Terms and Conditions

WEBSITE TERMS OF USE

Attitude Pictures Limited of Auckland, New Zealand (“Attitude Pictures”) welcomes you to www.attitudelive.com (“Website”). This Website is intended to be used as a facility for you to have access to a collection of on-line information and resources. Your access to the Services and this Website is conditional upon your acceptance and compliance with these Terms and Conditions of Use (“Terms of Use”). These Terms of Use form a contract between the person accessing this Website (“you”) and the owner of this Website, Attitude Pictures. If you have any questions about these terms, please contact Attitude Pictures on info@attitudelive.com. By accessing and browsing this Website, you agree to be bound by these Terms of Use, the Privacy Policy and any other notices, guidelines or rules published by us in relation to the Website, as well as any applicable third party terms and conditions (including without limitation those of social media platforms such as Facebook, YouTube and Twitter). If you do not agree to be bound by all these Terms of Use, please do not access or use this Website.

Terms

In these Terms of Use: “User” means a user of this Website. “Services” means any one or more of the services offered by Attitude Pictures on this Website from time to time, including articles, directories, forums and any other service that Attitude Pictures may offer. “User Generated Content” means material (including, without limitation text, images, audio material, video material and audio-visual material) that a User uploads to this Website, for whatever purpose. “Website” means this www.attitudelive.com website and all pages on this Website including without limitation any features, information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, embeddable media players, RSS feeds, software, interactive features, advertisements and/or other content, services or content (or any part of them) accessible via the website.

Information about Attitude Pictures

www.attitudelive.com is a site operated by Attitude Pictures Limited. Attitude Pictures Limited is registered in New Zealand under company number 564845 and has its registered office at Bowden Williams & Associates Ltd, Level 2, 3 Margot Street, Newmarket, Auckland, 1149, New Zealand.

Access and Acceptable Use

Your access and use of this Website, and the information contained on this Website, must only be for the purposes contemplated by this Website. You agree that you will not: Attempt to change any information or content appearing on this Website, or attempt to introduce any virus to, or adversely affect the performance of, this Website. Attempt to interfere with any network or equipment on which this Website is hosted or operated. Either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, hide, spoof, obfuscate, bypass, avoid, interfere with, or circumvent any digital rights management mechanism, device, or other content protection or access control measure associated with the Website including, without limitation, any geo-filtering or blocking mechanisms such as those which block Users in certain countries based on their IP addresses or DNS records. Use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend any Attitude Pictures or any of its employees or contractors or any other User or person. Use this Website for any illegal or unlawful purpose in any jurisdiction. Use this Website in any manner that is prohibited by these Terms of Use.

Information and Intellectual Property

Attitude Pictures either owns, or is authorised to use, the copyright, trade marks, design rights and other similar intellectual property rights with respect to this Website and all content delivered through it (including without limitation, the look and feel, imagery, any artwork, methods of operation, moral rights, documentation and server software) (Attitude Pictures Intellectual Property). You are not allowed to, and cannot let or assist anyone else to, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) transmit, re-transmit, re-publish, broadcast, modify, show in public, or use any of Attitude Pictures Intellectual Property without getting Attitude Pictures’ permission first in writing except as strictly necessary to view content for your personal use. You may not display any content from the Website in any commercial premises without Attitude Pictures prior written consent. You must inform Attitude Pictures immediately if you think someone has infringed Attitude Pictures Intellectual Property, or someone has threatened to, or you suspect something might. You must also inform Attitude Pictures as soon as you become aware that someone claims any use of this Website infringes the rights of anyone else. All information contained on this Website remains the property of Attitude Pictures and is provided on an “as is” basis. You must make your own investigations into any matter arising from such information before relying upon it. Attitude Pictures will not be liable for any reliance you place on any information contained on this Website.

User Generated Content

User Generated Content posted on this Website is not that of Attitude Pictures and is not endorsed by Attitude Pictures. You acknowledge that all User Generated Content is the sole responsibility of the person who uploads that User Generated Content. Attitude Pictures does not guarantee the accuracy, integrity or quality of such User Generated Content. Under no circumstances will Attitude Pictures be liable in any way for any User Generated Content, including, but not limited to any errors or omissions in any User Generated Content, or for any loss of damage of any kind incurred as a result of use of any User Generated Content posted, emailed or otherwise transmitted via this Website. By posting User Generated Content on this Website, you grant to Attitude Pictures a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, modify and distribute or delete any part of the User Generated Content, or incorporate it in other works in any form, for the purposes of operating the Website (but for no other purpose). You may only upload User Generated Content to this Website if you own that User Generated Content or have express permission to do so from the owner of the materials. Attitude Pictures has the right to disclose your identity to any third party who is claiming that any User Generated Content posted or uploaded by you to this Website constitutes a breach of their intellectual property rights, or of their right to privacy. You may not, upload, post or otherwise transmit on this Website any User Generated Content or communication that infringes Attitude Pictures or anyone else’s intellectual property or other rights or is unlawful, harmful, threatening, abusive, harassing, tortuous, offensive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, misleading, deceptive, untrue, false, racially, ethnically or otherwise objectionable (“Objectionable Material”). Attitude Pictures reserves the right to determine what is Objectionable Material and may remove content from this Website or disable access to it at its sole discretion for any reason or no reason. Copies of that Objectionable Material and User details may be provided to third parties or law enforcement authorities. As a User of this Website you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and integrity of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data.

