sharemyNZ TERMS OF USE

Effective December 18th 2006

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of sharemyNZ. By using sharemyNZ, you agree to be bound by this Agreement, whether you are a "visitor" (which means that you simply browse the sharemyNZ website) or you are a "member" (which means that you have registered with sharemyNZ). The term "user" refers to a visitor or a member. You are only authorized to use sharemyNZ (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the sharemyNZ website and discontinue use of sharemyNZ immediately. If you wish to become a member, communicate with other members and make use of the sharemyNZ services, you must read this Agreement and indicate your acceptance during the registration process.

sharemyNZ may modify this Agreement from time to time and modifications made shall be effective upon posting by sharemyNZ on the sharemyNZ website. You agree to be bound to any changes to this Agreement when you use the sharemyNZ website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on sharemyNZ and that you provide to other users. Your sharemyNZ profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. You must not post false, offensive, derogatory or malicious information about another user, business or third party through blogs, pluggs, forums and comments. Despite this prohibition, information provided by other sharemyNZ members (for instance, in their profile or through a plugg) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and sharemyNZ assumes no responsibility or liability for this material. If you become aware of misuse of sharemyNZ by any person or business, please contact sharemyNZ (admin@sharemynz.co.nz) or click on the Hide It icon related to that material. Please note that by selecting to hide an item you are not removing it from the site, but reducing the chance of someone else seeing it.

sharemyNZ reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the sharemyNZ website at any time, for any or no reason, with or without prior notice, and without liability.

1. Usage. By using the sharemyNZ website, you acknowledge that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of sharemyNZ does not violate any applicable law or regulation; abd (d) you agree to receive email updates from sharemyNZ until you unsubscribe from such emails.

2. Term. This Agreement shall remain in full force and effect while you use the sharemyNZ website or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the sharemyNZ About blog. sharemyNZ may terminate your membership at any time, without warning.

3. Fees. Usage of the sharemyNZ website is free to all users. You acknowledge that sharemyNZ reserves the right to charge for full profile business listings and to change the fee from time to time at its discretion. If sharemyNZ terminates your membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify sharemyNZ immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Plugging. Plugging is the method by which members of sharemyNZ edit, moderate and control all of the content on the sharemyNZ website. By selecting to plugg a piece of content on the sharemyNZ website you are effectively increasing the likelihood of other users and members seeing that piece of content. By selecting to Hide It – you are effectively reducing the likelihood of other users and members seeing that piece of content. If an item is selected to be hidden, the author is notified of this and asked to responsibly assess the content and take the appropriate action. As a member of the sharemyNZ website you agree that if no appropriate action is taken and the content is hidden too often the content will be automatically removed. You acknowledge that you are not permitted to accept payment by a third party to plugg or hide any material on the sharemyNZ website. You agree that you will not generate a script or other means to artificially influence the pluggs for any piece of content on the sharemyNZ website. You accept that any content you post on the sharemyNZ is permitted to be plugged by members. When plugging a business you must not post false or malicious comments about that business. You agree that you will not maliciously plugg or hide a piece of content for any reason whatsoever.

6. Commercial Use of sharemyNZ by Members. The sharemyNZ website is for the personal use of members and the commercial use of New Zealand businesses. Commercial use refers to the advertising of a registered sharemyNZ business within their relevant business profile page ONLY. Advertising within this profile page refers to the business contact details, images, videos, description of services and responses to feedback. As a registered business on sharemyNZ you agree that you will not attempt to sell your products to sharemyNZ members through unsolicited means. No other commercial use of sharemyNZ is permitted including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the sharemyNZ website is prohibited. Commercial advertisements, and other forms of solicitation may be removed from non-business member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the sharemyNZ website.

7. Ownership Rights of Content on sharemyNZ

1. sharemyNZ does not claim any ownership rights to the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to the sharemyNZ website. After posting your content to the sharemyNZ website, you continue to retain all ownership rights to your content, and you continue to have the right to use your content in any way you choose. By displaying or publishing ("posting") any content on the sharemyNZ website, you hereby grant to sharemyNZ a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute your content solely on and through the sharemyNZ website. Without this license, sharemyNZ would be unable to provide the sharemyNZ website. For example, without the right to modify member content, sharemyNZ would not be able to digitally compress photo files that members submit or otherwise format content to satisfy technical requirements. The license you grant to sharemyNZ is non-exclusive (meaning you are free to license your content to anyone else in addition to sharemyNZ), fully-paid and royalty-free (meaning that sharemyNZ is not required to pay you for the use on the sharemyNZ website of the content that you post), sublicensable (so that sharemyNZ is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the sharemyNZ website), and worldwide (because the Internet is global in reach). This license will terminate at the time you remove your content from the sharemyNZ website. The license does not grant sharemyNZ the right to sell your content, nor does the license grant sharemyNZ the right to distribute your content outside of the sharemyNZ website.
   
