Terms & Conditions

 

Terms of Service

 

Welcome to LifeStone. Please take a moment to consider our terms of service as we strive to bring our customers a user experience second to none.

  • Acceptance of terms


The services that Lifestone provides to user is subject to the following terms of use ("tou"). Lifestone reserves the right to update the tou at any time without notice to user. The most current version of the tou can be reviewed by clicking on the "terms of use" hypertext link located at the bottom of our web pages. 

By using or accessing the Services, you're agreeing to these Terms. If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

  • This agreement, which incorporates by reference other provisions applicable to use of, including, but not limited to, supplemental terms and conditions set forth hereof ("supplemental terms") governing the use of certain specific material contained in Lifestone, sets forth the terms and conditions that apply to use of Lifestone by user.

    1. The term “user” “you” or “you” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the services.

    2. By using Lifestone (other than to read this agreement for the first time), user agrees to comply with all of the terms and conditions hereof. The right to use Lifestone is personal to user and is not transferable to any other person or entity. User is responsible for all use of user's account (under any screen name or password) and for ensuring that all use of user's account complies fully with the provisions of this agreement. User shall be responsible for protecting the confidentiality of user's password(s), if any.

    3. Lifestone shall have the right at any time to change or discontinue any aspect or feature of Lifestone, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

 

  • Services content

Through its web property, Lifestone provides user with access to a variety of resources, including download areas, communication forums and product information (collectively "services"). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the tou. 

Some features of the services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "material"). You agree not to submit any material that:

 

  • Contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

  • Is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

  • Unfairly interferes with any third party’s uninterrupted use and enjoyment of the services;

  • Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;

  • Is intended primarily to promote a cause or movement, whether political, religious or other;

  • Contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;

  • Constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;

  • Discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;

  • Infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

  • Contains viruses or other harmful, disruptive or destructive files;

  • Harms or is inappropriate for minors to view;

  • Is contrary to the use terms of associated host sites such as Lifestone.

  • Is not otherwise in compliance with these terms of use.

 

  • User Conduct

 

  • User shall use Lifestone for lawful purposes only. User shall not post or transmit through Lifestone any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Lifestone's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in Lifestone's discretion restricts or inhibits any other user from using or enjoying Lifestone will not be permitted. User shall not use Lifestone to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with lifestone.

 

  • Lifestone contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Lifestone are copyrighted as a collective work under New Zealand copyright laws. Lifestone owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Lifestone and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

  • User shall not upload, post or otherwise make available on Lifestone any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Lifestone, user automatically grants, or warrants that the owner of such material has expressly granted Lifestone the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that user's personal use. User hereby grants Lifestonethe right to edit, copy, publish and distribute any material made available on Lifestone by user.

 

  • Safety and required standards of conduct

    • Always use caution when giving out any personally identifiable information in any communication services. Lifestone does not control or endorse the content, messages or information found in any communication services and, therefore, LifeStone specifically disclaims any liability with regard to the communication services and any actions resulting from user’s participation in any communication services

    • You will not post unauthorized commercial communications (such as spam of any sort) on Lifestone.

    • You will not collect users' content or information, or otherwise access Lifestone, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

    • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Lifestone.

    • You will not upload viruses or other malicious code.

    • You will not solicit login information or access an account belonging to someone else.

    • You will not bully, intimidate, or harass any user.

    • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

    • You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

    • You will not use Lifestone to do anything unlawful, misleading, malicious, or discriminatory.

    • You will not do anything that could disable, overburden, or impair the proper working or appearance of Lifestone, such as a denial of service attack or interference with page rendering or other Lifestone functionality.

    • You will not facilitate or encourage any violations of these terms or our policies

 

  • Content

 

  • Lifestone does not guarantee any confidentiality with respect to Content.

    1. You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to LifeStone and other users of the Service.

    2. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. LifeStone expressly disclaims any and all liability in connection with Content.

    3. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable LifeStone to use your content for the purposes of the provision of the Service by LifeStone.

    4. On becoming aware of any potential violation of these Terms, LifeStone reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these Terms and may remove such content and/or terminate a User's access for uploading content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

    5. You further understand and acknowledge that in using LifeStone Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LifeStone with respect to any such content.

  • Member account, password, and security

 

If any of the services requires user to open an account, user must complete the registration process by providing Lifestone with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify Lifestone immediately of any unauthorized use of user’s account or any other breach of security. Lifestone will not be liable for any loss that user may incur as a result of someone else using user’s password or account, either with or without user’s knowledge. However, user could be held liable for losses incurred by Lifestone or another party due to someone else using user’s account or password. User may not use anyone else's account at any time, without the permission of the account holder. 

  • Materials provided to Lifestone or posted at any of Lifestone addresses


Lifestone does not claim ownership of the materials user provide to Lifestone (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a "submission" and collectively "submissions"). However, by posting, uploading, inputting, providing or submitting ("posting") user’s submission user is granting lifestone its affiliated companies and necessary sublicensees permission to use user’s submission in connection with the operation of their internet businesses (including, without limitation, all lifestone services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat user’s submission; to publish user’s name in connection with user’s submission; and the right to sublicense such rights to any supplier of the services. 

No compensation will be paid with respect to the use of user’s submission, as provided herein. Lifestone is under no obligation to post or use any submission user may provide and Lifestone may remove any submission at any time in its sole discretion. By posting a submission user warrants and represents to own or otherwise control all of the rights to user’s submission as described in these terms of use including, without limitation, all the rights necessary for user to provide, post, upload, input or submit the submissions. 

  • Monitoring

Lifestone shall have the right, but not the obligation, to monitor the content of Lifestone, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by Lifestone and to satisfy any law, regulation or authorized government request. Lifestone shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Lifestone. Without limiting the foregoing, Lifestone shall have the right to remove any material that Lifestone, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 

 

  • Disclaimer of warranty; limitation of liability

 

  • User expressly agrees that use of Lifestone is at user's sole risk. Neither Lifestone, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Lifestone will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Lifestone assets, materials and services, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Lifestone.

 

  • Lifestone is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

 

  • This disclaimer of liability applies to any damages, loss or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Lifestone is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

 

  • In no event will Lifestone, or any person or entity involved in creating, producing or distributing Lifestone or the Lifestone software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Lifestone. User hereby acknowledges that the provisions of this section shall apply to all content on the site and services offered and rendered.

 

  • In addition to the terms set forth above neither, Lifestone nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Lifestone, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

 

  • In any case or matter, for the purpose of clarity. User agrees to defend, indemnify and hold harmless Lifestone, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Lifestone by user or user's account.

 

  • Copyright notice and Trade Marks

 

Lifestone its logos are trademarks of Lifestone, all rights reserved. All other trademarks appearing on Lifestone are the property of their respective owners. 

 

  • General Terms

    • You agree that Lifestone may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

    • Informal Resolution. Before filing a claim against Lifestone, you agree to try to resolve the dispute by first emailing gen@Lifestone.co.nz with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (90) days of our receipt of your first email, you or Lifestone may then bring a formal proceeding.

    • The Terms, and your relationship with LifeStone under the Terms, shall be governed by New Zealand law. You and LifeStone agree to submit to the exclusive jurisdiction of the courts of New Zealand to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Lifestone shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

    • Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.