Developer API Terms of Use


These are the Terms of Use that developers agree to when they use the DigitalNZ API.
As of June 2013* there are two versions of the terms:

Contact us if you would like to discuss any aspect of these terms.

Metadata with existing open licences:

DigitalNZ API terms (Non Commercial Use Metadata)

These terms specify how developers can use DigitalNZ metadata for non-commercial use. If you wish to use metadata for commercial endeavours please view the Terms for Commercial Use Metadata.

Please be aware that the DigitalNZ API Terms of Use extend only to metadata as specified in the respective Definitions section. The rights do not extend to use of digital objects or large thumbnails (as accessible through the large_thumbnail_url field). If you wish to use any object or large thumbnail, that is not openly licensed, then we encourage you to contact the appropriate content owners for their permission.

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

DigitalNZ API means the DigitalNZ Application Programming Interface;

"metadata" means any information (text, images or otherwise, including small thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items; for the purposes of these API terms, metadata also includes statistical information available through search queries using the DigitalNZ API; and

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA.

Agreement to terms

2. The DigitalNZ API enables people and organisations with API keys to retrieve DigitalNZ metadata. Persons and organisations wishing to use the DigitalNZ API are required to agree to these API terms prior to obtaining an API key. The terms constitute a binding agreement with DIA that governs your use of the DigitalNZ API.

Authority

3. If you are applying for an API key on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation.

Access and use rights

4. Upon your receipt of an API key, you may:

(a) access the DigitalNZ API; and

(b) copy, use and distribute metadata available through the DigitalNZ API for the purposes of your own websites and applications (whether desktop or mobile in nature), for non-commercial purposes, provided you comply with all requirements set out in these API terms. If you do not comply with these requirements, your limited licence under this clause will automatically terminate. Without limitation, your attention is drawn to clauses 8-10 (Live access and caching), 11 (Attribution), 12-13 (API calls) and 17 (Prohibited use).

Use and protection of API key

5. Your API key is personal to you and cannot be used by or transferred to any other person without DIA’s written permission.

6. You must keep your API key secure and confidential. If you believe that the security and confidentiality of your API key has been compromised, you must notify us as soon as possible at info@digitalnz.org

Password restricted site access

7. If you are displaying DigitalNZ metadata retrieved via the DigitalNZ API on or through a website or application that requires registration you must, on request by DIA or any metadata contributor, provide a logon to the website or application to DIA or the metadata contributor, without charge.

Live access and caching

8. Subject to clause 9 below, when you wish to serve DigitalNZ metadata to or through websites or applications, you are required to make real-time calls directly to the DigitalNZ API on each occasion and to display the retrieved data on or through those websites or applications as soon as possible upon your system’s receipt of the retrieved data. (The reason for this requirement is that DigitalNZ metadata is updated regularly.)

9. The only exception to the requirement in clause 8 above is where you wish to enable offline functionality for your website or application, or where making real-time calls would negatively affect the performance of your service, in which case you may cache DigitalNZ metadata retrieved via the DigitalNZ API for up to 30 days.

10. If metadata is removed from DigitalNZ or is no longer able to be viewed by the general public, you must ensure it is removed from your website or application as soon as possible.

11. If you display metadata retrieved via the DigitalNZ Non-Commercial Use API on or through another website or application:

(a) you must, for each content item to which the metadata relates:

(i) identify the online source (i.e., the third party source of the content item, not DigitalNZ); and
(ii) provide a hyperlink to the page on the online source’s website containing the content item (Please use source_url (JSON) or source-url (XML). Refer to the API documentation for details); and

(b) we would be grateful if you would, but you do not have to, state that your website or application uses data sourced from DigitalNZ and include a link to http://www.digitalnz.org (you are welcome to use these logos: black and white; colour).

API calls

12. You must not make more than 10,000 API calls per day, per API key issued to you, without written approval from DIA. Please contact DigitalNZ to discuss higher rate limits.

13. DIA reserves the right to increase or decrease this API call limit at its sole discretion.

Disclaimers

14. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with your use of the DigitalNZ API or the metadata accessible via the DigitalNZ API.

15. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

16. DIA will not be responsible for any disruption to DigitalNZ, the DigitalNZ API or for loss or corruption of any information whilst in transit or when downloaded onto any website or application from DigitalNZ or the DigitalNZ API.

