Terms and Conditions:

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This site is fully controlled and operated by ONLINE LEARNING SYSTEMS (referred to below as "ONLINE LEARNING SYSTEMS" "we," "us," and "our").

By accessing and using this Site, you agree to be legally bound by these terms of use. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions (including the ONLINE LEARNING SYSTEMS Privacy Policy).

For your information, this page was last updated on May 28th May, 2004.

OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of ONLINE LEARNING SYSTEMS and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to New Zealand and foreign copyright and trademark laws.

Users are not permitted or authorised to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of ONLINE LEARNING SYSTEMS copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorised manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. ONLINE LEARNING SYSTEMS hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for non-commercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or ONLINE LEARNING SYSTEMS, provided that you maintain all copyright and other notices contained in such Materials.

You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without ONLINE LEARNING SYSTEMS express prior written consent. Unauthorised or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable laws. ONLINE LEARNING SYSTEMS respects the intellectual property of others, and we ask our users to do the same.

ONLINE LEARNING SYSTEMS may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ONLINE LEARNING SYSTEMS Copyright Agent with the following information:

(1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the site;

(4) your address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

ONLINE LEARNING SYSTEMS Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

ONLINE LEARNING SYSTEMS

Telephone: +64 6 351 4524

E-mail: oll@onlinelearning.co.nz

ONLINE LEARNING SYSTEMS USE OF USER SUBMITTED MATERIALS

By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to ONLINE LEARNING SYSTEMS a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognised throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

ONLINE LEARNING SYSTEMS FORUMS and MESSAGE BOARDS

To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings") in message boards or "Forums", please be advised that Postings do not necessarily reflect the views of ONLINE LEARNING SYSTEMS. Although we periodically monitor the Forums, in no event does ONLINE LEARNING SYSTEMS assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, we will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, we reserve the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.

You hereby understand and agree that ONLINE LEARNING SYSTEMS does not allow Postings that contain: · profanity, obscenities, or sexual content (express or implied) · religious, political, or social commentary · personal attacks on other people (individually or as a group) · slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images · materials created by someone else without their express written permission to do so ·· "cheat" or "hack" programs or information · solicitation of user passwords · private or personal information that might identify another user · other information that ONLINE LEARNING SYSTEMS deems, in its sole discretion, to be inappropriate for this site. You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any person, or otherwise violate any law or give rise to liability.

Further, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain. The Forums may be used for non-commercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money or ONLINE LEARNING SYSTEMS Items), or solicitations of any kind or nature.

You specifically acknowledge that soliciting other ONLINE LEARNING SYSTEMS users to join or become members of any commercial online service or other organisation or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited. You (and your parents, if you're under age 18) hereby authorise us to use, and to authorise others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to ONLINE LEARNING SYSTEMS the right to use and change the Postings in any manner that ONLINE LEARNING SYSTEMS may determine.

DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ONLINE LEARNING SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONLINE LEARNING SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONLINE LEARNING SYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT ONLINE LEARNING SYSTEMS) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONLINE LEARNING SYSTEMS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ONLINE LEARNING SYSTEMS OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ONLINE LEARNING SYSTEMS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS.

The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by ONLINE LEARNING SYSTEMS, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. ONLINE LEARNING SYSTEMS explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, ONLINE LEARNING SYSTEMS is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither ONLINE LEARNING SYSTEMS nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.

ONLINE LEARNING SYSTEMS encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, ONLINE LEARNING SYSTEMS cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will ONLINE LEARNING SYSTEMS be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

ONLINE LEARNING SYSTEMS cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from ONLINE LEARNING SYSTEMS, since such sites are owned and operated by third parties. ONLINE LEARNING SYSTEMS does not endorse any of the merchandise or services, nor has ONLINE LEARNING SYSTEMS taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites.

ONLINE LEARNING SYSTEMS does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against ONLINE LEARNING SYSTEMS with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ONLINE LEARNING SYSTEMS, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. ONLINE LEARNING SYSTEMS reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with ONLINE LEARNING SYSTEMS in asserting any available defences. ONLINE LEARNING SYSTEMS operates and controls the Site from its offices in Palmerston North. ONLINE LEARNING SYSTEMS makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to New Zealand export controls. These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all Materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source). The privileges granted to you under this Agreement will terminate immediately and automatically without notice from ONLINE LEARNING SYSTEMS if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.

This Agreement contains the entire understanding of you and ONLINE LEARNING SYSTEMS, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified except by a writing signed by you and an authorised signatory for ONLINE LEARNING SYSTEMS. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with, the internal laws of New Zealand applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws).

You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the courts located in the country of New Zealand. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

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