Terms, conditions and privacy

Accessing the websites

These terms, conditions and privacy policies outlined apply to all users of websites controlled by or owned by Convergent Online Media Limited (the "Sites"), including users who contribute content such as video, images, review, blogs, build diaries, forum postings and other materials or services to the websites.

It is forbidden to use or cause to be used any automated website browsing systems such as spiders and robots that access the Sites utilizing requests that occur more rapidly than would be possible by one person accessing the Sites using one conventional online browser (such as Internet Explorer).

Operators of public search engines may allow their spiders to crawl the Sites for the sole purpose of creating publicly searchable indices of the content of the Sites, but not caches or archives.

Account names may not be harvested from the Sites.

Copyrights

Copyright 2011 Convergent Online Media Ltd. All Rights Reserved. The text, images, graphics, sound files, animation files, video files (the "Content") and their arrangement on the Convergent Online Media Internet site(s) are all subject to copyright and other intellectual property protection. The Content is owned or licensed to Convergent Online Media. These objects may not be copied for commercial use or distribution, nor may these objects be modified or re-posted to other sites. By using this Site you agree not for yourself or through or by way of assistance from any third party to distribute, copy, extract, or commercially exploit such material or content without prior consent. Some Convergent Online Media Internet sites also contain images that are subject to the copyright rights of their providers.

Convergent Online Media's websites may contain links to third-party websites that are not owned or controlled by Convergent Online Media. Convergent Online Media assumes no responsibility for the content on these sites or their policies of use. We recommend you read and adhere to the terms, conditions and privacy policies of external websites that you visit.

Trademarks and patents

Unless otherwise indicated, all marks displayed on Convergent Online Media's Sites are subject to the trademark and patent rights of Convergent Online Media Ltd.

No Warranties or Representations

The information on this website is provided by Convergent Online Media "as is" and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

Convergent Online Media does not endorse any User Submission or any opinion or advice expressed within, and expressly disclaims liability in connection with User Submissions.

Your use of the Sites indicates you understand that you will be exposed to User Submissions that may contain inaccuracies. Convergent Online Media is not responsible for the end use of any User Submissions or other content in the Sites.

Use of the Sites is at your sole risk. Convergent Online Media, its directors, employees and agents disclaim all warranties, express or implied in connection with the Sites and your use thereof.

Forward-Looking Statements

This web site contains forward-looking statements based on beliefs of Convergent Online Media management. When used in this web site, words such as "anticipate", "believe", "estimate", "expect", "intend", "plan" and "project" are intended to identify forward-looking statements. Such statements reflect the views of Convergent Online Media as of the date made with respect to future events and are subject to risks and uncertainties. Convergent Online Media disclaims any intention or obligation to update these forward-looking statements.

Damages, legality and disputes

In no event will Convergent Online Media be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Site. Convergent Online Media does not warrant that the material contained in this site will be error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

If any of these Legal and Privacy terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Legal and Privacy terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Legal and Privacy terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Legal and Privacy terms shall be governed by and construed in accordance with the laws of New Zealand. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of New Zealand.

No Licenses

Convergent Online Media has sought to achieve an innovative and informative Internet site. However, Convergent Online Media must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that this Internet site has granted no license to Convergent Online Media's intellectual property.

Privacy

Convergent Online Media websites (the "Sites"), any unique URLs they appears on, and all personal information collected from users of the Sites, are owned solely by Convergent Online Media Limited. In this Privacy Policy references to "us", "our", and "we" are references to Convergent Online Media Limited.

We take our users' privacy seriously.

This Privacy Policy details how we treat your personal information, and is part of the Terms and Conditions of the Sites. This Privacy Policy applies only to the Sites, not to websites that we have no control over (i.e. sites that link to our Site, or sites that we link to).

Your consent

Your use of the Sites signifies your consent to us collecting and using personal information about you in accordance with this Privacy Policy.

What information do we collect?

You can access the majority of the Sites without disclosing any personal data. However, in order to provide you with a range of other services (such as blogs, uploading content, ecommerce, email alerts, etc), we may collect other information. In any case when we collect information, you will be the one that personally supplies it to us, predominantly when filling in a form to order a product or service, or fill in a survey. This may be, for example, your name, mailing address, email address, telephone number, gender and preferences, and we may store this for future reference.

When creating your account you must supply accurate and complete information and keep your account password secure. You are completely and solely responsible for activity that occurs on your account. You must not access another user's account without their permission. If you become aware of a breach in the security on your account, notify Convergent Online Media immediately. Please be aware that if you have not divulged your password to anyone, your computer may be infected with spyware such as key loggers. We recommend the use of anti-spyware software.

Convergent Online Media will never install malicious spyware on your machine.

How do we use your information?

Any personal data relating to you is used and stored in accordance with this Privacy Policy and current data protection best practices. We may use your personal information to let you know about new features or offerings on the Site, for record keeping purposes, to track activity on our site, or to improve usefulness and content, for example.

We may operate an opt-in mailing list to send you Convergent Online Media -related news. When you register on our site, you are automatically subscribed to the email list for that site and on receiving the first notification you can unsubscribe by following the instructions at the bottom of the email.

We reserve the right to disclose your personal information:

• To another entity taking over the running of the Sites or purchasing our assets
• To any law enforcement agency reasonably requesting it on the condition that we are satisfied as to the circumstances surrounding the request.
• In order to comply with applicable laws a lawful government requests,
• To protect our users and ourselves.

Security

We take every precaution to protect your personal information. We may ask you for proof of identity before disclosing any personal information to you.

Competitions

From time-to-time we may run competitions. If we contact you to inform you of a competition, your entry is voluntary. Should you choose to enter a competition, we will treat the information you provide with the same high standard of care as all other customer information. You may be required to register for an account to enter a competition. By supplying us your email address when entering a competition you will be signed up to the newsletter relating to the magazine/website running the competition. You can unsubscribe on receiving the first email newsletter.

Competitions are open only to New Zealand residents, unless otherwise stated.

Cookies

The Sites may send you a cookie automatically when you use it. Cookies are used, for example, to compile anonymous usage statistics and patterns of browsing. When used in this manner you are not personally identifiable.

Some of our business partners may use cookies on the Sites or their own sites. We have no access to, or control over these cookies. You can set your internet browser to reject cookies, though some features of the Sites may become unusable.

Correcting and Updating Personal Information

If your personal information changes, or if you believe we are storing incorrect data about you, you may ask us to correct or update it by using the form in the Contact Us page. We may require you verify your identity before effecting any changes.

Site and Service Updates

We may send you service announcements or updates relating to the Sites. You cannot unsubscribe from these as they will contain important information about the services provided on the Site.

Notification of Changes

We may occasionally modify our Privacy Policy.

General

• We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
• You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site, that it is compatible with our Site and that you have implemented sufficient procedures and virus checks. We cannot guarantee or warrant that any material available for downloading from our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties.
• We accept no liability for loss or damage suffered by you arising out of or in connection with the viewing, use or performance of our Site or its contents other than as a direct result of your purchasing goods, except where we have been negligent.
• The Website is controlled and operated in New Zealand (although the physical location of the server may exist outside of New Zealand). These Conditions and all matters connected with any order you place on the Website are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to all matters connected with or arising out of the Site or any order you place on the Site. Customers who access the Site from outside New Zealand do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable.
• Nothing in these Conditions in any way is an attempt to restrict or affect your statutory rights under New Zealand law.