NZ PLEASURES GENERAL TERMS AND CONDITIONS OF USE, AND PHOTOGRAPHY AND PRIVACY POLICY

1 TERMS AND CONDITIONS

1.1 Acceptance

By registering as a Member of NZ Pleasures or by viewing the NZ Pleasures website as a Visitor, you agree to accept and abide by these terms and conditions.

If you do not accept these terms and conditions you must cease using the service and /or viewing the NZ Pleasures website immediately.

NZ Pleasures operates in a changing technological and commercial environment. Accordingly, NZ Pleasures reserves the right to modify or amend these terms and conditions with or without notice to you. While NZ Pleasures will endeavor to notify you of any changes to these terms and conditions, it is your responsibility to ensure your continued compliance.

1.2 Age restriction

To visit NZ pleasures, become a Member of NZ Pleasures, or be advertised as a Model on NZ Pleasures you must be at least eighteen (18) years of age. By accepting these terms and conditions you confirm that you are at least eighteen (18) years of age and that any Model or Models advertised by you are at least eighteen (18) years of age. NZ Pleasures reserves the right to seek confirmation of age from Visitors, Models or Members at any time.

1.3 Governing law

These terms and conditions will be governed by and construed in accordance with the laws of New Zealand.

2 DEFINITIONS

2.1 “Act” means the Prostitution Reform Act 2003.

“Advertisement” means an advertisement listed on NZ Pleasures where a Member’s services are offered to Visitors.

“Agent” means an individual or organisation acting as a booking agent (or brothel owner) on behalf of a Model with the explicit written authority of that Model to do so.

“Content” means any advertisement, image, photograph, text, graphic, logo, icon, video and sound or recording appearing anywhere on NZ Pleasures.

“Commercial Sexual Services” has the same meaning it has in the Act.

“Member” means anyone who is registered as such with NZ Pleasures to use one or more of the Services provided by NZ Pleasures, including both Agents and Models.

“Model” means a sex worker appearing in an Advertisement offering Commercial Sexual Services to the public via NZ Pleasures.

“NZ Pleasures” means the website owned and operated by Shield Media Limited of the same name “www.nzpleasures.co.nz” and Shield Media Limited and any nominee, associated company including subsidiary, or director or employee of Shield Media.

“Services” means one or more of the services offered by NZ Pleasures.

“Visitor” means anyone who visits NZ Pleasures and is not a Member.

“You” means a Visitor or Member.

3 THE SERVICES

3.1 Scope of the Services

NZ Pleasures operates as an independent third party advertising platform (directory) only and (for the avoidance of doubt) does not itself offer, broker, act as a booking agent for or provide Commercial Sexual Services and is not and will not be party to any transaction involving the provision of any Commercial Sexual Services.

3.2 Accuracy and availability of services

Although every reasonable effort has been made to ensure that NZ Pleasures will remain uninterrupted, timely, safe and secure or free of error, NZ Pleasures does not warrant or guarantee the reliability, uptime, security or safety of NZ Pleasures.

NZ Pleasures reserves the right to modify or discontinue the Services and or NZ Pleasures at will, with or without notice to you, and in doing so you agree that the NZ Pleasures is in no way liable for any loss or inconvenience caused as a result of such modification or discontinuance.

4 LIABILITY, DISCLAIMER AND INDEMNITY

4.1 Our liability and disclaimer

Although every reasonable effort has been made to ensure that all Content was correct at the time of publication, NZ Pleasures gives no undertakings or representations in regard to and does not warrant or guarantee the accuracy, reliability or merchantability of any Content and disclaims its liability in this regard to the maximum extent permitted by law.

All transactions and all other contact between Members and Visitors are conducted entirely at your own risk. You agree that NZ Pleasures accepts no responsibility or liability for any action you may take or the actions of any of its Members.

NZ Pleasures is not, and will not be, liable for any misrepresentation, damage or loss of any kind caused by or as a result of the use of the NZ Pleasures or any of its Content.

NZ Pleasures is not, and will not be, liable for any direct or indirect loss you may suffer, whether financial or otherwise, as a result of interruption to delivery or delays in accessing the site, downtime or technical errors, irrespective of the cause.

NZ Pleasures takes every reasonable precaution to ensure NZ Pleasures is free of viruses or malware. NZ Pleasures is not, and will not be, liable for any direct or indirect loss suffered, whether financial or otherwise, as a result of viruses or malware transmitted via the site.

4.2 Indemnity

You agree to release, indemnify and keep indemnified NZ Pleasures from and against all actions, claims, costs, losses, proceedings against, damages, liabilities or demands suffered or incurred by NZ Pleasures to any person or entity arising out of or in connection with your use of NZ Pleasures.

4.3 Views and expressions

Views expressed on the NZ Pleasures website, including but not limited to views expressed in the Content, do not necessarily represent the views of NZ Pleasures.

