Terms and Conditions

This page contains information on the Terms of Service and Privacy Policy for the UNICEF New Zealand "Say No To Naff" Facebook Application.

If you would like to Say No To Naff and buy a UNICEF Inspired Gift then please visit our charity gifts page.

Last updated 15/12/2011.

Terms of Service

Welcome to the UNICEF New Zealand Say No To Naff App, a social application that allows you upload photos of yourself and add “Naff” looking accessories and costumes.  By accessing or using our application at facebook.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Facebook or UNICEF New Zealand.
 
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
 
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

User Conduct
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:
  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Intimidate or harass another;
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Say No To Naff Code of Conduct that provides further information regarding the authorized conduct of users on the Say No To Naff and UNICEF New Zealand Facebook pages.
 
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content at its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Say No To Naff (UNICEF New Zealand) Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
 
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. UNICEF New Zealand does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
 
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the UNICEF New Zealand website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. 
 
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
 
Disclaimers
In no event will Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the Site, even if the Company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the service during the term of membership, but in no case will the company's liability to you exceed $1000. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Company, regardless of the cause of action.
 
Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
 
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are below the minimum age required to sign up for Facebook (currently to sign up for a Facebook account you must be 13 years of age or older). 
 
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
 
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
 
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.
 
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
 

Privacy Policy

UNICEF New Zealand ("UNICEF") takes your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it.
 
1. What information does UNICEF collect?
UNICEF collects only the information required to provide you with access to services and news updates offered by UNICEF. Users of UNICEF’s social media applications need only allow the UNICEF application to access name and contact email address.
 
2. What is UNICEF’s practice regarding cookies?
Cookies store small amounts of data on your computer about your visit to UNICEF. You do not need to have cookies turned on to visit UNICEF. Cookies alone do not give us any personally identifiable information about you. By adjusting your browser settings, you may elect not to allow cookies to be collected.
 
We also automatically receive and record information from our servers and from your browser, including your IP address, the time of your visit to pages on UNICEF, and information about the pages you visited. This information we gather through the use of tracking technologies cannot be matched with any personally identifiable information about you.
 
We use cookies and tracking technologies in a variety of ways, including:
  • Keeping count of return visits to our site;
  • Accumulating and reporting anonymous statistical information on web site and advertisement usage;
  • Keeping track of registered users' preferred settings.
  • To allow UNICEF to display advertisements that may interest you on third party websites. These tracking technologies tell those advertisers nothing about who you are. 
3. How does UNICEF use the information?
We use the information we gather for two general purposes:
  • To determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to improve UNICEF’s services;
  • To send you information regarding changes to UNICEF’s services.
4. Does UNICEF share the information?
UNICEF will not share your personally identifiable information with other companies or people.

UNICEF may share personally identifiable information if and when we are required to do so by law, such as in the case of responding to subpoenas, court orders, or legal process.
 
5. How is my information secured?
UNICEF has security measures in place, such as routine backups and administrator-only server access, in order to prevent the loss, misuse or alteration of personal information under our control.