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Terms of use

 

We welcome you to this website and encourage you to use the Digital New Zealand services. By using this website you agree to be legally bound by these terms of use which take effect immediately on your first use of the website. If you do not agree to be legally bound by all these terms, please do not access or use this website.

The Digital New Zealand project is run by the National Library of New Zealand (“the National Library”). The National Library may change this website, the online services (“the Service”) provided through it or these terms of use at any time. Changes to these terms of use will be posted online. You are responsible for reviewing the amended terms of use, and your continued use of this website constitutes your agreement to the amended terms of use.

In addition to agreeing to the terms of use for this website, you also agree to the Make It Digital community guidelines.

Your responsibilities

Each registered user of this website (which includwa the Ask a Question forum, the voting feature, or other tools provided) has the following responsibilities:

  • You need to keep your user ID, password secure. Do not disclose your password [or forgotten password phrase] to anyone else.
  • If you think someone knows your user ID, password, you must immediately:
    - change your password, or
    - cancel your online account for this website, or
    - call us.

You must keep your registration details up-to-date.

You are responsible for providing all hardware and software required to perform your obligations under these terms of use.

Tools

You may use the tools provided by this website for the purposes designated by this website but in any event only for non-commercial purposes. You may embed search widgets (“search widgets”) and other tools you create using this website on another website, blog, or in an application (“Other Website”) in accordance with these terms.

Acceptable use

You agree not to use the Ask a Question forum, the voting feature, other tools, the Digital New Zealand content, or the National Library trade marks in any way that is unlawful, or harms the National Library, its service providers, its suppliers, your end users, or any other person.

The National Library may unilaterally terminate your use of the Ask a Question forum, the voting feature, other tools, the Digital New Zealand content and/or the National Library trade marks if and when the National Library determines that your use is inappropriate or otherwise unacceptable.

Trade marks

The National Library grants you a non-transferable, non-exclusive licence while you remain a registered user of this website to display the National Library's trade marks, including DIGITAL NEW ZEALAND, in relation to your use of the Service and tools as permitted by this website.

Your use of the National Library’s trade marks is subject to the Digital New Zealand brand guidelines as issued from time to time.

All use of the National Library's trade marks (including any goodwill associated with it) shall inure to the benefit of the National Library.

If the National Library determines at any time that you are using or displaying any of the National Library’s trade marks in a manner that is or may be detrimental to the National Library’s interests, the National Library may issue reasonable instructions to you concerning the manner, if any, in which you may continue the use of such the National Library’s trade marks or any of them. You must promptly comply with such instructions or cease the use or display of the relevant National Library trade mark.

Content disclaimer

This website contains content that was not produced by the National Library. The National Library is not responsible for such third-party content, and does not necessarily endorse the views expressed in it.

The Library accepts no liability or responsibility for the manner in which the information on this website is interpreted or used, or the results of such use.

External links from this website

This website may include hypertext links to the websites of other people and organisations. Linking should not be taken as endorsement of any kind by the National Library of those other people and organisations.

The National Library is not responsible for the content of external internet sites and does not necessarily endorse the views expressed within them. Contact the external site owner for answers to questions regarding their content.

Copyright in content on this website

Unless stated otherwise:

(a) the material on this website is subject to copyright protection;
(b) all items are protected by third-party copyright or other usage restrictions or is Crown copyright.

Crown copyright material

Material on this website that is designated as "Crown Copyright" may be reproduced free of charge in any format or media for personal or non-commercial use without requiring specific permission. However, the material must be reproduced accurately, must not be sold or otherwise disposed of on a commercial basis and must not be used in a misleading manner.

Where the material is being published or otherwise made available or distributed to others, the source and copyright status must be acknowledged. Crown copyright material should be acknowledged in the form '© Crown copyright, [year of access], [complete URL], [description] and [date of access]'.

For example:

© Crown copyright, 2008, http://www.natlib.govt.nz/services/get-advice/family-history, Family History Guide, accessed 21 September 2008

Third-party copyright material

Contributions to this website are licensed under a Creative Commons Attribution-Noncommercial (BY-NC) license unless otherwise noted. Where noted, the copyright in some of the Content on this website may be owned by third parties. If you want to copy (including download), adapt, publish or otherwise distribute any of this Content, you are responsible for determining and clearing copyright, obtaining permissions and meeting any other requirements.

