Kete Digital New Zealand : About

By accessing, adding, or uploading content (“the Content”) to the Digital New Zealand Kete (“the Kete”) you agree to the following legally binding terms and conditions.

The National Library may change these terms of use at any time by posting changes online.  You are responsible for reviewing the amended terms of use, and your continued use of the Kete constitutes your agreement to the amended terms of use.

Participation in Digital New Zealand

By adding content ("the Content") to the Digital New Zealand Kete ("the Kete") you agree to participate in Digital New Zealand (a collaborative initiative led by the National Library of New Zealand), including:

• Extending to the National LIbrary a non-exclusive, royalty-free license to harvest, copy and store all or part of the metadata and thumbnail images ("Metadata content") you put into the Kete, to allow free access to the Metadata Content via the internet; and to allow the National Library to make the Metadata Content available for international discovery purposes; and
  
• Allowing the National Library to establish and maintain RSS or similar data feed services for the Metadata Content so it can be discovered through other websites and online services; and
• Allowing the National Library to produce, cache and make available thumbnails where thumbnails do not already exist for the Metadata Content. These thumbnails will form part of the "Metadata Content"; and
• Allowing API access to the Metadata Content harvested or produced by the National Library so that the Metadata Content can be queried, discovered, and connected with other data sources (including in third party applications).

Each registered user of the Kete has the following responsibilities:

• You must keep your user ID, password  secure.  Do not disclose your password  to anyone else.
• If you think someone knows your user ID, password, you must immediately:
• change your password, or
• cancel your online account for the Kete or
• call us.

You must keep your registration details up-to-date.

Use of the Kete

You agree that, in using the Kete, you will not:

• email, transmit or otherwise disseminate any content (including, text, image, video or audio files) which infringes intellectual property rights or is defamatory, obscene, or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal
• transmit using the Kete personal information regarding another Registered User or other person including, without limitation, their email address or other contact details that would enable another Registered User or other person to identify or contact them without their express consent;
• use the Kete in any way that may lead to the encouragement, procurement or carrying out of any criminal or other unlawful activity;
• use the Kete for any purpose other than  non-commercial use.
•  use the Kete to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent your affiliation with a person or entity;
• cause any part of the Kete to be interrupted, damaged or otherwise impaired;

We reserve the right to suspend, restrict or terminate your access to the Kete at any time at our discretion where we believe that you may be in breach of these Terms of Use or where required to do so by law or regulatory body or our licensors.

Copyright

You may only submit to the Kete:

(a)    Content in which you hold the rights to copy, publish and make available electronically; or

(b)    Content that to the best of your knowledge, following due and proper enquiry, is no longer protected by copyright, i.e. copyright has expired in the Content.

By submitting any Content to the Kete you represent and warrant that:

• you own the relevant copyright in the Content and have the right to use any trade marks incorporated in it;
• the uploading, downloading, copying and use of the Content will not infringe the intellectual property rights of any third party;
• you have fully complied with any third-party licenses relating to the Content;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; and
• the Content is not obscene or defamatory and does not violate the privacy of any third party;

You agree to indemnify the National Library from all or any liability, loss, damages, costs or expenses arising directly or indirectly from legal proceedings, or the threat of legal proceedings, claiming that Content, the uploading of Content to the Kete or the presence of Content on the Kete infringes the intellectual property rights of third parties.

You will provide details of your Content, its copyright and ownership status.

Privacy

We will safeguard your personal information (information that identifies you as a natural person) and respect your rights under the Privacy Act 1993.

If you send us personal information we will only use this personal information for the purpose for which it was provided or for a purpose required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.

We will keep any personal information you provide to us secure and will not disclose it to any other parties without your prior consent or as required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.

To access or correct any of your personal information that we hold, or if you have any concerns about personal information that we hold, please contact us.  You can email us with your privacy questions.  privacy@natlib.govt.nz

Security and damage

You are responsible for any damage you cause to the Kete or to any of the National Library’s websites, electronic facilities or data.

We provide security to protect the Kete and online services.  You are responsible for ensuring that your own computer is secure, including taking all reasonable steps to:

• prevent someone misusing or getting unauthorised access to your computer system or to the Kete or our online services, and
• ensure your computer system and data are free of computer viruses and all other forms of corruption.

The National Library makes no warranty, express or implied, nor assumes any legal liability or responsibility:

• that the Kete or the National Library’s server are free of computer viruses or any other harmful components, defects or errors
• that any defects in the Kete will be corrected
• that your access to the Kete will be reliable, uninterrupted or error-free (including access to any linked applications)
• for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures, or
• for any theft, destruction, damage or unauthorised access to your computer system or network.

Users of the Kete assume all risks associated with any transfer of data or information to the National Library, and with any other use of the Kete.  We are not liable for any damage arising from interception, loss, theft, other action or difficulty in transmitting information to us.

You agree that the National Library shall not under any circumstances be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages whatsoever resulting from or arising in relation to the Content, the Kete or the online services of the National Library or the use of them.

Cookies are small files that are sent by a website and stored on your computer's hard-drive. This application uses cookies to store session management information, or to remember if you have previously completed a customer survey (or declined to do so) so that we do not keep asking you. Cookies do not contain personal data and expire upon termination of the session or after a set period of time (usually 20 minutes).

The National Library may, at its discretion, suspend or restrict your access to the Kete or any part of it for any reason, including a breach of these terms of use.

The National Library may suspend, terminate or filter access to the whole or any part of the Content if it reasonably considers such Content is or may be:

• an infringement of someone’s intellectual property rights; or
• obscene or indecent; or
• defamatory of any person.

Governing law

The Kete and these terms and conditions are governed by the laws of New Zealand and the courts of New Zealand have non-exclusive jurisdiction in relation to them.

These terms and conditions are without prejudice to the powers, rights and duties of Digital New Zealand under the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003.