Terms & Conditions for Photo Sharing

Last updated April 13, 2017

The following terms and conditions are important. They form the basis of your agreement with Air New Zealand and you should read them carefully.

1. TERMS

By submitting a photograph to us or by otherwise agreeing to our use of a photograph according to these Terms, you agree to these terms and conditions (“Terms”).

2. AIR NEW ZEALAND’S USE OF PHOTOGRAPHS AND CONTENT

By submitting, or otherwise agreeing to our use of, a photograph or other content, including but not limited to photo captions, your name or social media handle (collectively, “Content”), you grant us a worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time. Nothing in these Terms affects your ownership rights to any photograph or other content.

3. THE CONTENT YOU SUBMIT

By submitting a photograph to Air New Zealand or agreeing to Air New Zealand using the photograph in accordance with these Terms, you represent and warrant that you:

  1. Own the intellectual property rights (including copyright) in the photograph; and
  2. Have the consent of any person who appears in the photograph that you and Air New Zealand may use that person’s image in accordance with these Terms (or the consent of that person’s parent or guardian if the person is a minor).

You will not submit any photograph or agree to Air New Zealand using a photograph in accordance with these Terms which:

  1. You do not own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright or intellectual property of any other person;
  2. Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way;
  3. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer;
  4. Is, or could reasonably be expected to be, defamatory of any person;
  5. Violates any applicable law, statute, ordinance, or regulation.

4. INDEMNITY

Subject to claims available under consumer protection laws, Air New Zealand is not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with the submission and/or use of any photograph in accordance with these Terms. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

You agree to fully indemnify and hold Air New Zealand harmless against any claims, liabilities, loss or damage incurred by Air New Zealand arising out of or in connection with Air New Zealand’s use of the photograph in accordance with these Terms and/or as a result of any breach or violation of these Terms by you.

5. ENFORCEABILITY

If any term or provision of these Terms is held to be illegal, invalid or unenforceable it will be severed from the Terms without affecting the legality, validity or enforceability of the remaining provisions.

6. LAWS OF NEW ZEALAND APPLY

These Terms shall be governed by and construed in accordance with the laws of New Zealand. You and Air New Zealand consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to these Terms.

7. DEFINITIONS

Air New Zealand, we and us means Air New Zealand Limited.Terms means these terms and conditions which govern the relationship between Air New Zealand Limited and you.

8. ADDITIONAL TERMS AND CONDITIONS

All content that you submit to us or by otherwise agreeing to our use of a photograph according to these Terms, is subject at all times to our Privacy Policy.

9. CONTACT US 

If you have any questions about our privacy policies or any other matter, please contact us at: 

Freephone (calling within New Zealand): 0800 737 000
Tel: +64 (0) 9 357 3000

The Privacy Officer
Air New Zealand Limited
Private Bag 92007
Auckland 1142
New Zealand