2. You acknowledge that: (i) you own the content posted by you on the sharemyNZ website or otherwise have the right to grant the license to post this content, and (ii) the posting of your content on the sharemyNZ website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to the sharemyNZ website.
   
3. The sharemyNZ website contains content of sharemyNZ. This content is protected by copyright, trademark, and other laws, and sharemyNZ owns and retains all rights to the sharemyNZ content.
   
4. The sharemyNZ website contains content of users and other sharemyNZ licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the sharemyNZ website.

8. Content Posted.

1. sharemyNZ may delete any content that in the sole judgment of sharemyNZ violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. sharemyNZ assumes no responsibility for monitoring the sharemyNZ website for inappropriate content or conduct. If at any time sharemyNZ chooses, in its sole discretion, to monitor the sharemyNZ website, sharemyNZ nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
   
2. You are solely responsible for the content that you post on to the sharemyNZ website, and any material or information that you transmit to other members and for your interactions with other users. sharemyNZ does not endorse and has no control over the content. Content is not necessarily reviewed by sharemyNZ prior to posting and does not necessarily reflect the opinions or policies of sharemyNZ. sharemyNZ makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
   

9. Content/Activity Prohibited. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the sharemyNZ website. sharemyNZ reserves the right to investigate and take appropriate legal action against anyone who, in sharemyNZ’s sole discretion, violates this provision, including without limitation, removing the offending communication from the sharemyNZ website and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of sharemyNZ:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   
2. harasses or advocates harassment of another person;
   
3. exploits people in a sexual or violent manner;
   
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   
5. solicits personal information from anyone under 18;
   
6. provides any personal details such as telephone numbers, street addresses, last names, URLs or email addresses;
   
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   
8. promotes an illegal or unauthorised copy of another person's copyrighted work;
   
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
    
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    
12. involves commercial activities outside of those permitted within a business profile page;
    
13. includes a photograph of another person that you have posted without that person's consent;
    
    or
    
    The following is a partial list of the kind of activity that is illegal or prohibited on the sharemyNZ website and through your use of the sharemyNZ website. sharemyNZ reserves the right to investigate and take appropriate legal action against anyone who at, sharemyNZ’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    
14. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    
15. advertising to, or solicitation of, any member to buy or sell any products or services through the sharemyNZ website. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the sharemyNZ website in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, sharemyNZ reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which sharemyNZ deems appropriate in its sole discretion.
    
16. any automated use of the system, such as using scripts to add friends, plugg or hide content to influence rankings or send comments or messages to members;
    
17. interfering with, disrupting, or creating an undue burden on the sharemyNZ website;
    
18. attempting to impersonate another member or person;
    
19. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
    
20. selling or otherwise transferring your profile;
    
21. using any information obtained from the sharemyNZ website in order to harass, abuse, or harm another person or business;
    
22. displaying an advertisement on your profile on behalf of, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the sharemyNZ website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, plugging or hiding content or sending private messages with a commercial purpose; or
    
23. using the sharemyNZ website in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of sharemyNZ to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to sharemyNZ by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the sharemyNZ website in a way that constitutes copyright infringement, please provide sharemyNZ with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the sharemyNZ website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. SharemyNZ can be contacted by mail: 7 Vermont St, Ponsonby, Auckland or via email admin@sharemynz.co.nz

11. Member Disputes. You are solely responsible for your interactions with other sharemyNZ members. sharemyNZ reserves the right, but has no obligation, to monitor disputes between you and other members.

12. Privacy. Use of the sharemyNZ website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers. sharemyNZ is not responsible for any incorrect or inaccurate content posted on the sharemyNZ website or in connection with the sharemyNZ website, whether caused by users of the sharemyNZ website or by any of the equipment or programming associated with or utilised in the sharemyNZ website. Profiles created and posted by members on the sharemyNZ website contain links to other websites. sharemyNZ is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by sharemyNZ. Inclusion of any linked website on the sharemyNZ website does not imply approval or endorsement of the linked website by sharemyNZ. When you access these third-party sites, you do so at your own risk. sharemyNZ takes no responsibility for the content of the business profiles which are posted on the sharemyNZ website, nor does it take any responsibility for the goods or services provided by these businesses. sharemyNZ is not responsible for the conduct, whether online or offline, of any user of the sharemyNZ website. sharemyNZ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication. sharemyNZ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the sharemyNZ website, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the sharemyNZ website. Under no circumstances shall sharemyNZ be responsible for any loss or damage resulting from use of the sharemyNZ website, from any content posted on or through the sharemyNZ website, or from the conduct of any users of the sharemyNZ website, whether online or offline. sharemyNZ cannot guarantee and does not promise any specific results from use of the sharemyNZ website.

14. Other. This Agreement is accepted upon your use of the sharemyNZ website and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and sharemyNZ regarding the use of the sharemyNZ website.

The sharemyNZ website is owned by Share My NZ Ltd, Auckland, New Zealand

I HAVE READ THIS AGREEMENT AND AGREE TO THE TERMS OF USE OUTLINED ABOVE.