Prohibited use

17. You must not use or attempt to use the DigitalNZ API or any DigitalNZ metadata or other content:

(a) in connection with or to promote any products, services or materials that are:

(i) viruses, spyware, malware or other malicious code;

(ii) tobacco, tobacco products or gambling; or

(iii) counterfeit goods;

(b) in any manner that is, or that promotes conduct that is, illegal or otherwise obscene, indecent, pornographic or objectionable; or

(c) in any manner that infringes the rights of any other person.

Indemnity

18. You agree to indemnify and hold DIA harmless for any loss, liability, claim, demand, damage or expense (including reasonable legal fees and costs) arising from your breach of these terms of use.

Reserved rights

19. DIA reserves the right:

(a) not to grant an API key to any person at its complete discretion;

(b) to release new versions of the DigitalNZ API from time to time and require you to use the most recent version;

(c) to withdraw or terminate any API key where it believes that a user of that API key is:

(i) acting contrary to these terms of use; or

(ii) providing a website or application that is enabling others to act in a manner that is either contrary to these terms of use or is bringing or could bring DigitalNZ, the National Library, DIA or any contributor of metadata to DigitalNZ into disrepute; and

(d) to otherwise terminate your access to, or discontinue, the DigitalNZ API at any time, for any reason and at its sole discretion.

Revisions

20. We may revise these terms of use at any time. Any such revisions will take effect once notified through a post on the site detailing the respect(s) in which the terms have changed.

Governing law

21. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

Developer API Terms of Use (Commercial Use Metadata)

These Developer API Terms of Use (Commercial Use Metadata) became active on 4 June 2014.
They supplement the Developer API Terms of Use (Non-Commercial Use) in that they allow commercial use of selected metadata available through the DigitalNZ API and, once the technology is available, bulk download of the dataset that is accessible through the DigitalNZ API.

Please be aware the DigitalNZ API Terms of Use extend only to metadata as specified in the respective Definitions section. The rights do not extend to use of digital objects or large thumbnails (as accessible through the large_thumbnail_url field). If you wish to use any object or large thumbnail, that is not openly licensed, then we encourage you to contact the appropriate content owners for their permission.

If you are intending to use the Commercial Use metadata do get in touch so that we can increase your call limit. Also, you need to be aware that only a selection of DigitalNZ metadata is available for commercial use. Do read the API Documentation to ensure you are accessing the correctly licensed metadata in the appropriate way.

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

“DigitalNZ Commercial Use API” means the DigitalNZ Application Programming Interface through which metadata is available for both non-commercial and commercial use;

"metadata" means any information (text, images or otherwise, including small thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items; for the purposes of these API terms, metadata also includes statistical information available through search queries using the DigitalNZ Commercial Use API; and

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA.

Agreement to terms

2. The DigitalNZ Commercial Use API enables people and organisations with API keys to retrieve DigitalNZ metadata. Persons and organisations wishing to use the DigitalNZ Commercial Use API are required to agree to these API terms prior to obtaining an API key. The terms constitute a binding agreement with DIA that governs your use of the DigitalNZ Commercial Use API.

Authority 

3. If you are applying for an API key on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation.

Access and use rights 

4. Upon your receipt of an API key, you may:

(a) access the DigitalNZ Commercial Use API; and

(b) copy, use and distribute metadata available through the DigitalNZ Commercial Use API for the purposes of your own websites and applications (whether desktop or mobile in nature), for both non-commercial and commercial purposes, provided you comply with all requirements set out in these API terms. If you do not comply with these requirements, your limited licence under this clause will automatically terminate. Your limited licence under this clause will also terminate if you abandon your API key or fail to maintain an email address through which we can contact you if required. Without limitation, your attention is drawn to clauses 8-10 (Live access and caching), 11 (Attribution), 12-13 (API calls) and 17 (Prohibited use).

Use and protection of API key 

5. Your API key is personal to you and cannot be used by or transferred to any other person without DIA’s written permission.

6. You must keep your API key secure and confidential. If you believe that the security and confidentiality of your API key has been compromised, you must notify us as soon as possible at info@digitalnz.org

Password restricted site access 

7. If you are displaying DigitalNZ metadata retrieved via the DigitalNZ Commercial Use API on or through a website or application that requires registration you must, on request by DIA, provide a logon to the website or application to DIA, without charge. If this poses a problem for you, please contact us. 