Fees

Attitude Pictures reserves the right to charge fees for some or all of the Services, and to change any such fees at any time and from time to time. Attitude Pictures will post details on this Website before commencing to charge or to increase any fee for a Service.

Links

This Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Attitude Pictures is not responsible for the content or privacy practices associated with Linked Websites. Links with Linked Websites do not constitute an endorsement, approval or recommendation by Attitude Pictures of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites. You must not create a link to any part of this Website for the purpose of increasing your search engine page rank or other status of the site which is linked to. We may disable links temporarily or permanently for any reason or no reason. If you do create a link to any page of this Website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep Attitude Pictures indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.

Breach of these Terms of Use

When Attitude Pictures consider that a breach of these Terms of Use has occurred, Attitude Pictures may at Attitude Pictures discretion take such action as Attitude Pictures deems appropriate including without limitation: Immediate, temporary or permanent withdrawal of your right to use this Website; Immediate, temporary or permanent removal of any User Generated Content already posted; Issue of a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Pursue further legal action against you; or Disclose such information to law enforcement authorities or third party claimants as Attitude Pictures reasonably feel is necessary or as required by law.

General Practices Regarding Use and Storage

You acknowledge that Attitude Pictures may establish general practices and limits concerning use of this Website, including without limitation the maximum number of days that User Generated Content will be retained on this Website and the maximum number of access calls in respect of any content. You agree that Attitude Pictures has no responsibility or liability for the deletion or failure to store any User Generated Content maintained or transmitted via this Website. YOU SHOULD KEEP A COPY OF ALL USER GENERATED CONTENT UPLOADED TO THIS WEBSITE SINCE WE HAVE NO RESPONSIBILITY TO RETURN IT TO YOU. You further acknowledge that Attitude Pictures reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Warranties and Liability

ATTITUDE PICTURES EXCLUDES (TO THE MAXIMUM EXTENT PERMITTED BY LAW) ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES AS TO THE CONTENT OF, AND SERVICES PROVIDED THROUGH, THIS WEBSITE: 1. THAT THIS WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR ANY OTHER HARMFUL COMPONENTS, DEFECTS OR ERRORS; 2. THAT ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED; 3. THAT YOUR ACCESS TO THIS WEBSITE WILL BE RELIABLE, UNINTERRUPTED OR ERROR-FREE (INCLUDING ACCESS TO ANY LINKED WEBSITES AND OTHER TOOLS); 4. FOR ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS INTERRUPTIONS, DELETIONS, DEFECTS, COMPUTER VIRUSES OR COMMUNICATION LINE FAILURES; OR 5. FOR ANY THEFT, DESTRUCTION, DAMAGE OR UNAUTHORISED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK. YOU ASSUME ALL RISK ASSOCIATED WITH ANY TRANSFER OF DATA OR INFORMATION TO THIS WEBSITE, AND ANY OTHER USE OF THIS WEBSITE. ATTITUDE PICTURES IS NOT LIABLE FOR ANY DAMAGE ARISING FROM INTERCEPTION, LOSS, THEFT OR OTHER ACTION OR DIFFICULTY IN TRANSMITTING INFORMATION TO ATTITUDE PICTURES. ATTITUDE PICTURES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE SUFFERED OR INCURRED BY YOU IN ACCESSING AND USING THIS WEBSITE (INCLUDING ANY DIRECT OR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE, COST OR EXPENSE (INCLUDING LOSS OF PROFIT, LOSS OF OPPORTUNITY OR LOSS OF USE) WHICH MAY BE SUFFERED BY YOU IN ACCESSING OR USING THIS WEBSITE, OR RESULTING FROM THIS WEBSITE NOT BEING AVAILABLE FOR ANY REASON.

Privacy

To the extent that Attitude Pictures collects any personal information about you through this Website, Attitude Pictures will use that information for the purpose for which it was acquired in accordance with its Privacy Policy

Attitude Pictures Child Protection Code of Conduct

To the view our the Attitude Pictures Child Protection Code of Conduct Click on the Button

Assignment

You may not assign, sub-licence or otherwise transfer any of your rights or obligations under these Terms of Use.

General

Any dispute arising under these Terms of Use or otherwise in relation to the access and use of this Website will be exclusively governed by New Zealand law and will be dealt with by the New Zealand courts, provided that this does not prevent enforcement of a New Zealand judgement in any other country. Attitude Pictures may from time to time amend these Terms of Use. Any such amendments will come into force immediately upon their publication on this Website. It is your responsibility to ensure you are familiar with the Terms of Use at all times. Your continued use of this Website represents your agreement to be bound by the Terms of Use as amended from time to time. These Terms of Use were last updated on 01/09/2013. 6164–2.0001