Effective: 01 April 2019
This document governs your use of the SilentDisco.NZ website network service(s), operated by M and B Limited, by using the network service(s) you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use the network service(s).
(2) Intellectual property rights
Unless otherwise stated, other than in relation to links to third party websites, we or our licensors own without limitation all copyright and any other intellectual property rights therein. Subject to the licence below, all these intellectual property rights are reserved. Some of the content is produced in part or in whole under licence from, and based in whole or in part, from copyright material of our partners, clients, advertisers, affiliates and merchants. You acknowledge that all copyright, trademarks and all other intellectual property rights in the information and service(s) shall remain vested in us or our licensors.
(3) Licence to use our network service(s)
You may view, download for caching purposes only, and print pages from the network service(s) for your own personal use, subject to the restrictions below.
You must not:
(a) republish any material from the network service(s) including republication on another network service(s) including any fixed internet website, mobile website, or App;
(b) sell, rent or otherwise sub-license any material from the network service(s);
(c) unless previously agreed in writing, you may not show any material from the network service(s) in public, at trade conferences or any media events;
(d) reproduce, duplicate, copy or otherwise exploit material on the network service(s) for a commercial purpose;
(e) edit or otherwise modify any material on the network service(s); or
(f) redistribute material from the network service(s) except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed to your immediate family and friends. You must not engage in any act of redistribution that could cause annoyance, inconvenience or needless anxiety such as sending of unsolicited email or text messages as defined in the CAN-SPAM Act of 2003.
(g) we may suspend the network service(s) at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
(h) we reserve the right to make any changes to the network service(s) or to discontinue any aspect of the the network service(s) without notice to Users.
(4) User Conduct
We provide the network service(s) to you solely for your personal, private use. You undertake not to use the service(s):
(a) for any unlawful purpose;
(b) in any way that may damage or disrupt your or another user’s PC and/or mobile device;
(c) to transmit, post or otherwise make available any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(d) as a means to threaten, stalk, harass, abuse, or otherwise insult other persons;
(e) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating any M and B Limited employee, merchant, affiliate, advertiser, or another user;
(f) to transmit, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
(5) Term and Termination
(a) These Terms will remain in full force and effect while you are a user of the network service(s);
(b) we may, at any time and for any reason, terminate these Terms with you and deny you access to the network service(s);
(c) We shall have the right to immediately suspend or withdraw a service if you commit or we have reason to suspect that you have committed a breach of these terms and conditions, or where required by law or regulatory authority or a distributor;
(d) in the event of termination of these terms for any reason, you must not attempt to use the network service(s).
Unless otherwise specified we will not charge you any direct fees or subscriptions for accessing or browsing the network service(s). We (or the relevant distributor) will always notify you of the likely charge for using a service. However, your network provider may charge an additional standard messaging fee for any SMS/MMS message sent or received by you and/or a browsing and/or downloading fee for your use of the network service(s). Please consult your network provider for further details of these standard costs.
(7) User Privacy
Where you have submitted your contact details we may communicate with you from time to time via your email address or mobile telephone for certain marketing, market research, analysis and related purposes. It is up to you how much or how little information you allow us to use for these purposes. The purposes include informing you of offers and other material which may interest you and making your information available to trusted partners and third parties for the same reasons.
(8) User Submissions
You agree that M and B Limited has the right and licence to display or transmit your user submissions including any editorial comments, views, opinions, recommendations, advice, photo, animation, video clip, sound recording, or other material uploaded by you on any network service(s) worldwide and on any other media whether now known or known in the future including without limitation in perpetuity and gratis.
M and B Limited also has the right to commercially exploit, host, store, copy, distribute, modify, edit, incorporate into other material, and/or otherwise treat in any way your material at its discretion without any payment to you. In particular, you agree to waive all moral rights to the material.
You must ensure that nothing in your material infringes any trade mark or copyright or otherwise violates anyone’s right of privacy or publicity, or contains anything that is defamatory or offensive.
M and B Limited reserves the right not to make your material available on any media, and the right to remove your material, or links or any other means of access to your material, from any of the network service(s) at our discretion at any time.
(9) Limitations of warranties and liability
Whilst we endeavour to ensure that the information on the network service(s) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the network service(s) remains available or that the material on the network service(s) is kept up-to-date.
User submissions including any editorial comments, views, opinions, advice, and recommendations are not endorsed by M and B Limited and, to the maximum extent applicable by law, M and B Limited shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this network service(s) and the use of the network service(s) (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer (or elsewhere on the network service(s)) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of the network service(s) or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the network service(s) are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
We may revise this disclaimer from time-to-time. The revised disclaimer will apply to the use of the network service(s) from the date of the publication of the revised disclaimer on our network service(s). Please check this page regularly to ensure you are familiar with the current version.
(11) Entire agreement
(12) Law and jurisdiction
This disclaimer will be governed by and construed in accordance with New Zealand law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts of New Zealand.
(13) Our details
The full name of our company is M and B Limited.
We are registered in New Zealand as a company under registration number 5099661.
Our GST number is 113-800-321.
Our address is:
M and B Limited,
PO Box 149,
You can contact us by email to firstname.lastname@example.org
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