4.4 No endorsement

Responsibility for any Advertisement (including any offer, representation or ascertain in that Advertisement) rests solely with the Member who listed it. The placement of Advertisement on NZ Pleasures in no way constitutes an endorsement or recommendation of that Advertisement by NZ Pleasures.

5 GENERAL

5.1 Lawful use

As a condition of use of NZ Pleasures, you warrant that your use of NZ Pleasures is lawful and not prohibited by these terms and conditions and that you will not use NZ Pleasures in a manner, which could damage, disable, overburden, or impair NZ Pleasures or interfere with any another’s use and enjoyment of NZ Pleasures.

5.2 General conduct

Any communication must be made in good faith and must not harass, threaten, embarrass or cause distress or otherwise restrict or inhibit another from using or enjoying NZ Pleasures.

Any communication that is unlawful, false, misleading, harmful, threatening, obscene, inappropriate, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation is strictly prohibited.

5.3 Website conduct

You must not damage, interfere with or harm NZ Pleasures, or any network, or underlying system part thereof, or attempt to do so, including but not limited to:

(a) using a robot, spider, scaper or other automated means of accessing NZ Pleasures; or

(b) attempting to access secure or non-public areas of NZ Pleasures without appropriate authorisation; or

(c) uploading, attempt to upload or cause to be uploaded any viruses or similar programs that may damage NZ Pleasures and its property or other users of NZ Pleasures and their property.

6 VISITORS

6.1 Communication

As a Visitor you are solely responsible for all communications you enter into and any consequences or actions you take as a result of your communications and use of NZ Pleasures.

6.2 Intellectual property

The Content of NZ Pleasures is the property of NZ Pleasures and/or its Members. All intellectual property rights in relation to that property are reserved. You may view, use, download and temporarily store Content for the sole purpose of viewing it on an capable device. Otherwise, you must not copy, display, modify, reproduce, store in a retrieval system (in any form or by any means), distribute, use for creating derivative works or use for commercial or public purposes any Content without NZ Pleasure’s prior written consent.

7 MEMBERSHIP

7.1 Right to membership

NZ Pleasures reserves the right to refuse any application for Membership for any reason and NZ Pleasures shall not be obliged to state the reason for such refusal.

NZ Pleasures reserves the right to cancel any Membership at any time with or without notice to you for your failure to comply with these terms and conditions and NZ Pleasures shall not be obliged to state the reason for such cancellation.

NZ Pleasures may send information to you (by email or other means) related to your membership and the Services provided by NZ Pleasures, including any marketing material, promotional material and special offers. Please refer to our privacy policy.

7.2 Members’ warranties

As a Member, you are responsible for any actions taken through, as a result of or ancillary to your membership, including but not limited to the provision of Commercial Sexual Services, and in doing so warrant that you will comply with all applicable New Zealand Law, including but not limited to the Act.

As a Member and Agent, you warrant that prior to listing an Advertisement you have first obtained the explicit written authority of any Model who will appear in that Advertisement to advertise that Model’s services. NZ Pleasures reserves the right to require you to provide evidence (to its satisfaction) of this authority.

As a Member and Agent, you warrant that you will use your membership and NZ Pleasures for its intended purpose and not as a means of seeking entry into employment or agency relationships with Models you do not currently act as an Agent.

As a Member, you warrant that you will not register as a Member under multiple identities or persons whether false or not and that all Content provided by you to NZ Pleasures is true, correct and accurate and is Content for which you have or hold the explicit right to do so.

As a Member, you grant and warrant that you have the right to grant NZ Pleasures a royalty-free, perpetual, irrevocable, non-exclusive license to exploit, use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display an Advertisement or content alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

As a Member, you warrant and agree that if, in the event that NZ Pleasures, at its absolute discretion, take the view that you have breached these terms and conditions, whether intentional or not, or for any other reason that NZ Pleasures deems reasonably justifies such action, NZ Pleasures may, at its absolute discretion, and without notice to you or need for explanation:

(a) suspend or remove any Advertisement; or

(b) suspend or cancel your membership; or

(c) pursue legal action or remedies against you.

As a Member, you also agree that if NZ Pleasures suspends or removes your Advertisement or suspends or cancels your membership, you will not use, publish or copy any Content except as otherwise agreed by NZ Pleasures in writing.

As a Member, you warrant and agree to the fees that NZ Pleasures charges for its Services and that if NZ Pleasures suspends or removes your Advertisement or suspends or cancels your membership you will not be provided with a refund of those membership fees.

7.3 Accuracy of information supplied in an Advertisement

As a Member, you warrant that all Content and information provided in the course of your membership is complete, correct, accurate and current, including but not limited to Models:

(a) age;

(b) ethnicity;

(c) details of Commercial Sexual Services offered;

(d) photographs (must have been taken within the last 12 months and must accord with our photographic policy), must be of you as a member not of anyone else.