Access, storage and removal

8. Subject to clause 9 below, when you wish to serve DigitalNZ metadata to or through websites or applications, our preference is that you make real-time calls directly to the DigitalNZ Commercial Use API on each occasion and display the retrieved data on or through those websites or applications as soon as possible upon your system’s receipt of the retrieved data. (The reason for this requirement is that DigitalNZ metadata is updated regularly.)

9. If, however, you wish to enable offline functionality for your websites or applications, or the making of real-time calls would negatively affect the performance of your service or is otherwise undesirable, you may cache, download or otherwise store DigitalNZ metadata retrieved via the DigitalNZ Commercial Use API for use and distribution within your websites or applications.

10. If metadata is removed from DigitalNZ or is no longer able to be viewed by the general public, you must ensure it is removed from your website or application as soon as is reasonably practicable upon your becoming aware of its removal or no longer being publicly viewable.

Attribution 

11. If you display metadata retrieved via the DigitalNZ Commercial Use API on or through another website or application:

(a) you must, for each content item to which the metadata relates:

(i) identify the online source (i.e., the third party source of the content item, not DigitalNZ); and
(ii) provide a hyperlink to the page on the online source’s website containing the content item (using source_url (JSON) or source-url (XML). Refer to the API documentation for details) ; and

(b) we would be grateful if you would, but you do not have to, state that your website or application uses data sourced from DigitalNZ and include a link to http://www.digitalnz.org (you are welcome to use these logos: black and white; colour).

API calls 

12. You must not make more than 10,000 API calls per day, per API key issued to you, without written approval from DIA. Please contact DigitalNZ to discuss higher call limits.

13. DIA reserves the right to increase or decrease this API call limit at its sole discretion. 

Disclaimers 

14. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with your use of the DigitalNZ Commercial Use API or the metadata accessible via the DigitalNZ Commercial Use API.

15. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

16. DIA will not be responsible for any disruption to DigitalNZ, the DigitalNZ Commercial Use API or for loss or corruption of any information whilst in transit or when downloaded onto any website or application from DigitalNZ or the DigitalNZ Commercial Use API.

Prohibited use 

17. You must not use or attempt to use the DigitalNZ Commercial Use API or any DigitalNZ metadata or other content:

(a) in connection with or to promote any products, services or materials that are:
(i) viruses, spyware, malware or other malicious code;
(ii) tobacco, tobacco products or gambling; or
(iii) counterfeit goods;

(b) in any manner that is, or that promotes conduct that is, illegal or otherwise obscene, indecent, pornographic or objectionable; or

(c) in any manner that infringes the rights of any other person.

Indemnity 

18. You agree to indemnify and hold DIA harmless for any loss, liability, claim, demand, damage or expense (including reasonable legal fees and costs) arising from your breach of these terms of use.

Reserved rights

19. Without limitation to its other rights, DIA reserves the right:

(a) not to grant an API key to any person at its complete discretion;

(b) to release new versions of the DigitalNZ Commercial Use API from time to time and require you to use the most recent version; and

(c) to withdraw or terminate any API key where it believes that a user of that API key is:
(i) acting contrary to these terms of use; or
(ii) providing a website or application that is enabling others to act in a manner that is either contrary to these terms of use or is bringing or could bring DigitalNZ, the National Library, DIA or any contributor of metadata to DigitalNZ into disrepute.

Revisions

20. We may revise these terms of use at any time. Any such revisions will take effect once notified through a post on the site detailing the respect(s) in which the terms have changed. 

Governing law

21. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

*Register of updates to these terms.

These Developer API Terms first became active on 31 January 2012. They replace the previous Developer API terms of use.

On 10 June 2013 the title of the terms changed to Developer API Terms (Non-Commercial Use of Metadata) and we added the Developer API Terms (Commercial Use of Metadata). In this update we also included a minor update to the Indemnity (18) clause in response to feedback from developers.

On 11 June 2013 we updated the API call limit for both non-commercial and commercial use metadata to 10,000/day (up from 3000/day).

On 13 July 2015 we corrected an error in section 11 of the Commercial Use Terms. Section 11b should have been the same for both the Commercial Use and Non-commercial use terms.  We also added the detail of source_url / source-url for section 11(a)ii