Erotic Escorts NZ Directory General Terms and Conditions of Use
1 Terms and Conditions
By registering as a Member of Erotic Escorts NZ or by viewing the Erotic Escorts NZ 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 Erotic Escorts NZ website immediately.
Erotic Escorts NZ operates in a changing technological and commercial environment. Accordingly, Erotic Escorts NZ reserves the right to modify or amend these terms and conditions with or without notice to you. While Erotic Escorts NZ will endeavour 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 Erotic Escorts NZ, become a Member of Erotic Escorts NZ, or be advertised as a Model on Erotic Escorts NZ 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. Erotic Escorts NZ 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.
PLEASE NOTE: To work in the New Zealand sex industry you need to be either an Australian or New Zealand citizen, or in New Zealand on a Permanent Residency Visa that holds no exceptions. This relates to the Prostitution Reform Act 2003 Section 19. Identification and proof of the above can be asked for at any time by Erotic Escorts NZ, this includes but is not limited to any currently advertising models or models seeking to join and advertise on Erotic Escorts NZ website.
2.1 “Act” means the Prostitution Reform Act 2003.
“Advertisement” means an advertisement listed on Erotic Escorts NZ 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 Erotic Escorts NZ.
“Commercial Sexual Services” has the same meaning it has in the Act.
“Member” means anyone who is registered as such with Erotic Escorts NZ to use one or more of the Services provided by Erotic Escorts NZ, including both Agents and Models.
“Model” means a sex worker appearing in an Advertisement offering Commercial Sexual Services to the public via Erotic Escorts NZ.
“Erotic Escorts NZ” means the website owned and operated by Shield Media Limited of the same name “EroticEscortsNZ.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 Erotic Escorts NZ.
“Visitor” means anyone who visits Erotic Escorts NZ and is not a Member.
“You” means a Visitor or Member.
3 The Services
3.1 Scope of the Services
Erotic Escorts NZ 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 Erotic Escorts NZ will remain uninterrupted, timely, safe, and secure or free of error, Erotic Escorts NZ does not warrant or guarantee the reliability, uptime, security or safety of Erotic Escorts NZ.
Erotic Escorts NZ reserves the right to modify or discontinue the Services and or Erotic Escorts NZ at will, with or without notice to you, and in doing so you agree that the Erotic Escorts NZ is in no way liable for any loss or inconvenience caused because 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, Erotic Escorts NZ 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 Erotic Escorts NZ accepts no responsibility or liability for any action you may take or the actions of any of its Members.
Erotic Escorts NZ 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 Erotic Escorts NZ or any of its Content.
Erotic Escorts NZ 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.
Erotic Escorts NZ takes every reasonable precaution to ensure Erotic Escorts NZ is free of viruses or malware. Erotic Escorts NZ 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.
You agree to release, indemnify, and keep indemnified Erotic Escorts NZ from and against all actions, claims, costs, losses, proceedings against, damages, liabilities or demands suffered or incurred by Erotic Escorts NZ to any person or entity arising out of or in connection with your use of Erotic Escorts NZ.
4.3 Views and expressions
Views expressed on the Erotic Escorts NZ website, including but not limited to views expressed in the Content, do not necessarily represent the views of Erotic Escorts NZ.
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 Erotic Escorts NZ in no way constitutes an endorsement or recommendation of that Advertisement by Erotic Escorts NZ.
5.1 Lawful use
As a condition of use of Erotic Escorts NZ, you warrant that your use of Erotic Escorts NZ is lawful and not prohibited by these terms and conditions and that you will not use Erotic Escorts NZ in a manner, which could damage, disable, overburden, or impair Erotic Escorts NZ or interfere with another’s use and enjoyment of Erotic Escorts NZ.
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 Erotic Escorts NZ.
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 Erotic Escorts NZ, or any network, or underlying system part thereof, or attempt to do so, including but not limited to:
(a) using a robot, spider, scraper, or other automated means of accessing Erotic Escorts NZ; or
(b) attempting to access secure or non-public areas of Erotic Escorts NZ without appropriate authorisation; or
(c) uploading, attempt to upload or cause to be uploaded any viruses or similar programs that may damage Erotic Escorts NZ and its property or other users of Erotic Escorts NZ and their property.
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 Erotic Escorts NZ.
6.2 Email and Text Message Communication
As a user of Erotic Escorts NZ when you supply your email address and or phone number you give us the express permission to contact you via Email and/or Text message when duly applicable. Including but not limited to promotional updates, noticeboard emails, newsletters.
All communication will have an unsubscribe link or reply word that will remove you from the contact list for all further communication.
6.3 Intellectual property
The Content of Erotic Escorts NZ is the property of Erotic Escorts NZ 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 a 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 Erotic Escorts NZ’s prior written consent.
7.1 Right to membership
Erotic Escorts NZ reserves the right to refuse any application for Membership for any reason and Erotic Escorts NZ shall not be obliged to state the reason for such refusal.
Erotic Escorts NZ 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 Erotic Escorts NZ shall not be obliged to state the reason for such cancellation.
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 authorization of any Model who will appear in that Advertisement to advertise that Model’s services. Erotic Escorts NZ 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 Erotic Escorts NZ 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 Erotic Escorts NZ 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 Erotic Escorts NZ 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 Erotic Escorts NZ, 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 Erotic Escorts NZ deems reasonably justifies such action, Erotic Escorts NZ 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 Erotic Escorts NZ 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 Erotic Escorts NZ in writing.
As a Member, you warrant and agree to the fees that Erotic Escorts NZ charges for its Services and that if Erotic Escorts NZ 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:
(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 or anything 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.
Memberships are not transferable and cannot be sold, leased, or traded without the express permission of Erotic Escorts NZ.
Erotic Escorts NZ acknowledges that your membership is terminable on your request and that on termination of your membership, Erotic Escorts NZ will remove any Content relating to you as soon as is practicable and that such content cannot be given to a third party by Erotic Escorts NZ without your permission. For the avoidance of doubt, you will not be provided with a refund of any membership fees.
7.7 Photographic policy
Erotic Escorts NZ is not a pornographic website. Accordingly, 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 Erotic Escorts NZ directors. Erotic Escorts NZ reserves the right to remove any Content that it deems inappropriate without explanation to you. An example for clarity, but not limited to, would be full lower genital shots or explicit images with a focus on the lower genitals.
Erotic Escorts NZ 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.
8 Intellectual Property Rights
Erotic Escorts NZ retains all proprietary and intellectual property rights in Erotic Escorts NZ (including all Content) and the software and other material underlying and forming part of Erotic Escorts NZ. 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 Erotic Escorts NZ or commercialise, copy, or on-sell any information, or items appearing in the Content.