(e) approximate location; and

(f) physical details.

We reserve the right to verify these details at any time and suspend or terminate a membership if such content or information is not in our view complete, correct, accurate and current.

7.4 Security and login information

You are responsible for keeping your login information (email and password) secure. As a Member, you warrant that you will not permit any other person or entity to use your membership or disclose information to another person or entity that would enable them or it to gain access to your membership.

7.5 Transferability

Memberships are not transferable and cannot be sold, leased or traded without the express permission of NZ Pleasures.

7.6 Termination

NZ Pleasures acknowledges that your membership is terminable on your request and that on termination of your membership, NZ Pleasures will remove any Content relating to you as soon as is practicable and that such content cannot be given to a third party by NZ Pleasures without your permission. For the avoidance of doubt, you will not be provided with a refund of any membership fees.

7.7 Photographic policy

NZ Pleasures is not a pornographic website. Accordingly, adult, explicit and pornographic content (including images and videos) must not be uploaded as part of any Advertisement. Adult imagery must be of a nature that is deemed acceptable by the NZ Pleasures directors. NZ Pleasures reserves the right to remove any Content that it deems inappropriate without explanation to you.

NZ Pleasures aims to engage Visitors with premium visual Advertising. Accordingly, photographs must be optimised to at least 800 x 1200 megapixels. High Definition photography is preferred. If you have elected Services where photographs are included, you understand, acknowledge and agree that NZ Pleasures and/or its photographic agent is the owner of the copyright in those photographs and that NZ Pleasures retains all rights to edit and use those photographs for the benefit of NZ Pleasures and/or its photographic agent on a royalty- frees basis without consultation with you.

You understand, acknowledge and agree that your use of the photographs is limited to NZ Pleasures only and that you will not edit, sell, provide to third parties or publish the photographs in any way without first obtaining the permission of NZ Pleasures.

If you wish to edit, sell, provide to third parties or publish the photographs in any way or form you must first seek agreement in writing and purchase the photographs and all associated rights of use from NZ Pleasures.

All photographs will be taken in accordance with your instructions and direction and NZ Pleasures will take all reasonable steps to ensure the privacy of the subject of the photograph.

8 INTELLECTUAL PROPERTY RIGHTS

NZ Pleasures retains all proprietary and intellectual property rights in NZ Pleasures (including all Content) and the software and other material underlying and forming part of NZ Pleasures. You may not without our prior written permission, by any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of NZ Pleasures or commercialise, copy, or on-sell any information, or items appearing in the Content.

9 PRIVACY POLICY

Your privacy on the Internet is important to NZ Pleasures. This privacy policy discloses what information NZ Pleasures gathers, how NZ Pleasures uses it, and how to correct or change it.

The Privacy Act 1993 requires the holder of personal information to ensure that it is protected by such security safeguards as it is reasonable in the circumstances to take against (among other things) loss, access, use, modification, disclosure, or other misuse. The Privacy Act 1993 is also a general requirement not to disclose personal information.

NZ Pleasures gathers information about Members and Visitors of NZ Pleasures. This information includes:

(a) personal information through your membership, Advertisements, the purchase of Services process and other methods such as correspondence with you (including names, email addresses and payment details);

(b) information collected by NZ Pleasures through your use of NZ Pleasures, including the content you upload and the content you access; and

(c) aggregated data.

All information provided to NZ Pleasures is used for the purpose of provision of the Services and other purposes ancillary to provision of the Services and NZ Pleasures will only store that information for as long as is necessary for the fulfillment of those purposes. NZ Pleasures will not sell or rent your personal information to third parties.

NZ Pleasures will protect this information against loss or theft, unauthorised access, disclosure, copying, use or modification through reasonable security safeguards.

Any information contained in an Advertisement is not private and therefore others can access it without your or NZ Pleasures knowledge or prior approval.

NZ Pleasures may send information to you (by email or other means) related to your membership and the Services provided by NZ Pleasures, including any marketing material, promotional material and special offers. NZ Pleasures will immediately remove any person from any mailing list upon the person’s request.

Payment for our Services is completed via DPS though the ANZ Bank, which may ask you to provide further information (including credit or debit card details). This information is retained by DPS and will not be passed on to us.

NZ Pleasures may use information contained in cookies to make marketing decisions. You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline or delete cookies.

NZ Pleasures may collect and use additional information to carry out internal research. This information may include URL information, browser information and your IP address.

You have the right to access and correct information which NZ pleasures holds about you. In accordance with the Privacy Act 1993, you may request correction of that information at any time.

NZ Pleasures may contain links to enable you to visit other websites of interest. However, once you have used these links to leave NZ Pleasures, NZ Pleasures no longer has control and is no longer responsible for the protection and privacy of any information you provide while visiting such sites.

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