Owner: Daniel Snell
Last Updated: 17 February 2025
I, Daniel Snell, run this site and welcome you to use it. The dansnell.co.nz blog and related services are designed to educate, inform, and engage readers, and I encourage you to express yourself freely through comments and interactions. However, please be responsible in what you write and respectful to others. Criticism is welcome, but rudeness, personal attacks, or prohibited content (e.g., spam, viruses, or hate content) are not permitted.
ARBITRATION NOTICE: Disputes between you and me will be resolved through binding, individual arbitration, and you waive your right to participate in class-action lawsuits or class-wide arbitration. Exceptions and opt-out options are detailed below.
Terms of Reference
These Terms of Reference (“Terms”) govern your use of the dansnell.co.nz website (“Website”) and all content, services, and features offered by me, Daniel Snell, including the blog and any related services (collectively, the “Services”). The Services are owned and operated by me, Daniel Snell, an individual based in New Zealand. By accessing or using the Services, you agree to these Terms, my Privacy Policy, and any other applicable rules or policies (collectively, the “Agreement”).
Please read these Terms carefully before using the Services. If you do not agree to these Terms, you may not access or use the Services. The Services are available only to individuals aged 13 or older.
Contents
- Responsibility of Contributors
- Responsibility of Website Visitors
- Content Posted on Other Websites
- Copyright Infringement and Policy
- Corrections, Suggestions, and Complaints
- Intellectual Property
- Changes
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Acceptable Use
- Indemnification
- Dispute Resolution
- Miscellaneous
1. Responsibility of Contributors
If you comment on the blog, post material, or otherwise contribute content (e.g., text, images, links, or other media, collectively “User-Generated Content” or “UGC”) to the Services, you are solely responsible for that content and any resulting harm or liability. By contributing UGC, you represent and warrant that:
- Your UGC does not infringe on any third-party rights, including copyright, trademark, or privacy rights.
- You have all necessary permissions to share the UGC.
- Your UGC complies with any applicable third-party licenses or terms.
- Your UGC is free from viruses, malware, or other harmful content.
- Your UGC is not spam, unethical, or misleading, and does not promote unlawful acts.
- Your UGC is not defamatory, threatening, or incites violence.
- Your UGC is not advertised through unsolicited promotional methods.
- Your UGC does not misrepresent your identity or affiliation.
I reserve the right to remove or disable access to any UGC and to terminate or deny access to the Services for any reason, at my sole discretion.
2. Responsibility of Website Visitors
I do not review all UGC posted on the Services and am not responsible for its content, use, or effects. By operating the Services, I do not endorse or guarantee the accuracy, usefulness, or safety of UGC. You are responsible for protecting yourself and your devices from harmful content. The Services and all content are provided “as is” without warranties, and I disclaim responsibility for any harm resulting from your use of the Services or UGC.
3. Content Posted on Other Websites
I have no control over third-party websites linked from dansnell.co.nz and am not responsible for their content or your use of them. Linking to external sites does not imply endorsement. You are responsible for protecting yourself from harm when accessing third-party sites, and I disclaim liability for any resulting harm.
4. Copyright Infringement and Policy
If you believe content on dansnell.co.nz infringes your copyright, please notify me at:
Daniel Snell
danielsnellnz@gmail.com
Include details of the alleged infringement, and I will respond in accordance with applicable laws, such as New Zealand’s Copyright Act 1994. I may terminate access to the Services for repeat infringers at my discretion.
5. Corrections, Suggestions, and Complaints
I welcome feedback, including suggestions and complaints about errors on the Services. Please submit your feedback via:
danielsnellnz@gmail.com
6. Intellectual Property
These Terms do not transfer any intellectual property rights from me to you. All content, trademarks, and logos on dansnell.co.nz are my property or that of my licensors. Your use of the Services does not grant you any right to reproduce or use my intellectual property without permission. By posting UGC, you grant me a perpetual, non-exclusive, worldwide license to use, reproduce, and distribute your UGC for purposes related to the Services, including promotion.
7. Changes
I may modify these Terms at my discretion. It is your responsibility to review these Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms. New features or services will also be subject to these Terms.
8. Termination
I may terminate your access to the Services at any time, with or without cause or notice. Provisions of these Terms that should naturally survive termination (e.g., ownership, disclaimers, and liability limitations) will remain in effect.
9. Disclaimer of Warranties
The Services are provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. I do not guarantee that the Services will be error-free or uninterrupted. You use the Services at your own risk.
10. Limitation of Liability
To the fullest extent permitted by New Zealand law, I am not liable for any indirect, incidental, or consequential damages arising from your use of the Services. My liability is limited to the amount you paid me (if any) for the Services in the 12 months prior to any claim. I am not liable for failures or delays beyond my reasonable control.
11. Acceptable Use
You agree to use the Services in accordance with these Terms and all applicable laws, including New Zealand laws regarding online conduct and content. Your use must not infringe on the rights of any third party.
12. Indemnification
You agree to indemnify and hold me harmless from any claims, damages, or liabilities arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
13. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.
Mandatory Arbitration: Any dispute arising from these Terms or your use of the Services will be resolved through binding, individual arbitration, not in court or through a jury trial. This provision survives termination of these Terms.
Exceptions: You may pursue claims in small claims court if eligible, and either party may seek injunctive relief to protect intellectual property rights.
Arbitration Process: Arbitration will be conducted under the New Zealand Arbitration Act 1996 or another mutually agreed-upon process. Hearings will occur in Wellington, New Zealand, with provisions for remote participation where possible.
Costs: Arbitration fees will be shared as determined by the arbitrator, with the prevailing party entitled to reasonable legal costs.
Opt-Out: You may opt out of arbitration within 30 days of agreeing to these Terms by sending written notice to:
Daniel Snell
danielsnellnz@gmail.com
Include your name, email, and a clear statement of intent to opt out.
Class Action Waiver: Disputes must be brought individually, not as part of a class or representative action. If this waiver is unenforceable, the entire Dispute Resolution section will be void.
14. Miscellaneous
These Terms constitute the entire agreement between you and me regarding the Services. If any provision is invalid, the remaining provisions remain in effect. I may assign my rights under these Terms without restriction; you may assign your rights only with my consent. These Terms bind and benefit both parties and their successors.
Contact
For questions or concerns about these Terms or the Services, please contact:
Daniel Snell
danielsnellnz@gmail.com