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Standard Terms of Use
This Website contains intellectual property copyright Materials belonging to the Trustees of the Dunedin Gasworks Museum and to third party Authors (from whom the Trustees have made all reasonable efforts to obtain full consent to publish their works and materials on the Dunedin Gasworks Museum website).
All Materials on this Website are protected by internationally recognised laws of copyright and intellectual property. Your right to use this Website is subject to your compliance with these Standard Terms of Use, which, by using this Website, you accept and agree. We grant you the licenses set out in these Standard Terms of Use in consideration of your acceptance of them.
The Trustees of the Dunedin Gasworks Museum have made all reasonable efforts to ensure that the information published on its website is as accurate and up-to-date as possible. The information is provided in good faith with no guarantee as to the accuracy or currency of any information. If you believe any of the information held on our website is incorrect please contact the web manager.
Unless it is expressly stated otherwise elsewhere on this Website these Standard Terms of Use are uniformly applicable, and in the event of any ambiguity with other terms and conditions on this Website these Standard Terms of Use shall govern.
1. Definitions
In these Terms of Use:
“Approved Purposes” means private or non-commercial uses for education, academic study, scholarship or research by individuals or charities, societies, institutions or trusts existing exclusively for public benefit (but no other purposes);
"Author" means, in the case of Materials the individual, individuals, entity or entities who created, performed, produced or broadcast the same or if no individual or entity can be identified, the publisher;
"Materials" means, to the extent it is protected copyright work, all or any literary and/or scientific information, compilation of data, photography, illustration, map, plan, sketch, artwork, text video, audio, animation, hologram or other three dimensional work, musical composition performance, broadcast, film, film clip or sequence or picture files in digital any other mode or format contained and comprised in the Website, excluding Marks;
“Marks” means the trade or service marks, logos or brands for the time being and from time to time properly used or adopted by and belonging to us or a third party;
"We" “our” “us” means The Trustees of the Dunedin Gasworks Museum;
“Website” means our website at www.gasworksmuseum.org.nz/;
"You" “your” means any individual or entity exercising rights under the licenses set out here who has not previously violated these Terms of this Use with respect to Materials, or who has received express permission from us to exercise rights under these Terms of Use despite a previous violation;
1.2. References to the Materials shall mean the whole or any part thereof.
1.3. The term "trademarks” shall where the context admits be deemed to include all logos and service marks.
1.4 “Use” and “using” Materials shall be deemed to mean one-time use for storage, alteration by cropping (but not otherwise), reproduction (of not greater than A5 image size), translation, transmission (other than electronically), distribution, publication and printing (in a book, article, thesis or booklet, provided that the publication is non-commercial in purpose, of an educational, scholarly or academic nature and in a print run not exceeding 4000 copies);
2. Your use of the Website
2.1 You are permitted to use Materials for Approved Purposes only.
2.2 In using the Materials you warrant to us that you will not interfere with any copyright notice originally attached to the Materials. Nor will you infringe our intellectual property rights or breach the intellectual property rights of Authors or any third party of whom you are given notice on the Website. You must keep intact all copyright notices for the Materials and provide, reasonable to the medium or means you are utilizing: (i) the name of the Author (or pseudonym, if applicable) if supplied; and (ii) the title of the Materials if supplied. You must use any acknowledgement required by this Section for the purpose of attribution in the manner set out above and in using the Materials you must not distort, mutilate, modify or take other derogatory action prejudicial to Author's reputation in relation thereto.
2.3 To request our written permission to use Materials for any purpose not authorised by us under clause 2.1 above you should in the first instance contact our Website Manager. Please note that we are not obliged to give you any such permission.
3. Marks
Our Marks or those of any third party displayed on our Website are our (or their) registered and unregistered trademarks. Nothing contained in the Website shall be taken construed as granting any licence or right to use trademarks displayed on our Website without our prior written permission or that of any third party owner. Your misuse of the trademarks on our Website is strictly prohibited.
4. Disclaimer
4.1. We have taken every effort and care in preparing Materials, however we disclaim all warranties, express or implied, as to the accuracy thereof, and Materials shall at all times constitute work in progress which we may change without notice. We shall not be liable for any loss or damage arising from your use of or reliance on Materials.
4.2. Links within our Website may lead to other websites. They are provided for convenience only. We do not sponsor, nor necessarily endorse or otherwise approve of any information or statements appearing in those websites (or websites referred to or linked to those websites).
4.3 Every reasonable effort has been made to seek appropriate permission from people identifiable in photographs used throughout the site.
5. Privacy
5.1 We are committed to protecting the privacy and the confidentiality of the personal information of visitors to our Website. We undertake to ensure that all personal information in our possession is processed in accordance with the principles of the Privacy Act 1993 .
5.2 We collect personal information (such as your name, contact details, credit card information) that you supply to us. Your information is collected when you request information from us, contact us, make a booking with us, purchase items from us, including Membership, or make a donation to us. We will update your information whenever we get the opportunity to keep it current, accurate and complete.
5.3 Any information you provide when registering with us, buying Membership and other products will be used for the Trustees of the Dunedin Gasworks Museum purposes only. From time to time we may send you information from other organisations which we think may be of interest to you.
5.4 You have the right to ask in writing for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information.
6. Use of 'cookies'
6.1 When you visit our Website, we automatically send your computer a tiny text file called a ‘cookie’. By telling us who you are, it allows us to make your experience on our Website a more personalised one, and gives us information as to how to make our Website more useful to you. It also saves you from having to register and log in each time you use our Website. As our Website evolves, we will be able to provide you with additional levels of service based on our ability to recognise you via your cookie.
6.2 Our use of the cookie is limited to your activities within our Website and does not have any other effect on your computer or your other activities on the internet. We do not disclose information stored in your cookie to third parties.
7. Termination
7.1 The license and the rights granted hereunder will terminate automatically upon any breach by you of these Terms of Use.
8. Consequential loss
Except to the extent required by applicable law, in no circumstances will we be liable to you in law for any special, incidental, consequential, punitive or exemplary damages arising from your use of Materials or these Terms of Use, even if we have been advised of the possibility of such damages.
9. Entire agreement
These Terms of Use constitute the entire agreement between the parties with respect to the Materials. Unless otherwise expressly stated by us in writing to be additional hereto, there are no understandings, agreements or representations with respect to the Materials not specified here. We shall not be bound by any additional provisions that may appear in any communication from you. These Terms of Use may not be modified without the mutual written agreement of ourselves and you.
10. Applicable law
You agree that the terms and conditions of your use of our Website shall be governed by, and construed in accordance with, New Zealand law and you agree that the courts of New Zealand shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with these terms and conditions and conditions and your use of this Website.
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