Terms and Conditions

1. Acceptance of Terms and Conditions

1.1

This website is owned and operated by the Digital Media Trust ("AudioCulture"). By using this website, you accept these Terms and Conditions

1.2

AudioCulture 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.

2. Intellectual Property

2.1 Intellectual Property on this website

a. AudioCulture (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 AudioCulture (and its licensors or suppliers, as the case may be).

b. 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.

c. All trade marks 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.

2.2 Use of this website

a. AudioCulture 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 AudioCulture.

b. You agree not to attempt to damage, interfere or harm this website.

2.3 Copyright complaints

AudioCulture 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. AudioCulture 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 or remove the material.

3. Comments and feedback

3.1

AudioCulture permits you to post comments, feedback, ideas and other material (together referred to as "Comments") in relation to this website.

3.2

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

3.3

By posting Comments on this website, you:

a. Agree that your profile name will appear next to your Comments as the contributor of the Comments on the website;

b. Represent and warrant that your Comments are your own original work, and 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;

c. 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;

d. Agree to take full legal responsibility and liability for your Comments;

e. Agree to indemnify AudioCulture on the terms sets out in clause 4.2; and

f. Grant AudioCulture 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.

3.4

AudioCulture reserves the sole right to determine what is considered offensive or defamatory or in any other way contravenes clause 3.3 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. AudioCulture has the right, but not the obligation, to monitor and edit or remove any Comments posted by you.

4. Warranties and limitations of liability

4.1 Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of AudioCulture 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.

4.2 Indemnity

You agree to release, indemnify and keep indemnified AudioCulture 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.

5. General rules

5.1 No waiver

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

5.2 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.

5.3 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.

5.4 Entire agreement

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

5.5 Address

AudioCulture, PO Box 9872 Marion Square, Wellington 6141, New Zealand, www.audioculture.co.nz

Website disclaimer

The information on this website is intended as general reference. Material has been drawn from a variety of sources and is made available on the understanding that AudioCulture will not be liable in any way for your use of the material.

This website and all information, content and materials on this website is provided by AudioCulture on an "as is" and "as available" basis and is not warranted. In particular, the views expressed on AudioCulture are the responsibility of individual authors, and not of anyone else, including the holder of the www.audioculture.co.nz domain name and the developers of the software.

AudioCulture does not warrant that this website will be uninterrupted, timely, secure, error-free, or that any information or content provided on this website is accurate, reliable, complete, current or will meet your requirements.

Links and references to external websites are provided to you as a convenience only and AudioCulture does not take any responsibility for any other websites.

Privacy

1. Privacy Statement

1.1 Your privacy

AudioCulture is committed to ensuring the privacy of your information, and will hold all personal information collected in association with AudioCulture and this website in accordance with the requirements of the Privacy Act 1993.

1.2 Information

This Privacy Policy applies to:

1. personal information submitted by you on this website; and
2. any information automatically retrieved during visits to this website.

1.3 Your consent

By using this website, you consent to the collection, storage and processing of your information in accordance with this Privacy Policy.

1.4 Changes to Privacy Policy

We may modify, alter or otherwise update this Privacy Policy  from time to time, without notice to you. Such amendments will be effective on posting on this website. You agree to check this Privacy Policy and to be bound by the Privacy Policy that is in effect at the time you access this website.

1.5 Terms and Conditions

As well as this Privacy Policy, the Terms & Conditions for this website also govern your use of this website. You should ensure you read the Terms & Conditions in conjunction with this Privacy Policy. By using the site, you are deemed to have read and agreed to be bound by the Terms & Conditions as well as this Privacy Policy.

2. What this Privacy Policy covers

2.1 This Privacy Policy covers the following

• Collection, use and disclosure of personal information;
• Access to, editing and deleting personal information;
• Storage and processing of personal information;
• Cookies and automatically retrieved information;
• Profile Security; and
• Links to external websites.

