1. Agreement to terms

Welcome to the NZCommons website (the ‘Site’), a website hosted and operated by the Open Education Resource Foundation (‘we’, ‘our’, ‘us’, OERF). These terms apply to the entire contents of the Site as well as to any web feeds produced by or displayed on the Site and to email notifications produced by or via the Site. By viewing and using the Site, you will be deemed to agree to these terms.

No legal advice

2. We do not and will not provide you with legal advice

Neither Creative Commons Aotearoa New Zealand nor OERF is a law firm and neither provide legal advice. Using the Site or any services we provide or sending us an email does not create a solicitor-client relationship. Creative Commons Aotearoa New Zealand/OERF provides this Site on an “as-is” basis. We make no warranties regarding any information provided on or through the Site or our services and disclaim liability for damages resulting from your use of them.

Intellectual property rights

3. Copyright

Copyright material on the Site by Creative Commons Aotearoa NZ is owned by OERF. Copyright content of the Site by third parties remains with them.

4. Your re-use of copyright material on this Site: Creative Commons Attribution 3.0 New Zealand licence

Unless otherwise indicated (which includes clause 5 below), copyright material on this Site is licensed for re-use under the Creative Commons Attribution 3.0 New Zealand licence. In essence, you are free to copy, distribute and adapt such material, as long as you attribute the material to us and abide by the other licence terms. To view a copy of this licence, visit www.creativecommons.org/licenses/by/3.0/nz. To avoid doubt, this licence extends to resyndication of the Site’s web feed(s) on third party websites.

5. Exclusions from licence

The licence above does not apply to graphics/images and icons on the Site, which may not be reproduced without our express written consent.

6. Your licence to us for contributions to this Site

Other than personal information not visible on the Site, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non-confidential. You grant us a non-exclusive, royalty-free and irrevocable licence to:

    1. publish such material in any media and in any format, including on this or any other website, in hard copy publications, in email notifications and in web feeds; and
    2. sub-license such material for re-use by others on the terms of the Creative Commons Attribution 3.0 New Zealand licence.

7. Your use of third party material in your contributions

If your contributions to the Site include material in which copyright or other intellectual property is owned by a third party, you promise that you have the right to reproduce that material by submitting it to us for publication on this Site and having it published on this Site and that you are authorised to allow us to sub-license that material on the terms of the Creative Commons Attribution 3.0 New Zealand licence.

Visitor material and conduct

8. Unacceptable use

You are not allowed to post or transmit to or from the Site any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

9. Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the previous clause.

Moderation

10. Pre- and post-publication moderation

Contributions to the Site may be moderated by one or more moderators before or after being published. Those moderators may decline to publish contributions or remove or modify contributions if they are considered to be contrary to the ‘Unacceptable use’ provision above or irrelevant to the subject-matter of the Site. In some cases, contributions to the Site may be published immediately if the comment author has had previous comment approved.

11. Banning abusive commenters

We reserve the right to terminate a user’s access or ability to post to the comments areas if we believe the commenting facility is being abused.

Indemnification

12. Indemnity

You agree to indemnify and hold us harmless for any loss, liability, claim, demand, damage or expense (including all legal fees on a solicitor-client basis) arising directly or indirectly from your breach of these terms of use.

Disclaimers

13. Exclusion of liability

We disclaim and exclude all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this Site or the information, content or materials included on this Site or on any website to which it is linked.

14.Links

The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

Privacy

15. Agreement to privacy statement

Our treatment of your personal information is described in our privacy statement. In agreeing to these terms of use or using the Site, you will be taken to have read and agreed to the terms of that privacy statement.

Miscellaneous

16. Severability

If any provision of these Terms of use or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable for any reason by any court or tribunal of competent jurisdiction:

  • such provision will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;
  • the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and
  • the remainder of these Terms of use shall continue in full force and effect.

17. Revisions to terms

We may revise these Terms of use at any time. Any such revisions will take effect once notified through a post or other announcement on the Site detailing the respect(s) in which the Terms have changed.

18. Governing law and jurisdiction

These Terms of use are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

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