Web Site Terms and Conditions of Use

1. Terms

[Summary: Flying Whities Ltd (Tim Gibson) is the owner of the website mothcity.com – and you’re our guest. If you don’t agree with all of the following terms, you should (read:must) leave.] Welcome to our website. If you continue to browse, use and access this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern FLYING WHITIES LTD’s relationship with you in relation to this website, MothCity.com. The term ‘Flying Whities Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is C2/23 Rangitane St, Maupuia, Wellington New Zealand. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Site Content

[Summary: You can share my stuff with your friends, but don’t sell it to them, or to anyone else. That’s what a dick would do. Don’t be a dick.] The materials contained in this web site are protected by New Zealand and international copyright and trade mark law. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, characters, story, illustrations and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Digital re-distribution of content (This material includes, but is not limited to, the design, layout, look, appearance, characters, story, illustrations and graphics) found on this website for commercial purposes, or for commercial gain, is prohibited. However, sharing of aforementioned content via social media or for non-profit purposes is permitted. Attribution to the contents original creator and source is appreciated, though not essential.

3. Membership Behaviour

[Summary: Do no evil and be nice when you’re visiting.] A) Your MothCity.com Account. If you register with MothCity.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the username. B) Responsibility of Contributors. If you post a comment, you are entirely responsible for the content of, and any harm resulting from, that content. You agree that said content does not infringe on any IP rights, contain any harmful or destructive content, is not spam, and does not contain threats or incite violence. By submitting Content to MothCity.com, you grant Flying Whities Ltd, and MothCity.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Content of MothCity.com. If you delete Content, Webcomics.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MothCity.com has the right (though not the obligation) to, in MothCity.com‘s sole discretion (i) refuse or remove any content that, in MothCity.com’s reasonable opinion, violates any MothCity.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MothCity.com’s sole discretion. C) Responsibility of Website Visitors. MothCity.com has not reviewed, and cannot review, all of the material, including user generate material or comments, or software, posted to the Website or Websites MothCity.com by other users/members and cannot therefore be responsible for that material’s content, use or effects. MothCity.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

4. Membership Termination

[Summary: If you’re rude to other members, or generally a nasty-piece-of-work, we reserve the right to cancel your membership.] MothCity.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. If you wish to terminate this Agreement or your MothCity.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 5. Disclaimer [Summary: I might say something stupid or incorrect on here. That’s not my fault. I might also change something, like take a comic down, kill your favourite character, or move the side bar. And you’re cool with that. Also if you use/read/download stuff here, it’s at your own risk.] A) The materials on Flying Whities Ltd’s web site, MothCity.com, are provided “as is”. Flying Whities Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Flying Whities Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. B) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. C) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6. Limitations

[Summary: If our site goes funny and for some reason this causes you loss of data or money we probably aren’t liable.] In no event shall Flying Whities Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Flying Whities Ltd’s Internet site, even if Flying Whities Ltd or a Flying Whities Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and Errata

[Summary: this one is actually pretty easy, read on.] The materials appearing on Flying Whities Ltd’s web site could include technical, typographical, or photographic errors. Flying Whities Ltd does not warrant that any of the materials on its web site are accurate, complete, or current. Flying Whities Ltd may make changes to the materials contained on its web site at any time without notice. Flying Whities Ltd does not, however, make any commitment to update the materials.

8. Links

[Summary: The internet is a big bad place, it’s not our fault if you don’t like a site that is linked to from this website, by use or other members of mothcity.com] Flying Whities Ltd has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Flying Whities Ltd of the site. Use of any such linked web site is at the user’s own risk.

9. Site Terms of Use Modifications

[Summary: I might be told to take these summaries out by a lawyer, or change things in these terms of use. If you use the site after that change you’re using whatever version of the terms of use are current.] Flying Whities Ltd may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

Any claim relating to Flying Whities Ltd’s web site shall be governed by the laws of the country of New Zealand without regard to its conflict of law provisions.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

MothCity.com uses Google Analytics to track site usage and traffic, including the usage of their features Display Advertising, which tracks some demographic information. Visitors can opt-out of Google Analytics for Display Advertising and customise Display Network ads using Google’s Ads Settings. Visitors may also wish to consider opting out of Google Analytics on all sites by installing the Google Analytics opt-out browser add-on.

The usage of Analytics Interest based data gathered by Google Analytics is used by MothCity.com’s owners to judge uptake and discern their audience. Personal information will not be passed onto third party vendors, or interests. Again, we encourage you to refer to the links above if you wish to opt out of any of Google’s Analytic’s features, that are there predominately to benefit MothCity.com and it’s owners.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.