ToS

Terms of Service for Taunaki.
By accessing and using this website located at www.taunaki.com in any manner you agree to the Terms of Service outlined below as well as any other terms and regulations for the site. By using the site you accept these conditions. If you disagree with the terms and conditions and are not willing to be bound by them, do not use the site in any manner.
Definitions
1. By “User” is defined anyone who uses the website in any manner, including but not limited to those who contributes to this site in any form; including but not limited to writing reviews and articles.
2. “Services” is the definition of the services and functionality made available to Users on this site.
3. “Content” is defined as the information of any nature and images in any form and shape found on the site.
4. “Your Content” is the Content that you submit to the site one way or another, in other words, it is what can be viewed by other Users. It doesn't include your personally identifiable information when you create an account on the site as per the Privacy Policy (it excludes personal identification date you provided upon creating your account as confirmed in and subject to the Privacy Policy).
5. “Taunaki Content” is the content created by Taunaki and made available to the site.
6. “Third Party Content” is content made available to the site created by others than Users or Taunaki.
7. “Site Content” is all the content of the site, including User Content, Taunaki Content, Your Content and Third Party Content.
Eligibility
You must not be prohibited to perform and be subject to binding contracts either by lacking legal age, by legal prohibition or other types of legal limitations. By accessing and using the site you represent and warrant that you have the rights to enter into the Terms of Service and to abide by all the terms and conditions within. If you access the site on behalf of others, companies, entities or organizations, you represent and warrant that you have the authority to bind such to the Terms of Service.
Changes to the Terms of Service or the Site.
The Terms of Service can be changed at any time. The new conditions will be made available and accessible on the Site, with an indication of the date when the revision happened. By continuously using the site you indicate you accept the modifications. Any changes to the Site and Services are subject to the Terms of Service.
User Accounts
In order to access some of the Services, you may be required to register on the Site and create a User Account,and possibly to provide personal data to Taunaki. You are solely responsible for maintaining confidentiality of any passwords that you use in regards to the Site, and you are solely responsible for all activities in relation to your account. If you suspect any unauthorized use of your account, you are to contact Taunaki immediately. Taunaki has the right to close your account at any time for any or no reason. There are three types of accounts:
1. “Personal Account” is the account for your personal, non-commercial use only, which may be used to post reviews, leave comments, ratings among other types of User Content. You are encouraged to provide accurate information about yourself in order to raise your credibility as a User of the site. You may instead choose to use impersonal information as long as you do not impersonate someone else or break any copyrights, trademarks, regulations or laws, you are not allowed to provide an e-mail address which is not your own nor to create multiple Personal Accounts.
2. “Business Account” is for use on the Site as a representative of a business that is listed on the Site. You must be authorized to maintain this account and act as representative for the business in question. You may not provide an e-mail address which is not your own or create multiple Business Accounts.
3. “Author Account” is for use on the Site as an User with special privileges for writing articles and information provided to the Users. You must have full copyrights over the material you submit, or be granted free use of it. By writing or modifying or otherwise submitting an article you warrant that you have full rights to publish the text on the Site and are not breaking any copyrights or Creative Commons rights. You may not provide an e-mail address which is not your own or create multiple Author Accounts.
Use of the Site.
1. Within the restrictions set forth herein, Taunaki grants you permission to access and use the Services of the Site.
2. You will be exposed to User Content and Third Party Content. This Content might be offensive, indecent, inaccurate, objectionable or otherwise inappropriate. Taunaki takes no responsibility for User Content or Third Party Content, nor does Taunaki endorse Content on the Site.
Restrictions on Use
You agree you will not, and will not permit others to:
1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site;
2. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Site for promotional or commercial purposes, unless expressly allowed to do so by Taunaki;
4. use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews;
5. use the Site to promote bigotry or discrimination against protected classes;
6. use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
7. use the Site to transmit or post illegal materials, including material that is pornographic or obscene;
8. use the Site in connection with the solicitation of personal information from minors;
9. use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
10. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Your Content), except as expressly authorized by Taunaki;
11. reverse engineer any portion of the Site;
12. remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;
13. collect or record information about Users;
14. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
15. access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
16. reformat or frame any portion of the Site;
17. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Taunaki's technology infrastructure; or
18. attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Licenses.
