Terms of Use
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By accessing or using the Drag Directory website and any related digital services we make available (together, the Platform), you agree to be bound by these Terms of Use. If you do not agree, you must not use the Platform.
1. Your licence to use the Platform
1.1
We own, control, or are licensed to use the Platform and the content made available through it, and we retain all intellectual property rights in that material unless stated otherwise. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for lawful personal or internal business purposes.
Under that licence, you may:
- browse the Platform and search listings;
- download or print limited extracts from the Platform for your own lawful use; and
- use search results to identify, contact, and book performers or related services.
You must not, and must not permit anyone else to:
- use the Platform or its content for any unlawful purpose, or in a way that is misleading, abusive, harmful, or disruptive;
- copy, reproduce, scrape, crawl, data-mine, frame, mirror, republish, sell, license, or compile any substantial part of the Platform or its content into a database, except as expressly permitted by these Terms, any applicable third-party licence, or any fair dealing permitted under the Copyright Act 1994;
- use any automated means to access the Platform other than public search engines acting in accordance with section 2;
- remove or alter any copyright, trade mark, attribution, or other proprietary notices;
- attempt to reverse engineer, probe, scan, test, bypass, or interfere with the Platform, its security, underlying code, non-public endpoints, data structures, or normal operation; or
- access or use the Platform for any competitive or database-building purpose without our prior written consent.
1.2
We may suspend, restrict, or terminate access to all or part of the Platform where reasonably necessary for maintenance, security, legal compliance, suspected misuse, or a breach of these Terms. Where reasonably practicable, we will give notice first.
1.3
You may link to public pages on the Platform provided your linking is fair, lawful, and does not suggest any endorsement, sponsorship, or affiliation that does not exist. You must not frame the Platform or display the Platform inside another service or website without our prior written consent. We may require you to remove a link if it is misleading, unlawful, or harmful to us or other users.
1.4
Some content or data made available through the Platform may be supplied by third parties and may be subject to separate licence terms or attribution requirements. Where we identify those terms, you must comply with them. This includes open data made available under a third-party licence.
2. Automated searching by public search engines only
2.1
Automated searches of the Platform may only be carried out by public search engines for the purpose of indexing publicly available pages, and only in accordance with our robots.txt file and any other technical controls we use. All other automated access, scraping, harvesting, or extraction of content or data is prohibited unless we have given prior written permission. We may revoke or limit permission for automated access at any time.
3. Information provided by us
3.1
Information we publish on the Platform is provided for general information only. While we prepare our own content in good faith, we do not promise that it is complete, accurate, or up to date for your particular circumstances, and it is not legal, financial, or other professional advice. You should make your own enquiries before relying on it.
4. Information provided by performers and other users
4.1
The Platform allows performers, representatives, venues, promoters, and other users to publish or submit profiles, biographies, images, service details, social links, availability information, contact details, and other material. Some listings or content may also link to third-party websites or services.
4.2
We do not routinely verify all third-party content and do not guarantee that any listing, profile, linked website, or other third-party material is accurate, complete, lawful, or current.
4.3
You should use your own judgement and carry out your own checks before relying on third-party content or entering into any arrangement with a third party. Some material may be unsuitable for children or offensive to some users.
5. Your dealings with performers and other third parties
5.1
Unless we expressly say otherwise, we are not a party to and are not responsible for any booking, transaction, correspondence, dispute, or other dealing between you and a performer or other third party listed or referred to on the Platform. We do not act as agent for users and do not guarantee the quality, safety, legality, availability, or suitability of any third-party goods or services. You are responsible for your own dealings and due diligence. Nothing in these Terms limits any rights you may have directly against a supplier under New Zealand law.
6. User content
6.1
If you submit content to the Platform, including profile details, biographies, images, messages, links, or other material, you confirm that:
- you own that content or have all necessary rights and permissions to submit it and allow us to use it as described in these Terms;
- it is accurate to the best of your knowledge and not misleading;
- it does not infringe anyone else's privacy, intellectual property, confidentiality, or other rights;
- it is not defamatory, abusive, threatening, discriminatory, obscene, deceptive, unlawful, or otherwise objectionable;
- it does not contain malware, malicious code, or anything intended to damage or interfere with the Platform; and
- it otherwise complies with these Terms and any guidelines we publish.
6.2
You retain ownership of your user content. However, by submitting 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 to operate, secure, moderate, improve, and make the Platform available, including displaying the content to users through the Platform. This licence continues for so long as the content is on the Platform and for a reasonable period afterwards to allow backup, legal compliance, and enforcement. Where permitted by law, you also consent to us making reasonable technical, formatting, and editorial changes to your content for those purposes, provided we do not materially misrepresent it.
6.3
We may use and disclose personal information connected with user content where reasonably necessary to investigate complaints, enforce these Terms, protect rights, property, or safety, comply with legal obligations, or as otherwise permitted or required by law and our Privacy Policy.
6.4
We may, but are not obliged to, monitor, review, refuse, edit, suspend, or remove user content where we reasonably consider that it breaches these Terms, infringes rights, creates legal or security risk, or may harm us, other users, or third parties.
7. Accounts
7.1
Certain parts of the Platform may require you to create an account with us or sign in using a compatible third-party account. You must provide current, complete, and accurate information when creating an account and keep that information up to date. We may reject an application for registration, or suspend or terminate an account, where reasonably necessary for security, legal compliance, suspected misuse, or a breach of these Terms.
7.2
Your account is for your own use unless we agree otherwise. You must keep your login credentials secure and promptly notify us if you suspect unauthorised access or misuse. You are responsible for activity carried out through your account to the extent it results from your failure to keep your credentials secure or notify us promptly.
7.3
If you sign in through a third-party account, your use of that third-party account will also be governed by the relevant third party's terms and privacy practices.
8. Availability
8.1
The Platform is provided on an "as is" and "as available" basis. We do not guarantee continuous, secure, or error-free access to the Platform or that any part of it will always be available. We may change, suspend, or discontinue all or part of the Platform at any time for operational, security, legal, or commercial reasons. While we take reasonable steps to protect the Platform, we do not warrant that it will always be free from bugs, viruses, or other harmful components, and you should use your own security safeguards.
9. Consumer law and limits on liability
9.1
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded or limited.
9.2
Subject to section 9.1, 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 third-party listings, profiles, content, linked websites, goods, services, bookings, or other dealings between you and a third party; and
- we are not liable for loss to the extent it is caused by events beyond our reasonable control, your breach of these Terms, or your misuse of the Platform.
10. Indemnity
10.1
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 unlawful use of the Platform, or any content you submit that infringes a third party's rights or breaks the law. This section does not apply to the extent the loss was caused by our own negligence, fraud, or breach of these Terms.
11. Privacy Policy
11.1
You acknowledge that your personal information will be handled in accordance with our Privacy Policy and applicable privacy law, including the Privacy Act 2020. If there is any inconsistency between these Terms and the Privacy Policy in relation to personal information, the Privacy Policy prevails to the extent of that inconsistency.
12. Changes
12.1
We may update these Terms from time to time. Any change takes effect from the time it is published on the Platform and applies to future access and use. If we make a material adverse change and it is reasonably practicable to notify affected registered users, we will try to do so. 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.
13. Assignment
13.1
We may assign or transfer our rights and obligations under these Terms as part of a restructure, sale, or transfer of the Platform, provided doing so does not materially reduce your rights under these Terms or applicable law. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
14. New Zealand law applies
14.1
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 the Platform or these Terms.
15. Contact us
15.1
If you have any questions about these Terms, or want to report content that may breach them, please contact us using the contact details or contact options made available on the Platform.