1. Contracting Entity, Acknowledgement, and Acceptance of Terms

This Terms of Service agreement ("Agreement") is a legal contract between you ("User") and Primal Media Limited, trading as Treads.NZ ("we", "us", or "treads.nz"), the operator of this website and service. By registering an account or using the services provided by treads.nz, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth herein.

2. Description of Service

treads.nz provides Users with various online social networking services including personals and photo galleries. Users must (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for User's own access to the Internet and pay any fees related with such connection. User agrees to provide and maintain certain current, complete, and accurate information about User as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, User grants treads.nz the right to disclose certain Registration Data about User and Service information where required to do so by any applicable law or legal process. If any information provided by User is inaccurate, treads.nz reserves the right to terminate User's Usership and rights to use the Service, with or without notification.

3. Modifications to AUP

treads.nz reserves the right to change the terms and conditions of this AUP as necessary. treads.nz expects User's to actively ensure that they agree to the current AUP, and a modification date will be posted on any and all copies. User's continued use of the Service constitutes an acknowledgement of the AUP and its modifications by the User and an agreement by the User to abide and be bound by the AUP and its modifications.

4. Modifications to Services

treads.nz reserves the right to modify or discontinue the Service with or without notice to the User. treads.nz shall not be liable to User or any third party should treads.nz exercise its right to modify or discontinue the Service.

5. Account Lifecycle

All user accounts will be subject to the following life cycle. By registering an account you are agreeing to allow treads.nz to send you the following email(s) (and/or push notifications) messages:

• Welcome message 1-10 days after registering your account.
• A reminder message after not logging in within 90 days.
• A reminder message after not logging in within 120 days.
• A closing account reminder after not logging in within 365 days.
• User selected notifications.

6. Photo and Media Policy

By uploading photos and/or other media to the website you agree that you are the owner and copyright holder. You give treads.nz a licence to display your photos and media at no charge for as long as is required. This licence can be terminated by deleting your photos and media from the website using the portal provided. You agree that photos and media that you upload are within the theme of the website. Photos and Media that are not deemed to be keeping within the spirit of the website will be removed.

7. Privacy Policy

For more information about your privacy, how we use the data added to our database, our integration with Cloudflare services, and your data updating/deletion options under New Zealand law, please consult our main Privacy Policy section or page.

8. Purchase and Refund Policy

If you are a subscriber of our service and you choose to delete your account or cancel your subscription, you will not be entitled to a refund for any unused portion of your subscription, except where required by New Zealand law. Refunds will otherwise only be granted if you have paid and the service was not enabled on your account.

Nothing in this clause is intended to exclude or limit any rights or remedies a consumer may have under the New Zealand Consumer Guarantees Act 1993 in the event that the paid service fails to meet statutory guarantees.

You agree that the credit card or payment method you use to purchase a subscription is your own and that no one else has unauthorized access to it. In the event of an unauthorized chargeback, your account will be immediately terminated, and relevant information may be passed to collection agencies or law enforcement for investigation and recovery.

9. User Account, Password, and Security

Once you become a User of treads.nz, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site; you may also set up a new account and close an old one at your convenience. User agrees to immediately notify treads.nz of any unauthorized use of User's account or any other breach of security known to User.

10. Free Tiers and Paid Subscriptions

10.1 Free Services:

Where treads.nz provides any features, accounts, or services free of charge (the "Free Tier"), you acknowledge and agree that such services are provided on a strictly "as is" and "as available" basis without any warranties, guarantees, or representations of any kind, whether express or implied. To the maximum extent permitted by New Zealand law, Primal Media Limited accepts no liability whatsoever for any loss, damage, or disruption experienced in connection with your use of the Free Tier.

10.2 Paid Subscriptions:

For any paid tiers or subscriptions purchased on treads.nz, our services come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (CGA) where the services are acquired for personal, domestic, or household use. Nothing in these terms is intended to exclude or restrict your statutory rights under the CGA or the Fair Trading Act 1986 in respect of paid subscriptions.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Primal Media Limited (trading as Treads.NZ) shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the service, unauthorised access to your data, or hosting/infrastructure outages (including interruptions originating from our U.S.-based hosting providers or content delivery networks). Nothing in these terms is intended to restrict or contract out of any rights you may have under the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986, where applicable and non-excludable by law.

12. No Resale or Redistribution of the Service

User's right to use the Service is personal to User. User agrees not to resell the Service without the express consent of treads.nz. No other person may use an account apart from the person who filled in the registration. We have bots that track the use of all Users, and we have the right to delete your account without notification if we find your account being accessed from multiple points at one time. This includes the sharing of files downloaded within the download section of the site. Files are subjected to a one computer licence. This means you can only download the files to one computer and not hold more than one copy of the material. You also agree you will not redistribute material downloaded from treads.nz for personal gain or other. The User's account is subject to termination with investigation at any time if redistribution is suspected or reported.

13. Hyperlinks Content and Other Limitations

treads.nz assumes no responsibility for the content of any material located on the hosts linked to by this Service. treads.nz has no control over these websites or other material hosted on external hosts; however, treads.nz retains the right, on treads.nz' sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the AUP and may terminate Service if a User's conduct is found to be inconsistent with the AUP.

14. User Conduct

User is solely responsible for the contents of their usage of the Service. User's use of the Service is subject to all applicable local and international laws and regulations. User agrees: (1) not to use the Service for illegal purposes; (2) not to interfere with or disrupt networks connected to the Service; and (3) to comply with all regulations, policies, and procedures of networks connected to the Service.

User will not use the Service for illegal communication, junk pornography, spamming, or any form of unsolicited bulk communication to any person who has not given specific permission. User agrees not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. A cleanup fee of NZ$500.00 per hour may be assessed for violations of these terms.

User further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable New Zealand or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service. Treads.nz may, at its sole discretion, immediately terminate the Service should a User's conduct fail to conform with these terms and conditions.

15. Indemnification

User agrees to indemnify and hold treads.nz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this AUP by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

16. Termination

Either User or treads.nz may terminate the Service with or without cause at any time and effective immediately. treads.nz shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the treads.nz AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Usership; and (3) notify treads.nz of termination. Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and treads.nz will have no obligation thereafter to handle accounts for the User or any third party related to that User.

17. Notice

All notices to a party shall be in e-mail or postal mail. treads.nz may or may not broadcast notices or messages through the Service to inform User of changes to the AUP, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

18. Participation in Promotions of Advertisers

User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. treads.nz assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

19. Proprietary Rights to Content

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to User by the Service ("Content") by treads.nz or treads.nz' Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

20. Governing Law and Jurisdiction

This Agreement, and any dispute arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of New Zealand. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand to settle any dispute or claim that arises out of or in connection with this Agreement.