Shared Repository Terms of Use
These are the Shared Repository Terms of Use that registered users of the shared repository agree to when they join DigitalNZ.
Shared Repository Terms of Use
These Terms of Use are an agreement between the Department of Internal Affairs and all registered users of the Shared Repository.
In depositing research outputs (‘Content’) in the shared repository (‘the Shared Repository’) hosted by Digital New Zealand (DigitalNZ) at the Department of Internal Affairs (‘the DIA’), you agree to the following legally binding terms and conditions.
The DIA may change these terms of use at any time by posting changes online. You will be notified by email should this occur.
Your rights and responsibilities
General
Each registered user of the Shared Repository 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 contact Digital New Zealand at the DIA.
Content
If you submit Content to the Shared Repository, you are entirely responsible for the content of, and any harm resulting from, the Content.
In depositing and/or publishing Content in the Shared Repository you agree that:
you have fully complied with any third-party licenses relating to the Content
you will not deposit any Content (including text, image, video, or audio files) which infringes intellectual property rights, including the rights of any third party
you will provide details of the Content, its copyright and ownership status
you will not deposit any Content that is obscene or indecent; or is defamatory of any person
you will not deposit any Content that 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
you will not deposit any Content that is illegal
you will not deposit any Content that contains or installs any viruses or other harmful or destructive content
you will not deposit any Content that violates the privacy of any third party
you own the relevant copyright in the Content, or have sought and obtained permission to deposit it in the Shared Repository and make it available to others under designated access conditions; and have the right to use any trade marks incorporated in it
the uploading, downloading, copying, and use of the Content under designated access conditions will not infringe the intellectual property rights of any third party.
Repository use
You agree that you:
will not use the Shared Repository in any way that may lead to the encouragement, procurement or carrying out of any criminal or other unlawful activity
will not use the Shared Repository to impersonate any person or entity nor falsely state or otherwise misrepresent your affiliation with a person or entity
will not cause any part of the Shared Repository to be interrupted, damaged or otherwise impaired.
Security and damage
You are responsible for any damage you cause to the Shared Repository or to any of the DIA’s websites, electronic facilities or data.
You are also responsible for ensuring that any computer you use (‘your computer’) is secure, including taking all reasonable steps to:
prevent someone misusing or getting unauthorised access to your computer system or to the Shared Repository or our online services, and
ensure your computer system and data are free of computer viruses and all other forms of corruption.
Indemnity
You agree to indemnify the DIA 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 Shared Repository or the presence of Content in the Shared Repository infringes the intellectual property rights of third parties.
You agree that the DIA 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 Shared Repository or the online services of the DIA or the use of them.
DIA rights and responsibilities
Suspension of access
The DIA may, at its discretion, suspend or restrict your access to the Shared Repository or any part of it for any reason, including a breach of these terms of use. You will be notified by email should this occur.
The DIA also reserves the right to suspend, terminate, or filter access to the whole or any part of the Content if it reasonably considers such Content to be a breach of these terms of use.
Copyright
Responsibility for ensuring that the copyrights of others, including publishers and individuals, are not infringed rests with the person or institution making the deposit.
Privacy
We will safeguard your personal information and respect your rights under the Privacy Act 1993.
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 at info@digitalnz.org.
Security and damage
We provide security to protect the Shared Repository and online services.
Disclaimer
The DIA makes no warranty, express or implied, nor assumes any legal liability or responsibility:
that the Shared Repository or the DIA’s server are free of computer viruses or any other harmful components, defects or errors
that any defects in the Shared Repository will be corrected
that your access to the Shared Repository will be reliable, uninterrupted or error-free
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 Shared Repository assume all risks associated with any transfer of data or information to the DIA, and with any other use of the Shared Repository.
Cost of service
The Shared Repository is available at no cost to you or your institution. The DIA has no plans to recover costs for this service but reserves the right to introduce costing models at a later date should ongoing funding for the service be required.
You will be notified by email if a costing model is being considered and may choose to discontinue your use of the Shared Repository.
Public access to Content
Public access to Content deposited in the Shared Repository is enabled through DigitalNZ (a programme of work led by the DIA) by default.
You agree to:
Extend to the DIA a non-exclusive, royalty-free license to harvest, copy and store all or part of the metadata (‘the Metadata’) for the Content you put into the Shared Repository, to allow free access to the Metadata via the internet; and to allow the DIA to make the Metadata available for international discovery purposes; and
Allow the DIA to establish and maintain RSS or similar data feed services containing the Metadata, so it can be discovered through other websites and online services; and
Allow API access to the Metadata harvested or produced by the DIA so that the Metadata can be queried, discovered, and connected with other data sources (including in third party applications)
Extend to the DIA a non-exclusive, royalty-free license to allow free access, viewing and download of the Open Access Content files you put into the Shared Repository, via the internet
Extend to the DIA a non-exclusive, royalty-free license to allow password-protected access, viewing and download of the Restricted Access and Closed Access Content files you put into the Shared Repository, by users you nominate.
Governing law
The Shared Repository 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 DigitalNZ under the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003.