Terms of Service
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These Terms of Service govern your use of the Drag Directory platform (the Platform) as a registered performer. By creating an account, claiming a profile, or submitting a performer profile for listing, you agree to be bound by these Terms. These Terms are in addition to our Terms of Use, which continue to apply. If there is any conflict between these Terms and the Terms of Use, these Terms prevail to the extent of the inconsistency.
In these Terms, we, us, and our refer to the operator of the Platform. You and your refer to the registered performer.
1. Eligibility and account registration
1.1
To register as a performer on the Platform you must be at least 16 years of age. If you are under 18, you confirm that you have the consent of a parent or legal guardian to use the Platform and agree to these Terms.
1.2
When creating an account you must provide current, complete, and accurate information. You must keep your account information up to date. We may refuse, suspend, or terminate any account where reasonably necessary for security, legal compliance, suspected misuse, or a breach of these Terms.
1.3
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us promptly if you suspect any unauthorised access.
2. Performer profiles
2.1
The Platform allows you to create and manage one or more performer profiles containing your stage name, performer type, biography, pronouns, location, service areas, images, social links, service tags, and contact details (together, Profile Content).
2.2
All new performer profiles are subject to an approval process. We may approve, reject, or request changes to a profile at our sole discretion. A profile will not be publicly listed until it has been approved. We are not obliged to approve any profile and are not required to give reasons for a rejection.
2.3
You may edit your Profile Content at any time through the Platform. Certain changes, such as changes to your stage name or URL slug, may require re-approval or administrative action. We reserve the right to review and moderate Profile Content at any time.
2.4
We may suspend, unpublish, or remove a performer profile at any time where we reasonably consider that it breaches these Terms, infringes third-party rights, creates legal or reputational risk, or may harm us, other users, or the Platform.
3. Profile claiming
3.1
Where a profile has been created by an administrator on your behalf, you may claim ownership of that profile by entering a valid claim code or by submitting a claim request for administrative review.
3.2
By claiming a profile you accept responsibility for the Profile Content associated with it and confirm that the profile relates to you or to a performer you are authorised to represent.
3.3
Claim requests are subject to verification and approval. We may refuse a claim request where we are not satisfied that the claimant is the performer or an authorised representative.
4. Your Profile Content
4.1
You retain ownership of the Profile Content you submit. By submitting Profile Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, adapt, display, communicate, publish, and otherwise use that content for the purposes of operating, maintaining, improving, and promoting the Platform. This licence continues for so long as the content remains on the Platform and for a reasonable period afterwards to allow for backup, caching, legal compliance, and enforcement.
4.2
You confirm that all Profile Content you submit:
- is accurate to the best of your knowledge and not misleading;
- you own or have all necessary rights and permissions to submit, including for all images and media;
- does not infringe anyone else's privacy, intellectual property, confidentiality, or other rights;
- does not contain material that is defamatory, abusive, threatening, discriminatory, obscene, deceptive, unlawful, or otherwise objectionable;
- does not contain malware or anything intended to damage or interfere with the Platform; and
- complies with these Terms and any guidelines we publish.
4.3
You must not submit images or media depicting any person without their consent. Where your Profile Content includes images of other people, you are responsible for obtaining and retaining evidence of their consent.
5. Contact and messaging
5.1
The Platform may allow members of the public to send you contact enquiries through a contact form. If you enable this feature, enquiries will be forwarded to the contact email address you have verified on your profile.
5.2
You are solely responsible for how you respond to and manage enquiries received through the Platform. We do not monitor, moderate, or guarantee the content of messages sent to you, and we are not a party to any arrangement or booking that results from a contact enquiry.
5.3
You may disable the contact feature at any time by updating your profile settings.
6. Images and media
6.1
You may upload portrait, landscape, square, and gallery images to your performer profile, subject to any file size or format limits we impose. By uploading images you confirm that you have the right to use and distribute those images and that they comply with section 4.2.
6.2
Images you upload are stored on third-party infrastructure and may be served publicly via the Platform. You acknowledge that once an image is published, it may be cached by third parties (such as search engines) and we cannot guarantee its removal from all external caches.
6.3
We may remove or resize images where reasonably necessary for moderation, legal compliance, or technical reasons.
7. Popularity and ranking
7.1
The Platform uses a popularity score to influence the ordering and visibility of performer profiles in search results and listings. The score may be affected by factors such as contact enquiries, profile completeness, and other engagement signals.
7.2
We do not guarantee any particular ranking or level of visibility. We may change the ranking algorithm at any time without notice.
7.3
You must not attempt to artificially inflate your popularity score or manipulate rankings through fraudulent, deceptive, or automated means. We may reset scores or take other action where we reasonably suspect manipulation.
8. Service availability
8.1
We will use reasonable efforts to maintain the availability and performance of the Platform. However, temporary interruptions may occur from time to time due to maintenance, updates, security incidents, or events beyond our reasonable control. Where reasonably practicable, we will give advance notice of planned maintenance that may affect your profile or access.
