The Content is protected by New Zealand and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way, except as expressly provided for on the Website or expressly authorised in writing by Machinery Media or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
a) using an industry-standard web browser, download and view the Content for your personal, non-commercial use or;
b) if you are an internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose that is unlawful or in any manner that violates any right of Machinery Media or an affiliate, or which is prohibited by the Terms of Use.
Communication facilities
The Website may from time to time contain communication facilities, which provide for feedback by users to Machinery Media, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (Communication Facilities). It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
a) restrict or inhibit any other user from using or enjoying any forum;
b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
d) post or transmit any material of any kind which contains a virus or other harmful component;
e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
g) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Machinery Media may from time to time monitor or review the contents of its Communication Facilities. While Machinery Media reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Machinery Media’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Machinery Media has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Machinery Media responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own).
You expressly acknowledge and agree that the Communication Facilities provide a means of public, and not private, communications.
Machinery Media reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User license to Machinery Media
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Machinery Media a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive, in favour of Machinery Media and any other party authorised by Machinery Media, all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Machinery Media, you will execute and deliver to Machinery Media such instruments and take other such actions as may be required to carry out this grant of license and waiver.
Motorhomes, Caravans and Destinations magazine subscription conditions
Motorhomes, Caravans and Destinations magazine’s subscription offer is open to New Zealand and Australia residents only and is not available in conjunction with any other offer. Once processed, subscriptions are non-refundable and non-transferable, although exceptions can be looked at on a case-by-case basis. Machinery Media will keep your details, and the details of any gift recipient on file so it can post or email the magazine subscription(s) and information about Machinery Media publications, products and offers or relevant third-party goods and services. Under the Privacy Act 1993 you have the right to see or correct your personal information held by Machinery Media.
Advertising, links to third-party websites and e-commerce offers
The Website contains hyperlinks and other pointers to internet websites or sales listings operated by third parties or private individuals. These linked websites and sales listings are not under the control of Machinery Media and Machinery Media is not responsible for the contents of any linked website or any hyperlink contained in a linked website or sales listing. Machinery Media provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Machinery Media or its affiliates. You link to any such website or sales listing entirely at your own risk.
The Website also contains third-party advertisements (including banner ads and full-page advertisements), which contain embedded hyperlinks, or which include referral buttons to websites operated by third parties or their licensees or contractors.
All third-party advertising (including sales listings, referral buttons and embedded hyperlinks) is paid for by the relevant third-party advertisers and are not recommendations or endorsements by Machinery Media or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, an advertisement will contain representations or offers by the third-party advertiser which you can accept by linking to the advertiser’s website or sales listing and executing the relevant transaction. Such offers are not made by Machinery Media, and the third-party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website or sales listing.
Disclaimer and limitation of liability
The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (except where goods or services are acquired for business purposes) may confer rights and remedies on you in relation to the provision by Machinery Media of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). Machinery Media does not exclude any Non-excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
a) all Content is provided ‘as is’ and without warranties of any kind, either express or implied;
b) Machinery Media and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose;
c) Machinery Media does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
d) Machinery Media does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
e) you (and not Machinery Media) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Machinery Media or its affiliates) will Machinery Media or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Machinery Media does not exert control over users of the network (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Machinery Media’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Machinery Media to the following:
in the case of services supplied or offered by Machinery Media,
a) the supply of the services again, or
b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Machinery Media,
c) the replacement of the goods or the supply of equivalent goods,
d) the repair of such goods,
e) the payment of the cost of replacing the goods or acquiring equivalent goods, or
f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by Machinery Media, and Machinery Media may terminate this agreement and your access to the Website at any time and without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Machinery Media disclaimers and limitations of liability set out in the Terms of Use will survive.
Trademarks of Machinery Media and its affiliates
The trademarks displayed on the Website are trademarks of Machinery Media, its affiliates or of their respective owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Machinery Media, the relevant Machinery Media affiliate or third party owner.
If you wish to place a trademark (whether in stylised or logo form or not) on your own website as a hyperlink to the Website, you must first obtain the express written authorisation of Machinery Media, the relevant affiliate, or third party owner, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Miscellaneous
This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
