Terms of Use
Updated: 25 September 2013
In order to keep pace with changes in our service, we review our Terms of Use from time to time to make sure they're up to date. As a result of our recent review, we've updated our Terms of Use. We encourage you to read them carefully.
This document sets out the terms of Use between The Kangaroo Court and Users of our Website. Please also read our Privacy Policy for information on how The Kangaroo Court uses personal information. Headings in this Agreement are non-binding, included for convenience only and will not affect the interpretation of this Agreement.
Definitions
In this Agreement, the following definitions are used:
“Account” means your account with us which is created when you register to use the Website.
“Agreement” means these terms of use.
“Content” means all information about a User, including (but not limited to) name, email address, and fine data.
“Intellectual Property” means any Intellectual Property throughout the world and includes (but is not limited to) rights in copyright, trademarks, inventions, patents, designs, confidential information and know how. It also means any Intellectual Property that exists now or in the future irrespective of whether it is registerable and includes the right to apply to register or own any Intellectual Property.
“The Kangaroo Court” or "we" means the owners/developers of The Kangaroo Court website, who can be contacted using the Contact Us page.
“User” or "you" means the person who uses the Website.
“Website” means the internet URL of The Kangaroo Court available at www.the-kangaroo-court.com. This includes parts of the Website that the User can use without logging into the Website.
Acceptance of Terms of Use
Acceptance
Registering to use the Website means that you have read and agree to this Agreement.
Amendments to this Agreement
This Agreement may be amended or replaced from time to time, with or without notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, we will post an announcement on the Website. What constitutes a material change will be determined at our sole discretion. You will be responsible for reading and understanding any updated Agreement. Your continued use of the Website and/or website constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement please Contact Us.
Description of Service
Description
The Website lets Users create an account, add their team, season, game, player, and fine data. It also allows them to enter the details of their team members, and invite them to join The Kangaroo Court via an automated email.
Changes
The User accepts that the Website may evolve and change over time. The Kangaroo Court reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Website (or any part of it) with or without notice to Users. We will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Website.
Disruption of Service
We take all reasonable steps to ensure that the Website will function as intended once an Account is created by Users. However, you acknowledge and agree that your access to the Website may be disrupted as a result of any malfunction, updating, maintenance or repair of the Website or for any other reason within or outside our control (such as availability of the internet).
The Kangaroo Court shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Website.
You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and store and manage the Content.
You further agree that use of the Website is at your own risk and that we do not warrant that the Website will meet your specific requirements, or that use of the Website will be uninterrupted, timely, secure, or error-free.
User Conduct
Information Supplied
Each User confirms that any information they provide to Website during registration is true, accurate and current.
Acceptable Use
The Kangaroo Court grants Users the right to access and responsibly use the Website. This right is not exclusive, not transferable, and subject to the terms of this Agreement. Responsibility for, and control over, Content relating to a particular User will always remain with the User, and other members of their Team that have been designated as editors for that Team. The User must not use the Website for any illegal purpose or post any Content or other information or material that is illegal, harmful, obscene, objectionable or racist. Further, Users must not use the Website or post any Content which breaches any person's rights of privacy, contains viruses, or infringes any person's Intellectual Property rights.
You will be responsible for any and all claims, losses, damages, costs and expenses arising out of your Content. In particular (and without limitation), you will be responsible for any claims that any of the Content is illegal or offensive.
Security
You must keep your Account password confidential. The User is responsible for all actions taken by any person that has attained access to their Account and agrees to notify The Kangaroo Court immediately of any unauthorised use of their Account or other breach of security. The User must not attempt to gain unauthorised access to any Content that they do not have permission to access. The User must not undermine the security or integrity of The Kangaroo Court's or any third party's systems or networks.
Confidentiality
User Information
The Kangaroo Court will treat personal information as confidential and comply with the Privacy Act 1993 (New Zealand). The Kangaroo Court will make every reasonable effort to keep Content confidential and secure. We will not disclose this Content to anyone or in any situation except:
- to other Users who are members of the same Team as the Account Holder;
- to The Kangaroo Court's personnel and any service provider that The Kangaroo Court works with where necessary to operate the Website (any such persons must agree to equivalent obligations regarding confidentiality);
- if The Kangaroo Court or its assets are purchased or acquired;
- if the User gives The Kangaroo Court permission to do so, for example by sharing or tweeting their fine data; or
- if required by law.
The User must not share another User's Content without that User's explicit permission. The User agrees to the terms set out in The Kangaroo Court's Privacy Policy.
Intellectual Property
Your Content
The Kangaroo Court will not acquire any ownership interest in or to any Content, and title over Content will always remain with the relevant User.
You agree that The Kangaroo Court owns the Website, and any other materials created or acquired by The Kangaroo Court (including but not limited to images, photographs, animations, video, audio, text, code, functionality, the interface, User feedback and accompanying printed or marketing materials) that do not constitute Content.
By using the Website, you confirm that any Content you post to the The Kangaroo Court does not infringe any other person's Intellectual Property rights or any law. The Kangaroo Court will not access or remove your Content unless you provide permission, The Kangaroo Court suspects you have breached this Agreement or otherwise in accordance with this Agreement.
Indemnity and Liability
Indemnity
All Users agree to indemnify, and keep indemnified, The Kangaroo Court, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Website, including (without limitation) as a result of any:
- breach of this Agreement;
- Content posted in the Website; or
- violation of any rights of a third party, by you or any person using your Account or username and password.
Limitation of Liability
In no event or circumstances shall The Kangaroo Court be liable under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, Content, data, opportunity, revenue or business, whether caused by any other User, The Kangaroo Court, its servants, agents or any other persons acting on its behalf.
Termination
Termination by The Kangaroo Court
The Kangaroo Court may suspend or terminate a User's Account at any time if The Kangaroo Court deems the User has breached this Agreement. Upon termination The Kangaroo Court may automatically remove all Content related to that Account.
General
Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to this Agreement.
Assignment
The Kangaroo Court may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Validity
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.