Contributing content

 By submitting content (including on the Ask a Question forum, the voting feature, or other tools provided) to this website ("Content"), you grant the public the right to relicense the Content under a Creative Commons Attribution-Noncommercial (BY-NC) license. This is so content on this website can be reused, for example,

  • an answer to a question about digitisation could be reproduced in a museum's FAQs or digitisation guide
  • comments supporting an idea for new digital content could be reproduced in a business case to get that content made


You retain copyright to the Content you post on Make It Digital. Copyright is never transferred to the National Library. You can later republish and relicense the Content in any way you like. But, you can never retract the Creative Commons license for Content that you submit on this website.

You may only submit Content to this website in which you hold the rights to copy, publish and make available electronically.
By submitting any Content to this website you represent and warrant that:

  • you own the relevant copyright in the Content, or have the rights to administer the Content, and have the right to use any trade marks incorporated in it;
  • the uploading, downloading, copying and use of the Content will not infringe the intellectual property rights of any third party;
  • you have fully complied with any third-party licenses relating to the Content;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; and
  • the Content is not obscene or defamatory and does not violate the privacy of any third party;


You agree to indemnify the National Library from all or any liability, loss, damages, costs or expenses arising directly or indirectly from legal proceedings, or the threat of legal proceedings, claiming that Content, the uploading of Content to this website or the availability of Content on this website infringes the intellectual property rights of third parties.

You agree that the National Library may suspend, terminate or filter access to the whole or any part of the Content if it reasonably considers such Content is or may be:

  • An infringement of someone’s intellectual property rights;
  • Obscene, indecent, pornographic or otherwise inappropriate; or
  • Defamatory of any person; or
  • In breach or encourage conduct that would breach of any applicable law or encourage conduct that would breach.
     

Linking to this website

You are welcome to link to pages on this website. Links should not state or imply that the material is the copyright of anyone other than the National Library or the relevant copyright holder.

Linking to this website from any other website or organisation is not an endorsement of any kind by the National Library.

Privacy

We will safeguard your personal information (information that identifies you as a natural person) and respect your rights under the Privacy Act 1993.

If you send us personal information we will only use this personal information for the purpose for which it was provided or for a purpose required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.

We will keep any personal information you provide to us secure and will not disclose it to any other parties without your prior consent or as required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.

To access or correct any of your personal information that we hold, or if you have any concerns about personal information that we hold, please contact us. You can email us with your privacy questions: privacy@digitalnz.org.

Tracking of website usage

If you visit this website to read or download information or perform tasks, or use services that use the DigitalNZ API, we collect and store statistical information about the visit.

This information includes the server address, top-level domain name, date and time of the visit, pages accessed and documents downloaded, previous site visited, and type of browser used.

Site statistics allow us to assess the number of visitors to the different sections of our website, identify what information is of interest, monitor system performance, and help us make our site more useful to visitors. Site statistics may be shared with Digital New Zealand content partners.

Security and damage

You are responsible for any damage you cause to this website or to any of the National Library’s other websites, electronic facilities or data.

We provide security to protect this website and our online services. You are responsible for ensuring that your own computer is secure, including taking all reasonable steps to:

  • prevent someone misusing or getting unauthorised access to your computer system or to this website or our online services, and
  • ensure your computer system and data are free of computer viruses and all other forms of corruption.

Disclaimer

The National Library makes no warranty, express or implied, nor assumes any legal liability or responsibility:

  • that this website or the National Library’s servers are free of computer viruses or any other harmful components, defects or errors
  • that any defects in this website will be corrected
  • that your access to this website will be reliable, uninterrupted or error-free (including access to any linked applications, search widgets and other tools)
  • for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures, or
  • for any theft, destruction, damage or unauthorised access to your computer system or network.

Users of this website assume all risks associated with any transfer of data or information to the National Library, and with any other use of this website. We are not liable for any damage arising from interception, loss, theft, other action or difficulty in transmitting information to us.

You agree that the National Library shall not under any circumstances be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages whatsoever resulting from or arising in relation to the Content, this website or the online services of the National Library or the use of them.

Cookies

Cookies are small files that are sent by a website and stored on your computer's hard-drive. This application may use cookies to store session management information, or to remember if you have previously completed a customer survey (or declined to do so) so that we do not keep asking you. Cookies do not contain personal data and expire upon termination of the session or after a set period of time (usually 20 minutes).

Suspension of access

The National Library may, at its discretion, suspend or restrict your access to this website or any part of it for any reason, including a breach of these terms of use.

Governing law

This website and these terms and conditions are governed by the laws of New Zealand and the courts of New Zealand have non-exclusive jurisdiction in relation to them.

These terms and conditions are without prejudice to the powers, rights and duties of the National Library under the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003.