1. You hereby grant Taunaki and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sub-licensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions").
2. You also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform Your Content for their personal, non-commercial use in connection with their use of the Site and any Downstream Distributions, as expressly permitted by the functionality of the Site and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant Taunaki, its affiliates, and their respective sub-licensees the right to associate and display your account name with Your Content.
3. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content.
1. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Taunaki to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Taunaki.
2. Because you alone are responsible for Your Content (and not Taunaki), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Use of Your Content.
1. Taunaki makes no representations that it will publish or otherwise use Your Content in any way. Taunaki may or may not use Your Content in its sole discretion. You understand that Taunaki does not guarantee any confidentiality with respect to Your Content. Taunaki has no obligation to store or provide you with copies of Your Content.
2. Taunaki reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that Taunaki deems untrustworthy or in violation of the Terms of Service or guidelines.
3. Taunaki and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Copyright Dispute Policy.
Copyright disputes will be settled according to laws in France and by courts in France.
Content Feeds
Taunaki makes some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Taunaki as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Taunaki promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Taunaki's systems. Taunaki reserves all rights in the Feed Content and may terminate the Feeds at any time.
Availability of Service.
Taunaki reserves the right (but is under no obligation) to modify, update, or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
Unauthorized Access.
Taunaki reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Investigations.
Taunaki, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If Taunaki becomes aware of any possible violations by you of the Terms of Service or any law or third party right, Taunaki reserves the right to investigate such violations. If, as a result of such investigation, Taunaki believes that criminal activity has occurred, Taunaki reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Taunaki is entitled to disclose any information or Site Content, including Your Content, in Taunaki's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that Your Content violates the Terms of Service or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of Taunaki, its Users or the public, and law enforcement or other government officials, as Taunaki in its sole discretion believes to be necessary or appropriate.
Feedback.
1. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Taunaki in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
2. Suggestions and Improvements. By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Taunaki through its suggestion, feedback, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) Taunaki is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Taunaki, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) Taunaki may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically becomes Taunaki's property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from Taunaki under any circumstances.
Termination
1. Taunaki reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Site, in whole or in part, at Taunaki's sole discretion, for any or no reason, and without notice or liability of any kind. You agree that Taunaki shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including Your Content.
2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Taunaki with a notice of termination here.
3. The Terms of Service will continue to apply until terminated by either you or Taunaki. Sections 7, 9, 10, 14, 15, 16, 17, 18, 19, 20 and 22 shall survive any termination of this Agreement.
Ownership.
1. Taunaki owns the Taunaki Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Taunaki also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with the Taunaki Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Taunaki Content in whole or in part except as expressly authorized by Taunaki. Except as expressly and unambiguously provided herein, Taunaki does not grant you any express or implied rights, and all rights in and to the Site and the Taunaki Content are retained by Taunaki.
Disclaimers.
1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. TAUNAKI MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. Taunaki FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM TAUNAKI OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
2. TAUNAKI SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. TAUNAKI ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE SERVICES.
3. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. TAUNAKI IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. TAUNAKI RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation on Liability.
WITHOUT LIMITING THE FOREGOING, TAUNAKI WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAUNAKI'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO TAUNAKI IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Taunaki, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Taunaki reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Taunaki. Taunaki will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Parties.
The Site Content may include links to other websites (the "Third Party Sites"). Taunaki does not control or endorse any Third Party Site, and you agree that Taunaki is not responsible for the availability or contents of any Third Party Site.
Miscellaneous.
1. If there is any dispute about or involving the Site or Taunaki, you agree that any such dispute will be governed by the laws of France and EU without regard to its conflict of law provisions. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you.
2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Taunaki in any respect whatsoever.
3. Taunaki may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
4. Except as otherwise stated in Section 21 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
5. The Terms of Service contain the entire agreement between you and Taunaki regarding the use of the Site, and supersede any prior agreement between you and Taunaki on such subject matter.
6. The failure of Taunaki to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
8. The Terms of Service are not assignable, transferable or sub-licensable by you except with Taunaki's prior written consent, but may be assigned or transferred by Taunaki without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Contact and Violations.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the contacts page here.
Marks.
Taunaki and the Taunaki logo including the symbol are trademarks of Taunaki.

This page was last updated on 07 Jul 01:31