3. Collection, use and disclosure of personal information

3.1 Visitors

You may browse and access information contained on this website without providing personally identifiable information. However, some information is automatically retrieved while you visit this website. See clause 6 (Cookies) below for further information.

3.2 Personal information

To comment on AudioCulture, you will need to submit personal information such as your name, and email address. You may be asked to submit further information via this website from time to time.

3.3 Use of information

Your personal information will only be used by us to:

1. allow you to post comments on the website;
2. communicate with you in relation to this website; and
3. keep you informed of and promote current or planned updates to the website
4. monitor and enforce compliance with the Terms & Conditions.

3.4 Disclosure of information

Unless you have authorised us to do so, AudioCulture will not disclose your personal information to any third party except:

1. to relevant authorities, parties and/or applicable intellectual property rights holders (or their representatives) if we consider that you are in breach of the Terms & Conditions; or
2. where required by law.

4. Accessing your personal information

4.1 Access

You may ask to see the personal information that AudioCulture holds about you at any time by contacting us.

4.2 Editing and deleting

You may also ask AudioCulture to correct, alter or delete any personal information that we hold about you by contacting us. If you have any other concerns regarding your privacy, please contact us.

4.3 Privacy Commissioner

If you are not satisfied with AudioCulture’s response to your privacy-related concern, you can contact the Privacy Commissioner: www.privacy.org.nz.

5. Storage and processing of personal information

5.1 Storage and processing

AudioCulture will store and process your personal information in New Zealand.

5.2 Retention

AudioCulture will hold your personal information on the website only for as long as we are lawfully entitled to do so.

6. Cookies and automatically retrieved information

6.1 Cookies

When you enter this website your computer will automatically be issued with a cookie. These are text files that identify your computer to our server, so that when you visit the website again, the cookie will identify your computer to AudioCulture’s web server. This allows us to improve the speed and reliability of this website and provide you with a better service. Cookies in themselves do not identify individual users and are not used to collect or store personal information about you. Visitors have the ability to set their computers to notify them when a cookie is issued, or to reject any cookies.

6.2 Automatically retrieved information

Some information may be automatically retrieved while you access and browse this website including:

1. the features that you use, the URLs of the pages that you visit and the actions that you take on this website;
2. your IP address (i.e. the location of your computer on the internet);
3. the operating system, browser and search engine (if any) that your computer uses;
4. the date and time you are visiting; and
5. your age, gender and interests (via Google Analytics Demographics and Interest Reporting.

6.3 Purposes

The information automatically retrieved is used in statistical and aggregate formats to assess the effectiveness of and improve this website and to determine our visitors' preferences and interests.

7. Security

To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of any information supplied by you, AudioCulture has put in place physical, electronic and managerial processes to protect your information. Additionally, all user information stored on this website is protected from unauthorised access through the use of secure log in information and other security procedures.

8. Links to external websites

This website contains links to external websites. AudioCulture is not responsible for the privacy policies of any such external websites. This Privacy Policy applies solely to information collected by AudioCulture.

9. General

9.1 Waiver

If AudioCulture waives any rights available to it under this Privacy Policy on one occasion, this does not mean that those rights will automatically be waived on other occasions.

9.2 Severability

If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any other reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force.

9.3 Queries

If you have any queries in regard to this Privacy Policy please contact us.

Creative Commons

Some of the content on AudioCulture is licensed under the “Attribution Non-Commercial” Creative Commons licence.

Creative Commons Attribution Noncommercial 3.0 New Zealand Licence

AudioCulture content covered by this licence includes written content in Profiles, Stories, Labels and Scenes.

This licence lets others remix, tweak, and build upon our work non-commercially, and although their new works must also acknowledge AudioCulture and be non-commercial, they don't have to license their derivative works on the same terms.

Images, audio and video are NOT included in this licence and are NOT available for distribution.

Find out more about Creative Commons.