Terms of Service.

Policy Last Modified: Monday, 25 December 2006

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE.

All services provided by Primal Media Limited and NZAviation.com ("NZA")are provided to you ("User") under the Terms and Conditions set forth in this Acceptable Use Policy ("AUP") and any other operating rules and policies set forth by NZA. The AUP comprises the entire agreement between User and NZA and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING JUST AS YOU HAD SIGNED IT YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AUP.

DESCRIPTION OF SERVICE.

NZA provides Users with various community services including personals and photo galleries. Users must (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for User's own access to the Internet and pay any fees related with such connection. User agrees to provide and maintain certain current, complete, and accurate information about User as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, User grants NZA the right to disclose certain Registration Data about User and Service information where required to do so by any applicable law or legal process. If any information provided by User is inaccurate, NZA reserves the right to terminate User's Usership and rights to use the Service, with or without notification.

MODIFICATIONS TO ACCEPTABLE USE POLICY.

NZA reserves the right to change the terms and conditions of this AUP as necessary. NZA expects User's to actively ensure that they agree to the current AUP, and a modification date will be posted on any and all copies. User's continued use of the Service constitutes an acknowledgement of the AUP and its modifications by the User and an agreement by the User to abide and be bound by the AUP and its modifications.

MODIFICATIONS TO SERVICE.

NZA reserves the right to modify or discontinue the Service with or without notice to the User. NZA shall not be liable to User or any third party should NZA exercise its right to modify or discontinue the Service.

PRIVACY POLICY.

NZA will not give out any information that is stored in the sites member information databases. The e-mail is only collected so that NZA can contact a User when required. For all other information (Profile Information), it is up to the User if you wish to display your profile and picture. NZA is not responsible for any information Users may enter into their personal profile. On the unlikely event that the user commits an unlawful act they will have registered information submitted forwarded to local law enforcement agencies.

More information on your privacy can be viewed here.

PURCHASE AND REFUND POLICY.

If you are a subscriber of our service and you decide to delete or remove your account using the function in the User areas, you will forfeit any and all remaining money on your account. Refund will only be granted if you have paid and the service was not enabled on your account. You agree that the Credit Card that you use to purchase a subscription is your own card and no one else has access to it. In the event of a charge back payment the User will instantly have their NZA account deleted and will be unable to re-join the community. Relevant law enforcement officers will be contacted with available information needed for prosacution.

USER ACCOUNT, PASSWORD, AND SECURITY.

Once you become a User of the NZA, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site; you may also set up a new account and close an old one at your convenience. User agrees to immediately notify NZA of any unauthorized use of User's account or any other breach of security known to User.

DISCLAIMER OF WARRANTIES.

THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USERS'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NZA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES NZA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USERS'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NZA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM NZA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

NZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF NZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO RESALE OR REDISTRIBUTION OF THE SERVICE.

User's right to use the Service is personal to User. User agrees not to resell the Service without the express consent of NZA. No other person my use an account apart from the person who filled in the registration. We have bots that track the use of all Users, and we have the right to delete your account with out notification if we find your account being accessed from multiple points at one time. This includes the shearing of files downloaded with in the download section of the site. Files are subjected to a one computer licence. This means you can only download the files to one computer and not hold more than one copy of the material. You also agree you will not redistribute material downloaded from NZA for personal gain or other. The User's account is subject to termination with investigation at any time if redistribution is suspected or reported.

HYPERLINKS CONTENT AND OTHER LIMITATIONS.

NZA assumes no responsibility for the content of any material located on the hosts linked to by this Service. NZA has no control over these websites or other material hosted on external hosts; however, NZA retains the right, on NZA' sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the AUP and may terminate Service if a User's conduct is found to be inconsistent with the AUP.

USER CONDUCT.

User is solely responsible for the contents of his/her usage of Service. User's use of the Service is subject to all applicable local, state, national, and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. User will not use the Service for illegal communication, junk pornography, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. User agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. A clean up fee of NZ$500.00/hour may be assessed for violation of these terms. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. NZA may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the AUP.

INDEMNIFICATION.

User agrees to indemnify and hold NZA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this AUP by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

TERMINATION.

Either User or NZA may terminate the Service with or without cause at any time and effective immediately. NZA shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the NZA AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Usership; and (3) notify NZA of termination. Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and NZA will have no obligation thereafter to handle accounts for the User or any third party related to that User.

NOTICE.

All notices to a party shall be in e-mail or postal mail. NZA mayor may not broadcast notices or messages through the Service to inform User of changes to the AUP, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS.

User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. NZA assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

PROPRIETARY RIGHTS TO CONTENT.

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to User by the Service ("Content") by NZA or NZA' Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

GOVERNING JURISDICTION OF THE COURTS OF MANUKAU CITY.

Insofar as this contract defines Manukau City's jurisdiction, both parties to the contract refer to the courts of Manukau City having the ultimate jurisdiction over the matters in question; this contract is formed under the laws of Manukau City and therefore such laws shall be inevitable jurisdiction of the contract. This contract shall be governed by the laws of Manukau City insofar as possible, particularly to the exclusion of other legal system within the New Zealand.