Terms and Conditions
Written on June 27, 2009 – 1:27 am | by CarbonoWontok |The primary purpose of CarbonoWontok.org is to provide a web presence for an on behalf of the People of Papua New Guinea, in their quest to help save the world from Global Warming.
1. User Terms and Conditions
1.1
In accordance with the following user terms (‘User Terms’), CarbonoWontok.org, its subcontractors, agents, and/or representatives (‘CarbonoWontok.org’) grants you as an authorised user (‘Authorised User’ or ‘you’) of this CarbonoWontok.org Web Site (‘Web Site’) certain rights (as set out below) and in return you agree to perform certain obligations.
1.2
Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 3 – your responsibilities with respect to copyright
Clause 6 – your responsibilities in using the site
Clause 8 – limitation of liability
1.3
If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
1.4
If you purchase any goods or services from CarbonoWontok.org’s online store on this Web Site (‘On-Line Store’), your purchase will be subject to CarbonoWontok.org’s Purchase Terms displayed in the On-Line Store. Purchases other than from the online store or made via links from the On-Line Store to other Merchants (as defined in Clause 1.5) will be in accordance with Clause 1.5.
1.5
The goods and services (‘Merchandise’) which may be purchased by you from companies other than CarbonoWontok.org (‘Merchants’) via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not CarbonoWontok.org) is solely responsible for the fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant’s web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that CarbonoWontok.org shall have no responsibility, obligations or liability in relation to the Merchandise.
2. License to Use Material on Web Site
2.1
CarbonoWontok.org grants to you a personal, non-exclusive, non-transferable, royalty-free license to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘CarbonoWontok.org Material’) on the basis set out in Clause 2.2.
2.2
You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the CarbonoWontok.org Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the CarbonoWontok.org Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the CarbonoWontok.org Material;
2.2.3 rent, lease, sub-license, loan, copy or give or transfer any rights in the CarbonoWontok.org Material in any form, to any person or entity without the prior written consent of CarbonoWontok.org.
3. Ownership of Intellectual Property Rights
3.1
Notwithstanding the limited rights granted to you in accordance with Clause 2, CarbonoWontok.org, or CarbonoWontok.org’s suppliers, subcontractors and agents (collectively ‘CarbonoWontok.org Contractors’) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the CarbonoWontok.org Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registrable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registrable or not in any jurisdiction in the world (‘Intellectual Property Rights’).
3.2
You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via the WWW, chat services, bulletin boards, multimedia files or articles submitted for publication on the Web Site or in using any of the Web Site Services (‘User Generated Content’) may be retained as the property of CarbonoWontok.org, however, users will retain complete copyright of their multimedia files. ‘Web Site Services’ is defined in Clause 5.2 below. CarbonoWontok.org shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6. You must also comply with our specific Copyright Statement outlined in the following point 3.3.
3.3
Copyright Information
By posting your multimedia file on CarbonoWontok.org you are acknowledging the following with respect to copyright for the material you have used.
3.3.1 You have met all copyright requirements in obtaining the multimedia files required by the copyright owner, or you are the original owner of any copyrighted material used in your multimedia file.
3.3.2 You are uploading the multimedia file on the understanding that you are giving CarbonoWontok.org express permission to stream your multimedia file to users.
3.3.3 You further grant our Internet radio station permission to play your multimedia file as a function of the upload process.
3.3.4 Any multimedia file uploaded to the site that is found to breach copyright in any manner will immediately be removed from the site.
3.3.6 If you are in doubt at any time as to the copyright status of any material you may be using, you are obligated to contact the copyright body in your area for qualifying information. Failure to do so constitutes a breach of any agreement you may have made with the Site.
4. Duration of User Terms and Termination
4.1
These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the license granted to you in accordance with clause 2;
4.1.2 CarbonoWontok.org terminates these User Terms by notice to you at any time in accordance with clause 9.2; or
4.1.3 you terminate these User Terms by notice to CarbonoWontok.org at any time in accordance with clause 9.1.
4.2
In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.2.1 the license granted to you in accordance with clause 2 shall be terminated forthwith and you shall have no further rights to use the CarbonoWontok.org Material;
4.2.2 you must delete or destroy any of the CarbonoWontok.org Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.
5. CarbonoWontok.org’s Responsibilities
5.1
CarbonoWontok.org undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2
CarbonoWontok.org makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free.
5.3
CarbonoWontok.org reserves the right, without notice to you, to remove any CarbonoWontok.org Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. CarbonoWontok.org will give you as much notice as possible prior to taking any of the actions described in this clause 5.3, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1
You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorized person to access the Web Site or any of the Web Site Services using your user name or password.
6.2
You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 You agree to indemnify CarbonoWontok.org against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of clauses 6.1 and 6.2, further in these circumstances, CarbonoWontok.org shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by CarbonoWontok.org forthwith, without notice to you.
8. Consent to Use Your Personal Information
8.1
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to CarbonoWontok.org and/or CarbonoWontok.org contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to CarbonoWontok.org or CarbonoWontok.org contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected CarbonoWontok.org Web Sites.
9. Limitation of Liability
9.1
The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9.2
The Web Site may contain links to third party web sites which are controlled and operated by parties other than CarbonoWontok.org. The links will let you leave the Web Site and CarbonoWontok.org is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by CarbonoWontok.org of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
12. General
12.1
For the purposes of all clauses of these User Terms, CarbonoWontok.org shall mean any CarbonoWontok.org group company which means, an CarbonoWontok.org subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989
12.2
These User Terms form the entire agreement between you and CarbonoWontok.org and its subsidiaries supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
12.3
CarbonoWontok.org reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. CarbonoWontok.org will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following CarbonoWontok.org’s posting of such changes will be regarded by CarbonoWontok.org as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
12.4
Nothing in these User Terms affects your statutory rights as a consumer.
12.5
If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
12.6
You acknowledge that CarbonoWontok.org has entered into these User Terms for its own benefit and for the benefit of each CarbonoWontok.org group company (as defined in clause 12.1 above) and these User Terms are intended to be enforceable by each CarbonoWontok.org group company by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.7
Subject to clause 12.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
12.8
If CarbonoWontok.org or any CarbonoWontok.org contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of CarbonoWontok.org or the CarbonoWontok.org contractors, neither CarbonoWontok.org nor any CarbonoWontok.org contractor will have any liability for that failure to perform.
12.9
Your use of the Internet is solely at your risk and subject to all applicable laws, and CarbonoWontok.org has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
12.10
By entering this site, you are acknowledging that you accept these Terms and Conditions, and that you understand your responsibilities.
CarbonoWontok® is the registered Trademark of NuPan (PNG and HK) Trading Corporation Limited
