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Terms of Service

Last Updated: 7 June 2025

Introduction and Acceptance of Terms

Welcome to My Name is Tito. These Terms of Service ("Terms") form a legally binding agreement between you ("User," "you," or "your") and My Name is Tito ("we," "us," or "our"), a service registered and operating under the laws of New Zealand. These Terms govern your access to and use of our website, applications, and all associated services, features, and content (collectively, the "Service").

By accessing, Browse, registering for an account, or otherwise utilising any part of the Service, you signify your unequivocal acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. It is imperative that you read and understand these documents thoroughly before proceeding. If you do not agree with any provision of these Terms, you are expressly prohibited from using or continuing to use the Service.

We reserve the right to amend these Terms at any time. We will notify you of any changes by updating the "Last Updated" date at the top of this page. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed.

Definitions

For the purpose of these Terms, the following definitions apply:

  • Service: Refers to the website, applications, and all related services, features, and content provided by My Name is Tito.
  • User, you, your: Refers to any individual or entity accessing or using the Service.
  • My Name is Tito, we, us, our: Refers to the entity providing the Service, registered in New Zealand.
  • User Content: Refers to any content, data, text, images, audio, video, hyperlinks, or other materials that you upload, post, display, or otherwise make available through the Service.
  • Intellectual Property Rights: Refers to all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

User Accounts & Responsibilities

3.1. Account Registration and Security

To access certain features of the Service, you may be required to register for a user account. You covenant and warrant that all information provided during the registration process and thereafter is accurate, current, and complete. You agree to maintain and promptly update your account information to ensure its accuracy and completeness at all times. You are solely and entirely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account, whether or not authorised by you. You must notify us immediately of any unauthorised use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.2. Acceptable Use and Content Standards

You bear exclusive responsibility for any and all User Content that you upload, post, display, link to, or otherwise make available via the Service. You explicitly agree not to use the Service for any purpose that is unlawful, prohibited by these Terms, or which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Prohibited activities and content include, but are not limited to:

  • Transmitting or linking to any material that is defamatory, obscene, pornographic, abusive, harassing, threatening, discriminatory, invasive of another's privacy, or otherwise objectionable.
  • Promoting or engaging in any illegal activities, including, but not limited to, fraud, money laundering, terrorism, or the sale or distribution of prohibited goods or services.
  • Infringing upon the Intellectual Property Rights of any third party, including copyright, trademark, patent, trade secrets, or rights of publicity or privacy. You represent and warrant that you possess all necessary rights, licences, or permissions for any content you submit.
  • Distributing, transmitting, or uploading any viruses, malware, trojans, worms, logic bombs, or any other malicious code or technologically harmful material designed to disrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  • Attempting to gain unauthorised access to, interfere with, disrupt the integrity, performance, or security of the Service, its servers, or associated networks, or attempting to circumvent any security measures implemented by us.
  • Engaging in any form of data mining, scraping, crawling, or similar data gathering and extraction methods in connection with the Service.
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Collecting or harvesting any personally identifiable information, including account names, from the Service without express permission.

We reserve the unfettered right, in our sole and absolute discretion, to investigate and take any appropriate legal action against anyone who violates this provision, including, without limitation, the removal of offending User Content, the suspension or termination of user accounts without prior notice, and reporting such violations to relevant law enforcement authorities.

Intellectual Property Rights

4.1. Our Intellectual Property

The Service, including its design, text, graphics, data, images, information, software, sound, and other files, and the selection and arrangement thereof (collectively, the "Service Content"), is the exclusive Intellectual Property of My Name is Tito and its licensors, and is protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The "My Name is Tito" brand, logos, and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of My Name is Tito. Your use of the Service grants you no right or licence to reproduce or otherwise use any of our Intellectual Property. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service strictly in accordance with these Terms for your personal, non-commercial use.

4.2. User Content Licence

You retain all ownership rights in your User Content. However, by uploading, posting, or otherwise making available any User Content on or through the Service, you grant to My Name is Tito a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and My Name is Tito's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Service a non-exclusive licence to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under these Terms. This licence will terminate for specific User Content when you remove your User Content from the Service, or your account is terminated, except where User Content is shared with others and they have not deleted it, or where it is necessary for compliance with legal obligations.

Third-Party Links and Services

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by My Name is Tito. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that My Name is Tito shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination of Service

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Should you wish to terminate your account, you may do so by discontinuing use of the Service or by contacting us with a request for account deletion. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. MY NAME IS TITO DOES NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE NEW ZEALAND LAW, IN NO EVENT SHALL MY NAME IS TITO, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR NZD$100.00 IF NO SUCH PAYMENTS HAVE BEEN MADE. THIS LIMITATION APPLIES EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless My Name is Tito and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any third-party right, including, without limitation, any Intellectual Property Right, privacy right, or publicity right; (d) your violation of any applicable law, rule, or regulation; (e) any User Content or any other content that is submitted via your account, including, without limitation, misleading, false, or inaccurate information; or (f) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond that party's reasonable control and occurring without that party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as denial of service attacks, telecommunications breakdown, internet service provider failures or delays, or the inability to obtain raw materials, supplies, or power. The party affected by force majeure shall provide prompt written notice to the other party of the nature and expected duration of the event.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in New Zealand. You hereby irrevocably consent to the exclusive jurisdiction and venue of the New Zealand courts and waive any objection to such jurisdiction or venue.

General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by My Name is Tito on the Service, constitute the entire agreement between you and My Name is Tito concerning the Service, superseding any prior agreements, understandings, or arrangements, whether oral or written.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and My Name is Tito's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at our sole discretion, without restriction.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavour to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us at: .