Terms of Use of Media Library

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  2. Terms of Use of Media Library

PLEASE READ THESE TERMS OF USE CAREFULLY. 

Hamilton & Waikato Tourism (“we”/“us”/“our”) makes a website available that is located at www.waikatonz.com and also certain content that is available on that website (“content”) or www.platform.crowdriff.com and any subdomains used in connection with or related to the same (collectively, the “Shared Portal” or “Media Library” or “Media Hub” or “Image Library”). These terms of use apply to all users of the shared portal/media hub/media library and/or the content, including users who download any content from the shared portal/media hub/media library and users who simply view content on or available through the shared portal/media hub/media library.  

You must be at least eighteen (18) years old to use the shared portal/media hub/media library. By accessing, browsing and using the shared portal/media hub/media library, you indicate that you have read and accept these Terms of Use. If you do not accept these Terms of Use, then do not use the shared portal/media hub/media library or any of its content. The term “you” or “your” refers to the individual or legal entity, as applicable, using the shared portal/media hub/media library. If you do not agree to be bound by the terms of use, do not access or use the shared portal/media hub/media library or the content on the shared portal/media hub/media library. 

If you are accepting these Terms of Use on behalf of a corporation, organisation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms of Use on behalf such corporation, organisation or entity and to bind such corporation, organisation or entity to these Terms of Use.

Please note that these Terms of Use are subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the Terms of Use available on the shared portal/media hub/media library. Please check the shared portal/media hub/media library regularly to view the then-current terms.

1. GRANT OF LICENSE. 

We grant You a free, personal, limited, terminable, non-transferable, non-sublicensable and non-exclusive license use the Content subject to the following conditions:

  • Exploitation of Content is limited to non-commercial uses only, and for the specific purpose of promoting the Waikato region as a destination;
  • Content shall not in any way be used for the purpose of selling or reselling promotional items or for commercial gain;
  • Content shall include the appropriate credit (Hamilton & Waikato Tourism) and this credit shall be clearly identifiable where possible;
  • By granting this license We do not in any way transfer any intellectual property rights in the Content to You;
  • You agree that You will not authorise any third party to use any Content without Our prior written authorisation; and
  • Any use of Content for purposes other than those set forth in this license is strictly prohibited unless prior written authorisation is obtained from Us.

Except for the rights and licenses expressly granted in these Terms of Use, We and Our licensors and platform providers reserve all other rights including all intellectual property rights. You acknowledge and agree that any and all intellectual property rights to or arising from the Content and/or the shared portal/media hub/media library are and shall remain the exclusive property of Us and Our licensors and platform providers.

2. RESTRICTIONS ON USE OF THE SHARED PORTAL/MEDIA HUB/MEDIA LIBRARY. 

In using the shared portal/media hub/media library, You shall not:

  • copy any Content unless expressly permitted to do so pursuant to these Terms of Use;
  • impersonate any person or entity or misrepresent Your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any material downloaded from the shared portal/media hub/media library or to impersonate another person or organisation;
  • interfere with or disrupt the shared portal/media hub/media library or servers or networks connected to the shared portal/media hub/media library, or disobey any requirements, procedures, policies or regulations of networks connected to the shared portal/media hub/media library or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • collect or store personal data about other users or viewers;
    license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the shared portal/media hub/media library; or
  • modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the shared portal/media hub/media library, except to the extent the foregoing restrictions are expressly permitted by applicable law.

You also agree not to access the shared portal/media hub/media library in a manner that utilises the resources of the shared portal/media hub/media library more heavily than would be the case for an individual person using a conventional web browser. If Your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Us or our platform providers) of other shared portal/media hub/media library users, We reserve the right to immediately disable Your access and/or throttle Your usage until You can reduce Your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the shared portal/media hub/media library in accordance with out robots.txt file.

3. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. 

The shared portal/media hub/media library and all content are provided “as is” and We and Our licensors and platform providers do not warrant that the shared portal/media hub/media library or content will meet your specific requirements, that the shared portal/media hub/media library will be uninterrupted, timely, secure or error-free, that any errors in the shared portal/media hub/media library or content will be corrected. In addition, we and our licensors and platform providers specifically disclaim all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties or conditions of merchantability, merchantable quality, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any content downloaded or otherwise obtained through the use of the shared portal/media hub/media library is at your own discretion and risk and you will be solely responsible for any damage to your computer system(s), loss of data, or any other loss that results from downloading or using any such content. We and our licensors and platform providers do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any content made available through the shared portal/media hub/media library or in respect to any website that can be reached from a link on the shared portal/media hub/media library.

4. LIMITATION OF LIABILITY. 

Under no circumstances shall We or Our licensors or platform providers be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use the shared portal/media hub/media library or the content, (ii) the cost of procurement of substitute content or services, (iii) errors, mistakes, or inaccuracies in the content, or (iv) any errors or omissions in any content on the shared portal/media hub/media library or any other loss or damage of any kind arising from or relating to your use of the shared portal/media hub/media library. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

5. INDEMNIFICATION. 

You shall indemnify and hold Us and Our licensors and platform providers and the affiliates, officers, agents, and employees of each of the foregoing, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any content made available to you through the shared portal/media hub/media library, your use of the shared portal/media hub/media library and/or any violation by you of these terms of use, the rights of any third party, or any applicable law or regulation.

6. TERMINATION AND SURVIVAL. 

We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the shared portal/media hub/media library and/or content. Sections 3, 4, 5, 6, 8, 9, 10 and 11 shall survive the termination of these Terms of Use. 

7. AVAILABILITY AND UPDATES. 

We and/or Our licensors and platform providers may alter, suspend, or discontinue the availability of the shared portal/media hub/media library and/or the content at any time and for any reason or no reason, without notice, but will endeavour to provide notice of the same. The shared portal/media hub/media library and/or content may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the shared portal/media hub/media library without notice. You may need to update third-party software from time to time in order to use the shared portal/media hub/media library and/or content.

8. THIRD-PARTY BENEFICIARIES. 

Our licensors, technology, service and platform providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary thereof. Every right, exemption from liability, release, indemnity, defence, immunity and/or waiver of whatsoever nature applicable to Us under these Terms of Use shall also be available and shall extend to benefit and to protect the designated third-party beneficiaries of these Terms of Use and such party’s and the designated beneficiaries’ officers, directors, and employees and for such purposes We are or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons to the extent such exemptions, releases, indemnities, defences, immunities and waivers apply to such companies and persons.

9. GOVERNING LAW.

Any dispute or claim relating in any way to Your use of the shared portal/media hub/media library or any Content or arising from or relating to these Terms of Use will be governed and interpreted by and under the laws of New Zealand without giving effect to any principles that provide for the application of the law of any other jurisdiction. 

10. ENFORCEMENT OF TERMS AND CONDITIONS.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure by Us or Our third-party beneficiaries to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Us or Our third-party beneficiaries must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Us or Our third-party beneficiaries of any provision of these Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to the shared portal/media hub/media library or content must be commenced by You within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.

11. GENERAL.

These Terms of Use constitute the entire agreement between the parties relating to the shared portal/media hub/media library and content and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Us. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Us or Our licensors or Our platform providers to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Our prior written consent. We may assign these Terms of Use without restriction.