The following terms and conditions govern all use of the CylinderBoss website and all content, services and products available at or through the website, including, but not limited to, CylinderBoss Web Applications, CylinderBoss API, CylinderBoss Forum Software, CylinderBoss Support Forums and the CylinderBoss hosting service (“Hosting”), (taken together, the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CylinderBoss, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify CylinderBoss of any unauthorised uses of your account or any other breaches of security. CylinderBoss will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
User contributions are licensed under a Creative Commons Attribution 4.0 License. Without limiting any of those representations or warranties, CylinderBoss has the right (though not the obligation) to, in CylinderBoss’s sole discretion (i) refuse or remove any content that, in CylinderBoss’s reasonable opinion, violates any CylinderBoss policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CylinderBoss’s sole discretion. CylinderBoss will have no obligation to provide a refund of any amounts previously paid.
Optional paid services or upgrades may be available on the Website. When utilising an optional paid service or upgrade, you agree to pay CylinderBoss the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilising the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Unless you notify CylinderBoss before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.
Optional Hosting and Support services may be provided by CylinderBoss under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
CylinderBoss has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CylinderBoss does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CylinderBoss disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.cylinderboss.com links, and that link to www.cylinderboss.com. CylinderBoss does not have any control over those non-www.cylinderboss.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-www.cylinderboss.com website or webpage, CylinderBoss does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CylinderBoss disclaims any responsibility for any harm resulting from your use of non-www.cylinderboss.com websites and webpages.
As CylinderBoss asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.cylinderboss.com violates your copyright, you are encouraged to notify CylinderBoss. CylinderBoss will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CylinderBoss will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CylinderBoss or others. In the case of such termination, CylinderBoss will have no obligation to provide a refund of any amounts previously paid to CylinderBoss.
This Agreement does not transfer from CylinderBoss to you any of CylinderBoss or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CylinderBoss. CylinderBoss, www.cylinderboss.com, the www.cylinderboss.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.cylinderboss.com, or the Website are trademarks or registered trademarks of CylinderBoss or CylinderBoss’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CylinderBoss or third-party trademarks.
CylinderBoss reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.
CylinderBoss reserves the right to display attribution links such as ‘Powered by www.cylinderboss.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the www.cylinderboss.com toolbar may not be removed regardless of upgrades purchased.
CylinderBoss reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CylinderBoss may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
CylinderBoss may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.cylinderboss.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. CylinderBoss and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CylinderBoss nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will CylinderBoss, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CylinderBoss under this agreement during the twelve (12) month period prior to the cause of action. CylinderBoss shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless CylinderBoss, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between CylinderBoss and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of CylinderBoss, or by the posting by CylinderBoss of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, and the proper venue for any disputes arising out of or relating to any of the same will be Auckland, New Zealand.