www.thematchmakingflight.com
Website Terms of Use
The following terms govern your use of this website. Please note
that in joining this website as a member you are agreeing to be
bound by Ning, Inc’s Terms of Service and Privacy Policy as well as
Air New Zealand’s Website Terms of Use and Privacy Policy. Your
relationship with Ning, Inc is separate from your relationship with
us. The comments and opinions of the Online Community Manager
belong solely to the Online Community Manager and do not
necessarily represent those of Air New Zealand.
References to "us" "we" and "our" are to Air New Zealand Limited
and references to "you" are to you as the User.
“Site” means thematchmakingflight.com.
“User” means the person using the Site.
Licence to use Material and Waiver of Moral Rights
Any photos, pictures, captions or videos you upload to the Site
(“Your Content”) will be owned by the User. The User grants to us a
perpetual, non-terminable, royalty-free, world-wide licence to use
(including reproduce, publish, distribute and create derivative
works of) the Materials for Air New Zealand’s business purposes,
including any form of marketing, on this Site and any related
online or offline use we choose, and permits third parties to do
this for Air New Zealand (“the Licence”).
You agree to waive all of your moral rights arising from Your
Content (including, for example, the right to be identified as the
author of any written works) throughout the world, to the extent
that you may lawfully do so. You release and discharge us from any
and all claims and demands arising out of or in connection with the
use of Your Content, including without limitation any and all
claims of defamation, invasion of privacy or infringement of moral
rights.
The grant of the Licence and release shall operate indefinitely for
the benefit of Air New Zealand, its related bodies corporate and
their employees, agents, licensees and assigns.
Content
You are responsible for making sure that you have all rights in
Your Content. You warrant that you are authorised to grant the
Licence referred to above. We moderate all photos and videos that
are posted to the Site and reserve the right to prevent any User
from uploading any photo or video, or remove any of Your Content,
if we in our sole discretion decide that it is defamatory, in
breach of a third party’s intellectual property rights, or
otherwise inappropriate for any reason whatsoever.
You may not post any copyrighted material, trademarks, or other
proprietary information belonging to others without obtaining their
written consent. We will terminate the registration of anyone who
repeatedly infringes the copyright rights of others upon receipt of
proper notification to Air New Zealand by the copyright owner or
their authorised representative. If you believe that your work has
been copied and posted on thematchmaking.com website in a way that
constitutes copyright infringement, please notify us, via a comment
to Aroha on thematchmakingflight.com website, including details of
where the material that you claim is infringing is located on
thematchmaking.com website.
Intellectual Property Rights
This Site is owned and operated by Ning, Inc and you use the Site
subject to Ning’s Terms of Service in addition to these Website
Terms of Use. Under Ning’s Terms of Service we control the Site as
a Network Creator and either own or use under licence any software,
trademarks, brand features or other content we add to the Site (Our
Content). Our Content may not be reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, without our prior
written permission.
Restricted Use
You may not use any device, including any software or routine,
which interferes with the normal operation of this Site or take any
action that imposes an unreasonable load on our servers or other
computer equipment, or the computer equipment of our internet
service providers. You may not use any software, programme,
algorithm, methodology or other automatic device, including any
spider, robot, or otherwise, to monitor, copy, collect or harvest
any data, information or content found on this Site, or use any
manual process for the same purpose.
Termination
This agreement is effective until terminated by either party. You
may terminate this agreement at any time by going to your profile
settings on thematchmakingflight.com site and clicking on ‘Leave
The Matchmaking Flight’ and saving this setting. We will terminate
this agreement immediately without notice if in our sole discretion
you fail to comply with any of the Website Terms of Use. On
termination, you must destroy all materials obtained from this Site
and all copies thereof, whether made under the terms of this
agreement or otherwise. We reserve the right to ban any User for
using the Site inappropriately or otherwise in breach of these
Website Terms of Use.
Disclaimer
To the fullest extent permissible and subject and pursuant to
applicable law, we disclaim all warranties, express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. We do not
warrant that the functions contained in the Site will be
uninterrupted or error-free, that defects will be corrected or that
this Site or the server that makes it available is free of any
virus or other harmful elements. We do not warrant or make any
representation regarding the correctness, accuracy, reliability, or
otherwise of the materials in this Site or the results of their
use.
Limitation of Liability
Subject to applicable law, under no circumstances including, but
not limited to, negligence, will we be liable for any special or
consequential damages, or loss or damage of whatever kind, that
result(s) from the use of, or the inability to use, the materials
in this Site, or any information accessed through this Site, even
if we have been advised of the possibility of such damages. In no
event shall our total liability to you for all damages, losses,
costs and expenses under whatever causes of action, whether in
contract, tort or otherwise exceed the amount paid by you, if any,
for accessing this Site.
Governing Law and Invalidity
This agreement shall be governed by and construed in accordance
with the laws of New Zealand, without giving effect to any
principles of conflicts of law. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severed from this agreement and shall not
affect the validity and enforceability of the remaining
provisions.
Amendments
We may amend, add or remove portions of these Terms of Use or any
other terms on this Site at any time without notice to you by
posting a revised version on the Site. Please check these Terms of
Use from time to time for changes. Your continued use of this Site
constitutes your acceptance of such changes.
Copyright © 2008 Air New Zealand Limited.