NZME Website Terms and Conditions
The terms and conditions set out below ("Terms and Conditions") govern your use of the NZME Network. By using the NZME Network, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the NZME Network and you must refrain from using it.
If you have any complaints or questions regarding the NZME Network or the Terms and Conditions then you can contact us through www.nzme.co.nz.
If you are an advertiser on the NZME Network, these Terms and Conditions apply to you in addition to the NZME Advertising Terms and Conditions. A copy of the NZME Advertising Terms and Conditions is available on www.nzme.co.nz. To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of the NZME Network.
NZME reserves the right to make changes to these Terms and Conditions which will be effective once they are published on this site. You should revisit this area of the NZME Network regularly to check the Terms and Conditions.
Use of the NZME Network by you:
You must not:
- use the NZME Network directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the NZME Network or which is false, misleading or deceptive in any way;
- submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
- use the NZME Network directly or indirectly, or use any service provided on the NZME Network, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
- attempt to gain unauthorised access to the NZME Network or use another person's name, registration account or password;
- impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on the NZME Network or falsely state or otherwise misrepresent your affiliation with a person or entity;
- knowingly provide registration information that is not truthful;
- tamper with, hinder the operation of or make unauthorised modifications to the NZME Network;
- knowingly transmit any virus or other disabling feature to the NZME Network;
- collect information about others, including email addresses, without their consent; or
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the NZME Network.
Disclaimer and Limitation of liability
NZME does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to the NZME Network or any events, information, products or services ("Products") offered for sale or otherwise identified or provided by them. The availability of Material through the NZME Network does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by NZME of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through the NZME Network or referred to or advertised on the NZME Network must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. NZME recommends that you independently verify the accuracy, currency or reliability of any Material made available via the NZME Network and upon which you intend to rely.
The NZME Network and Material available on it are provided on an "as is" basis. You understand that by using this NZME Network, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.
NZME makes no warranty that the NZME Network will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:
- your use of the NZME Network (and its Material);
Accuracy of Registration Information
Username and Password
Placement and Removal of Material on the NZME Network
b. to establish general practices and limits concerning the uploading of Material to the NZME Network or the level and amount of your use of the NZME Network and that these practices and limits may be modified from time to time;
c. to monitor use of the NZME Network by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.
You agree that NZME has no responsibility or liability for the deletion or failure to store any Material submitted by you to the NZME Network.
By providing Material to NZME for posting or publishing on the NZME Network, you:
b. authorise NZME to edit, modify, amend or adapt or otherwise change your Material;
c. grant NZME a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or NZME receive payment for doing this;
d. waive all moral rights in your Material and consent to NZME doing anything which NZME (or anyone permitted by NZME) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes NZME using your Material without attributing you as the source of your Material;
e. warrant that you are the sole author or owner of the Material;
f. warrant that you have the right to grant the abovementioned licence;
g. agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such Material; and
h. agree to indemnify NZME and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by NZME of your Material.
You are provided access to the NZME Network only for your personal use. Subject to applicable laws:
- unauthorised use of the Material is strictly prohibited and may infringe NZME's or its licensors IP Rights in the Material; and
Without limiting the above, and subject to applicable law, you may not without prior written permission from NZME:
- misleads any person regarding any association with the NZME Network or any association with NZME (whether implicitly or expressly).
The trade marks used on the NZME Network are NZME's trade marks or the trade marks of a third party. Nothing on the NZME Network should be construed as granting any licence to use any trade mark without the permission of the owner.
You must not use any of NZME's trade marks:
The compatibility of this NZME Network is not guaranteed for all software or hardware of users.
If you make contact with a person through the NZME Network and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the NZME Network without the prior consent of that person.
Upon termination of your membership you will be restricted from accessing any member restricted area of the NZME Network, submitting any Material to the NZME Network and any Material submitted by you to the NZME Network or other information held by NZME in relation to your use of the NZME Network may be deleted and is not returnable to you.
Benefit of Terms and Conditions
NZME Network means all of the New Zealand websites, mobile sites and Apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.
Us, we, our or NZME means NZME. Publishing Limited, NZME. Radio Limited and/or their related companies or joint ventures.
Updated May 2015