| Disclaimer/Trust Purposes
1.0
Terms Of Use
1.1
The terms of use are the terms on which
Artists Against Slavery offers you access to the Website. By using
and/or visiting the Website you accept these terms of use. If you do not
accept these terms of use, you must refrain from using the Website.
2.0
Use of Website
2.1
Artists Against Slavery (and its licensors
or suppliers, as the case may be) owns all proprietary and intellectual
property rights in the Website, the Content and the software and other
material underlying and forming part of the Website. Artists Against
Slavery reserves all rights not expressly granted in and to the Website
and the Content.
2.2
Artists Against Slavery hereby grants you
permission to access the Website and the content solely for Permitted
Uses as set forth in these terms of use. You may not without our prior
written permission, in any form or by any means adapt, reproduce, copy,
store, distribute, print, display, perform, publish or create derivative
works from any part of the Website; or commercialise, copy, or on-sell
any information or Content obtained from any part of this Website.
2.3
Artists Against Slavery reserves the right
to discontinue any aspect of the Artists Against Slavery Website at any
time.
2.4
You must not damage, interfere with or
harm the Website, or any network, or system underlying or connected to
them, or attempt to do so. You must not use the Website or the Content
in any way that is intended to or likely to cause harm or bring any form
of disrepute to Artists Against Slavery or the producer of the relevant
Content.
2.5
You must not use part only of any Content
in such a way as to change the meaning of the Content, intentionally or
unintentionally.
2.6
You must not use the Website to promote
Content for sale outside the Website.
2.7
You agree not to use or launch any
automated system, including without limitation, "robots," "spiders," or
"offline readers," that accesses the Website in a manner that sends more
request messages to the Artists Against Slavery servers in a given
period of time than a human can reasonably produce in the same period by
using a conventional on-line web browser. Notwithstanding the
foregoing, Artists Against Slavery grants the operators of public search
engines permission to use spiders to copy materials from the site for
the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches
or archives of such materials. Artists Against Slavery reserves the
right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website (e.g. comments, email) for
any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their
Content.
2.8
You understand that when using the Artists
Against Slavery Website, you will be exposed to Content from a variety
of sources, and that Artists Against Slavery is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or
relating to such Content. You further understand and acknowledge that
you may be exposed to Content that is inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may have against Artists
Against Slavery with respect thereto, and agree to indemnify and hold
Artists Against Slavery, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site.
3.0
Disclaimer of Liability
3.1
Your use of the Website is at your sole
risk. The Website are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, Artists Against Slavery
disclaims and excludes all implied conditions or warranties, including,
but not limited to, any warranties of merchantability, fitness for a
particular purpose, and non-infringement.
3.2
Artists Against Slavery does not warrant
that:
(a)
The services provided will be
uninterrupted, timely, secure, or error free; or
(b)
Any information (including feedback)
provided on the Website is error-free or reliable;
3.3
Artists Against Slavery takes no
responsibility for any system unavailability, or for any loss that is
incurred as a result of Website being unavailable. Further, Artists
Against Slavery assumes no responsibility for the corruption of any data
or information held by Artists Against Slavery.
3.4
No advice or information that is obtained
by you from Artists Against Slavery or anyone else shall create any
warranty by Artists Against Slavery that is not expressly stated in the
terms of use; and
3.5
You agree that, to the maximum extent
permitted by law, any and all liability and responsibility of Artists
Against Slavery and its officers, employees and agents to you or any
other person under or in connection with these terms of use, or in
connection with the Website or your use of or inability to use the
Website, is excluded regardless of whether such liability arises in
contract, tort (including negligence), equity, breach of statutory duty
or otherwise. Artists Against Slavery's (and its officers, employees and
agents’) liability and responsibility is excluded in respect of any and
all loss or damage, whether direct or indirect, including, without
limitation, loss of profits, loss of data, loss of business or
anticipated savings, general and special damages, and consequential and
incidental loss.
4.0
General
4.1
The laws of
New Zealand govern these terms of use. You submit to the non-exclusive
jurisdiction of the Courts of New Zealand.
4.2
If any provision of these terms of use
becomes or is held to be invalid, unenforceable or illegal for any
reason, and in any respect, that provision shall be severed from the
remaining terms of use, which shall continue in full force and effect.
4.3
Artists Against Slavery collects personal
information about you through your use of the Services and the Website,
including:
(a)
your registration details; and
(b)
information relating to your use of the
Website and the content you access.
4.4
You agree that Artists Against Slavery may
use this personal information for internal research purposes, to verify
your identity, for promoting and marketing Artists Against Slavery
products and services to you, and for any other use that you authorise.
4.5
We will not sell or allow third parties to
access your personal information without your consent. We release
account and other personal information only when we believe release is
appropriate to comply with law; facilitate court proceedings; enforce or
apply our terms of use; or protect the rights, property, or safety of
Artists Against Slavery, our users, or others.
4.6
These terms of use may be amended in whole
or in part by Artists Against Slavery from time to time. Amendments will
be effective immediately upon posting of the amended terms of use on
this Website. You are responsible for ensuring you are familiar with the
latest terms of use. Your continued use of the Services represents your
agreement to be bound by the terms of use as amended.
5.0
Definitions
5.1
In these terms of use, unless the context
otherwise requires, the following expressions have the meanings set out:
(a)
“Content” means the content on the Website
including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like.
(b)
“Permitted Uses” means personal,
non-commercial use of Content on the Website;
(c)
“Services” means any one or more of the
services offered by Artists Against Slavery from time to time, including
providing access to the Website and any other service that Artists
Against Slavery may offer.
(d)
“We”, “us” and “our” are a reference to
Artists Against Slavery.
(e)
“Website” means any Artists Against
Slavery website.
TRUST PURPOSES
2.1 The Donor hereby declares and directs that the Trustees shall hold
and the Trustees hereby agree and declare that they will hold the Trust
Fund UPON TRUST to devote or apply the said Trust Fund both capital and
income to or for any educational or other charitable purposes, including
(but without being limited to) purposes, or charitable organisations or
funds with such purposes, designed to assist men, women and children
who, as a result of enslavement, are disabled, impoverished or in need
of education, or to raise awareness of and prevent human trafficking and
enslavement as are from time to time selected by the Trustees and which
are valid charitable purposes.
2.2 Subject to clause 2.1 and without in any way derogating from it, the
Trustees may devote or apply both capital and income of the Trust Fund
to a separate fund to further the Charitable Purposes within New Zealand
and, where appropriate;
(a) to further objects designed to assist men, women and children who,
as a result enslavement, are disabled, impoverished or in need of
education, or to raise awareness of and prevent human trafficking and
enslavement,
(b) to grant financial assistance towards any other purely charitable
organisation or charitable fund.
PROVIDED HOWEVER that the Trustees shall be vested with an absolute
discretion as to the apportionment from time to time of the Trust Fund
amongst or for the benefit of the Trust Purposes referred to in clauses
2.1 or 2.2 above, and may from time to time set apart the whole or any
part for the benefit of any specified Purpose or Purposes to the
exclusion of the other or others, if the Trustees so desire.

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