8.2
We may change, suspend, or discontinue features of the Platform for operational, security, legal, or commercial reasons. Where a change materially affects your use of the Platform, we will use reasonable efforts to notify you in advance.
8.3
We do not guarantee that the Platform will generate enquiries, bookings, revenue, or any other outcome for you. The Platform is a directory listing service and does not act as your agent, manager, or representative.
8.4
We are not responsible for the conduct, reliability, or suitability of any person who contacts you through the Platform.
9. Your obligations
9.1
As a registered performer you must:
- keep your Profile Content accurate and up to date;
- not use the Platform for any unlawful, misleading, abusive, or harmful purpose;
- not create multiple accounts to circumvent profile limits, approval decisions, or these Terms; and
- promptly notify us of any error, security issue, or suspected misuse.
10. Suspension and termination
10.1
We may suspend or terminate your account or any of your performer profiles where we reasonably consider that you have breached these Terms, that your conduct poses a legal, reputational, or security risk, or for any other reason we consider necessary to protect the Platform, other users, or third parties.
10.2
You may close your account and request removal of your performer profiles at any time by contacting us. We will action such requests within a reasonable timeframe, subject to any legal obligations we have to retain certain information.
10.3
On termination or closure of your account, your performer profiles will be unpublished. We may retain a copy of your Profile Content for a reasonable period for backup, legal compliance, dispute resolution, and enforcement purposes.
11. Business use and consumer law
11.1
Our paid services and any deliverables provided under these Terms are intended for use in connection with a business, and are not intended for consumers, as defined in the Consumer Guarantees Act 1993, or for personal, domestic, or household use or consumption. By purchasing any paid service from us, you declare that you are acquiring it for the purposes of a business. You therefore acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to that acquisition, including, for the avoidance of doubt, any guarantee as to acceptable quality, fitness for purpose, or delivery.
11.2
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Fair Trading Act 1986, the Privacy Act 2020, or any other law that cannot lawfully be excluded or limited.
11.3
Subject to sections 11.1 and 11.2, and to the extent permitted by law:
- we are not liable for any indirect, consequential, special, incidental, or exemplary loss, or for any loss of profit, revenue, business, opportunity, goodwill, or data;
- we are not liable for loss arising from your dealings with any third party who contacts you through the Platform;
- we are not liable for any loss of enquiries, bookings, or income caused by downtime, ranking changes, profile moderation, or any other Platform change; and
- our total aggregate liability to you in connection with these Terms or the Platform, whether in contract, tort, or otherwise, is limited to NZD $100.
12. Indemnity
12.1
You agree to indemnify us against reasonable losses, claims, damages, liabilities, and costs (including reasonable legal costs) suffered or incurred by us to the extent they arise from your breach of these Terms, your Profile Content, your dealings with third parties, or your unlawful use of the Platform. This section does not apply to the extent the loss was caused by our own negligence, fraud, or breach of these Terms.
13. Privacy
13.1
Your personal information will be handled in accordance with our Privacy Policy and the Privacy Act 2020. By creating a performer profile, you acknowledge that certain personal information, including your stage name, biography, images, location, pronouns, and social links, will be made publicly available on the Platform.
13.2
Your verified contact email address will not be displayed publicly on the Platform. It is used only to forward contact enquiries to you.
14. Intellectual property
14.1
Except for Profile Content you submit, we own or are licensed to use all intellectual property in the Platform, including its design, code, branding, and any content we create. You must not use our trade marks, logos, or branding without our prior written consent.
14.2
Nothing in these Terms transfers ownership of any intellectual property from one party to the other, except for the licence granted in section 4.1.
15. Unfair contract terms
15.1
We have endeavoured to ensure that these Terms do not contain any terms that would be unfair within the meaning of subpart 2 of part 2 of the Fair Trading Act 1986. If any provision of these Terms is found by a court or tribunal to be an unfair contract term, that provision will be void to the extent of the unfairness, and the remainder of these Terms will continue in full force and effect.
16. Changes to these Terms
16.1
We may update these Terms from time to time. Any change takes effect from the time it is published on the Platform. If we make a material adverse change, we will use reasonable efforts to notify affected registered performers. Changes will not retrospectively affect rights or obligations that accrued before the change took effect. Your continued use of the Platform after a change takes effect means you accept the updated Terms.
17. Disputes
17.1
If you have a dispute with us arising from these Terms or the Platform, you agree to first contact us and attempt to resolve the dispute in good faith before commencing any formal proceedings.
18. Governing law
18.1
These Terms are governed by New Zealand law. You and we submit to the non-exclusive jurisdiction of the New Zealand courts and tribunals in relation to any dispute arising out of or in connection with these Terms or the Platform.
19. Contact us
19.1
If you have any questions about these Terms, please contact us using the contact details or contact options made available on the Platform.