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1. Acceptance of terms and conditions

1.1

This website is owned and operated by the Digital Media Trust ("NZ On Screen"). By creating an account, you accept these Terms and Conditions.

1.2

NZ On Screen may modify, alter or otherwise update these Terms and Conditions from time to time. Such amendments will be effective immediately upon the posting of the amended Terms and Conditions on this website.

1.3

By creating an account you also agree to be bound by our Privacy Policy.

2. Your obligations

2.1 Account

You may not create an account using multiple identities or personas (whether false or not); use a false email address; impersonate any person or entity, or otherwise mislead as to your identity.

2.2 Account security

You are responsible for maintaining the security of your confidential login information and for any activity which occurs on or through your account. You agree to accept responsibility for all activities that occur under your account.

2.3 Deletion

You may delete your account at any time. In accordance with clause 5.3(g) you agree that if you delete your account any comments or other material posted by you will remain on this website but will show that they were contributed by an anonymous user.

3. Intellectual property

3.1 Intellectual Property on this website

  1. With the exception of the written synopses and perspectives on the website and all content of ScreenTalk which is available for use by the public subject to a creative commons licence, NZ On Screen (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in this website including, without limitation, all content on this website, logos, text, images, film or video footage, audio clip or product, optically generated visual representations, digital files, transparencies, negatives, film imprints, graphics, layout, look-and-feel, the software and other material underlying on this website and is protected by New Zealand and international copyright laws and all rights are reserved to NZ On Screen (and its licensors or suppliers, as the case may be).

  2. This website is for your personal and educational, non-commercial use only. You agree not to copy, reproduce, republish, duplicate, sell, upload, download, post, transmit, distribute, broadcast, store (including, without limitation, in electronic form), modify, or otherwise use in any way other than in accordance with these Terms and Conditions, any video footage on this website (with the exception of video footage contained in ScreenTalk which is available for use by the public subject to a creative commons licence).

  3. All trademarks on this website are the property of their respective owners and nothing contained in this website grants you any licence or right to use any such trade mark.

3.2 Use of this website:

  1. NZ On Screen grants you a limited licence to access and make personal use of this website. Any unauthorised access or use of this website terminates the permission or licence granted by NZ On Screen.
  2. You agree not to attempt to damage, interfere or harm this website.

3.3 Copyright complaints

NZ On Screen respects the intellectual property of others. If you genuinely believe that your work has been copied in a way that constitutes copyright infringement, please contact us. NZ On Screen would like to hear from any intellectual property rights owners who believe that they are not properly identified or acknowledged on the website so that we can make the necessary corrections and display the appropriate notices.

4. NZ On Screen's obligations

4.1 Suspension and termination of account

NZ On Screen may suspend or terminate your account at any time it considers in its sole opinion that you are in breach of any of these terms and conditions.

4.2 Privacy

NZ On Screen collects personal information about you through your use of this website. All information that we collect about you is subject to our Privacy Policy.

5. Perspective/programme comments and reviews

5.1

NZ On Screen permits you to post comments and reviews (together referred to as "Comments") in relation to perspectives and programmes on this website.

5.2

You agree that NZ On Screen is not responsible for any of the opinions expressed in any Comments posted on this website. NZ On Screen takes no responsibility and assumes no liability for any Comments posted by you or any third party.

5.3

By posting Comments on this website, you:

  1. Agree that your account name will appear next to your Comments as the contributor of the Comments on the website;
  2. Represent and warrant that your Comments are not illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, and do not otherwise infringe any law;
  3. Represent and warrant that your Comments do not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of spam;
  4. Agree to take full legal responsibility and liability for your Comments;
  5. Represent and warrant that your Comments are your own original work and are owned by you; are accurate; and that use of your Comments does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify NZ On Screen for all claims resulting from the Comments that you supply;
  6. Grant NZ On Screen a perpetual, royalty-free, non-exclusive, irrevocable, and fully sub-licensable right and license to use, copy, reproduce, republish, upload, post, transmit, distribute, store (including, without limitation, in electronic form), translate, display, adapt or modify any part of the Comment, whether in text, graphical, audio, video or executable form for any purpose throughout the world in any media; and
  7. Agree that if you delete your account in accordance with clause 2.3 of these Terms and Conditions, any Comments posted by you on the website will remain on the website but will show that they were contributed by an anonymous user.

5.4

NZ On Screen reserves the sole right to determine what is considered offensive or defamatory or in any other way contravenes clause 5.3 or any other clause of these Terms and Conditions and may, in its sole discretion and at any time, remove any Comments that it deems unsuitable or in breach of these Terms and Conditions. NZ On Screen has the right, but not the obligation, to monitor and edit or remove any Comments posted by you.

6. Warranties and limitations of liability

6.1 Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of NZ On Screen to you or any other person under or in connection with these Terms and Conditions, or in connection with this website, or your use of or inability to use this website is excluded in respect of any and all loss or damage, whether direct or indirect, or however caused, whether arising in contract, tort, equity or otherwise.

6.2 Indemnity

You agree to release, indemnify and keep indemnified NZ On Screen from and against all actions, claims, costs losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of this website, your failure to comply with these Terms and Conditions, or any Comments that you post on this website.

7. General rules

7.1 No waiver

If NZ On Screen does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.

7.2 Partial invalidity

If any provision of these Terms and Conditions becomes or is held to be invalid, void, unenforceable or illegal for any reason, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.

7.3 Governing law

These Terms and Conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

7.4 Entire agreement

These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement between the parties relating to the subject matter of these Terms and Conditions.

7.5 Address

NZ On Screen Postal PO Box 9872 Marion Square Wellington 6141 New Zealand www.nzonscreen.com