Terms and Conditions of Access
2. If you do not accept these Terms please do not access and/or use the Site.
3. We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of the Site after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
USE OF THE SITE
4. You must be 18 or over to access and/or use the Site.
5. You agree to use the Site for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person's use and enjoyment of the Site and in compliance at all times with these Terms and with all laws and regulations that apply.
6. In accessing the Site, you agree that you will only access its contents for your own personal, non-commercial informational or entertainment purposes and not for any commercial or other purposes, including advertising or selling any goods or services.
INTELLECTUAL PROPERTY RIGHTS
7. All Site Content is are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Site Content other than as permitted in these Terms.
8. Except as specifically permitted on the Site, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of the Site without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright Act 1994.
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT, INCLUDING COMMENTS, TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
10. Users of this Site (Users) may submit contributions, including without limitation text, photographs, graphics, artwork, video and/or audio material (User Generated Content or UGC).
11. Whenever you make use of a feature that allows you to submit UGC or to make contact with other Users of the Site, you must comply with the House Rules. You warrant that any UGC that you submit as part of your use of the Site complies with the House Rules and that you will indemnify us for any costs to TVNZ arising from breach of your warranty.
12. If you elect to upload or submit any UGC to the Site, you remain the owner of the copyright in any original UGC that you submit. In consideration of us making available to you the opportunity to upload any UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, irrevocable licence of the entire right, title and interest in and to such UGC so that we and any successor may use the UGC in any way as we see fit, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, sub-license, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such UGC (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
13. The permission you have granted to us is not exclusive and therefore you may continue to use the UGC in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
14. You shall be solely responsible for your UGC and
the consequences of submitting them to the Site. You warrant
(a) the UGC is your own original work and you own the entire right, title and interest in and to the UGC and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such UGC to enable us to use the UGC in the manner contemplated by these Terms;
(b) nothing in the UGC is defamatory, obscene, indecent, pornographic, sexually explicit, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation;
(c) you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your UGC or in connection with your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
(d) the UGC does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(e) you will not use the Site to send commercial, unsolicited or bulk electronic messages (including without limitation any junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative messages or so-called "spamming" and "phishing" messages) to anyone or in any way that would constitute an infringement of the Unsolicited Electronic Messages Act 2007; and
(f) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any UGC.
15. You hereby waive all moral rights, performers' rights or similar rights now existing or created in the future in any part of the world in respect of any UGC and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
16. All UGC will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any New Zealand or other applicable law or regulation.
REVIEW AND REMOVAL OF UGC
17. We do not actively monitor or moderate this Site. However, we are entitled at our sole option (but have no obligation) to (a) review UGC posted to the Site; and/or (b) withhold, review, edit, take down, remove or delete any UGC submitted to or via the Site by you or any other User if, in our opinion and at our sole discretion, such UGC does not comply with these Terms, our House Rules or is otherwise inappropriate or offensive.
18. We reserve the right at our sole discretion at any time without liability and with or without prior notice (a) not to post any UGC and/or your account on the Site; (b) to remove or suspend or disable access to any UGC; (c) to revoke your right to access and/or use the Site or submit any UGC; and (d) to use any technological, legal, operational or other means available to enforce these Terms.
19. You may report objectionable behaviour by other Users of the Site by sending an email to TVNZ at email@example.com. Please provide constructive, detailed information about the behaviour of which you are complaining.
RELIANCE ON INFORMATION
20. Information published via the Site is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Site Content or UGC is accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any Site Content or UGC by you or by anyone who may be informed of any of the contents of the Site or UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in any UGC and we disclaim any and all liability in connection with such UGC or other material.
WARRANTIES AND DISCLAIMER
21. The Site is provided "as is" and without any warranty, representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the Site and your use of the Site (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
22. We do not warrant that the Site, any functions contained in any Site Content or any UGC will be uninterrupted or error-free, that defects will be corrected or that the Site, Site Content, UGC or the servers that make them available are free of viruses or bugs.
LIMITATION OF LIABILITY
23. We accept no liability in respect of any UGC submitted by any Users of the Site. Your use of the Site, the Site Content and/or any UGC is entirely at your own risk.
24. To the fullest extent permitted by law, TVNZ and third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of the Site, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
25. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
YOUR LIABILITY TO US
26. You agree to indemnify us in full and any of our officers, directors, employees, agents, sponsors, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site other than in accordance with these Terms or any applicable law or regulation.
VIRUSES & HACKING
27. You must not misuse the Site by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to the Site, the servers on which they are stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service, distributed denial-of service or other type of attack.
28. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, your downloading of any Site Content on the Site or on any Site Content on any other website linked to it.
LINKS TO AND FROM THE SITE
29. We have no control over the content or availability of third party sites that you may access through the Site and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
31. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
32. The Terms are governed by and construed in accordance with
the laws of New Zealand and any disputes arising from or related to
the Site shall be subject to the exclusive jurisdiction of the
courts of New Zealand.
Last updated: December 2011 (FT)