either:
- Pow Wow Media cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Pow Wow Media.
- You provide Pow Wow Media three (3) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than three (3) days before the first day of the next billing cycle, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Pow Wow Media.
- Your credit card or Pow Wow Media’s charge is denied for any reason and You do not provide Pow Wow Media a new credit card within ten (10) days.
- Force Majeure. Pow Wow Media will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Pow Wow Media. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Pow Wow Media shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
No License to use Pow Wow Media’s Marks
Any content on any Pow Wow Media’s website may constitute the intellectual property of Pow Wow Media. Except where expressly authorized, no material on any Pow Wow Media website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Pow Wow Media trademark and logo are proprietary marks of Pow Wow Media, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Pow Wow Media or any of Pow Wow Media’s affiliates.
You agree to protect, defend, indemnify and hold harmless Pow Wow Media, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Pow Wow Media for liability for payments for, damages caused by, or other liability relating to, You.
No Warranty; No Leads.
Pow Wow Media does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that Pow Wow Media will not at any time provide sales leads or referrals to you. Additionally, Pow Wow Media’s websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Pow Wow Media makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any Pow Wow Media website or service. Any reliance on or use of such materials shall be at your sole risk. Pow Wow Media makes no representation or warranty (a) that any Pow Wow Media website or service will be available on a timely basis, or that access to any Pow Wow Media website or service will be uninterrupted, error-free or secure; (b) that defects or errors will be corrected; or (c) that any Pow Wow Media’s website or the servers or networks through which any Pow Wow Media’s website is made available are secure or free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Pow Wow Media websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Pow Wow Media website and these Terms, these Terms shall control.
- Release/Authorization to Use Photographs.
You grant Pow Wow Media permission to use any and all photographs taken by Pow Wow Media or its agents or employees, or submitted by You to Pow Wow Media as well as all written endorsements of Pow Wow Media that you send to us, or that you post on social media (photographs, social media posts, and messages sent to Pow Wow Media are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Pow Wow Media or any product or service sold and marketed by Pow Wow Media. You agree that this authorization to use Photographs may be assigned by Pow Wow Media to any other party. You agree that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Pow Wow Media’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Pow Wow Media in exchange for this Release and Assignment. You hereby release and forever discharge Pow Wow Media from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Limitation of Liability.
You agree that in no event shall Pow Wow Media’s liability to you for any claim of any kind or description exceed the amount of three (3) times the payments paid by you to Pow Wow Media for the month preceding the date in which the facts giving rise to a claim against Pow Wow Media occurred. You waive any right to special, indirect or consequential damages of any kind or description.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
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