Terms of Use

Terms of Use

This site is an Australian Government initiative managed by the Office of the Pacific in Australia’s Department of Foreign Affairs and Trade. It has been implemented and is being operated by Te Puna Mātauranga o Aotearoa, the National Library of New Zealand, in collaboration with the National Library of Australia. The National Library of New Zealand is part of the Department of Internal Affairs, a department of the New Zealand Government ( we, our, us ). When we use the terms you and your , we are referring to any person or organisation that uses this website, including any associated service it provides.

By using this website you agree to be legally bound by these terms of use which take effect immediately on your first use of the website. If you do not agree to be legally bound by these terms, please do not access or use this website.

If you are using this website on behalf of a department or departmental agency of the New Zealand Government, these terms have effect as a memorandum of understanding that does not give rise to legally enforceable obligations (the reason being that departments, departmental agencies, and their divisions and branches, are constituent parts of a single and indivisible legal entity, the Crown). You acknowledge, however, that if this clause applies, you have agreed on behalf of your department or departmental agency to abide by and follow these terms.

We may change this website, the online services provided through it (the Services ) or the terms of use at any time. Changes to these terms of use will be posted online. You are responsible for reviewing the amended terms of use, and your continued use of this website constitutes your agreement to the amended terms of use.

Acceptable use

You agree not to use search and any other services, the digitalpasifik.org content, or our or Australian Government emblems or trade marks in any way that is unlawful, or harms us or the Australian Government, our service providers, our suppliers, your end users, or any other person.

We may unilaterally suspend or require you to suspend your use of search widgets and other tools, the digitalpasifik.org API (if any), the digitalpasifik.org content and/or our or Australian Government emblems or trade marks if and when we determine that your use breaches these terms of use or is otherwise unacceptable.

Content disclaimer

This website contains content that was not produced by us or the Australian Government. Neither we nor the Australian Government:

• is responsible for such third-party content,

• necessarily endorses the views expressed in it, or

• accepts any liability or responsibility for the manner in which the information on this website is interpreted or used, or the results of such use.

External links from this website

This website may include links to the websites of other people and organisations. Neither we nor the Australian Government is responsible for the content of external internet sites and does not necessarily endorse the views expressed within them. Contact the external site owner for answers to questions regarding their content.

Security

You are responsible for any damage you cause to this website or to any of our other electronic facilities or data.

We secure this website and our other online services through a range of means.

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 this website or our online services, and

• ensure your computer system and data are free of computer viruses and all other forms of corruption.

Liability

We endeavour to take care in our maintenance of digitialpasifik.org You agree, however, that we and the Australian Government will not be liable to you, on any legal basis (including negligence), for any loss or damage you suffer through your use of this site, its content or any website to which it is linked, except in those cases where the law does not allow us to exclude or limit our liability to you.

Without limiting clause 10.1, you acknowledge that we do not warrant or represent that this website and its associated services will operate without interruption or will be error-free.

General

New Zealand law governs all matters relating to these terms of use, including their interpretation and any disputes in relation to them or their formation.

You agree to submit to the non-exclusive jurisdiction of the New Zealand courts in relation to any dispute regarding these terms or their formation and you agree that the New Zealand courts are an appropriate forum for such disputes and that you will not seek to argue to the contrary.

Clauses 4.1, 6, 7, 8 and 10 are intended to benefit and to be enforceable by the Australian Government under the Contract and Commercial Law Act 2017.

We may assign, transfer or novate the agreement formed by these terms to another public sector agency or to another organisation (whether in New Zealand, Australia or elsewhere in the Pacific) if that other agency or organisation has taken over or will take over the operation of digitalpasifik.org You agree to execute any documentation required (including by online means) to evidence or complete any such assignment, transfer or novation.

Nothing in these terms limits the powers, rights and duties of the National Library of New Zealand or the National Library of Australia under their empowering legislation or other applicable law.

Copyright, privacy and accessibility

Ownership

Copyright material on this website is protected by copyright owned by the New Zealand Government or its third party licensors, such as our content partners. A substantial volume of the material has been provided by those content partners.

Re-using government-owned copyright material

Copyright in content on the about, updates, developer, and partner sections of this website is owned by the New Zealand Government. Except as stated below, that content is released for re-use under a Creative Commons Attribution 4.0 International licence. In essence, you are free to copy, distribute and adapt that content, as long as you attribute the work to the New Zealand Government and abide by the other licence terms. This licence does not apply to design elements or images on the site, which may not be copied and re-used without our separate express permission.

Re-using third party owned copyright material

If you want to copy (including download), adapt, publish or otherwise distribute any of third party copyright content on this website, you are responsible for determining and clearing copyright, obtaining permissions and meeting any other requirements. Please see the information about reusing items found on the digitalpasifik.org [add link once known[RB3] ]for assistance in the reuse of those third-party items.

Privacy

This statement explains how we handle the personal information we collect when you use this website, https://digitalpasifik.org. When we use the terms we, us or our, we are referring to the Department of Internal Affairs, a department of the New Zealand Government.

What we collect

You may browse this website without disclosing any personal information to us. When you register with the website in order to use certain digitalpasifik.org features or obtain an API key, we collect:

• your name

• your email address

• details that you may provide

You may also provide personal information to us when communicating with us through the website, either directly or for the purposes of contacting a content partner or curator to discuss something you have seen on the website.

Feedback

Feedback is important and is used to evaluate and improve the site. If you provide feedback by email, that feedback is sent to appropriate members of the digitalpasifik.org team. We may pass on relevant comments to other people within National Library New Zealand who administer or contribute content to the site. This could include your email address and other identifying information that you’ve provided.

Why we collect it

We collect the personal information described above to enable us to provide our digitalpasifik.org services to you, to communicate with you, and to help you contact a content partner or curator when you wish to discuss something you have seen on the website.

Who will hold it

We will hold your personal information. It will also be stored by Amazon Web Services in Sydney, Australia.

Choice

You have a choice as to whether to provide this information to us. You can choose not to if you wish. However, if you do not provide the information we ask for when you seek to register with the site or obtain an API key, we will not be able to register you or provide you with an API key.

Who will see it

Within our organisation, your information will be viewable by those staff who have a genuine need to access it in order to provide the relevant digitalpasifik.org services to you. It will not be viewable by anyone else.

If you use website functionality that enables you to contact a content provider or curator to discuss something you’ve seen on this website, your message content (including your name and email address) If you provide us with content via a submission form, that submission form will be sent to the digitalpasifik.org team. We may pass on relevant content from that submission form to other people within Te Puna Mātauranga o Aotearoa, the National Library of New Zealand, as well as other content providers or third parties who administer and are participating in the digitalpasifik.org pilot, for any consultation that the submission form relates to. This could include your email address and other identifying information.

We may also share your registration-related information with the Australian Government or another agency or organisation if the Australian Government or that other agency or organisation were to take over the day-to-day operation of the digitalpasifik.org.

Statistics

We collect non-identifying statistical information about visits to this website. Site statistics allow us to assess the number of visitors to different sections of the site, identify what information is of interest, monitor system performance and help us make the site more useful to visitors. We may share site statistics with our content partners, but these statistics will not be capable of identifying you.

These statistics may include:

• your IP address

• the search terms you used

• the pages you visited on our site and the links you clicked on

• the date and time you visited the site

• the referring site (if any) from which you clicked through to this site

• your operating system, for example Windows XP, Mac OS X

• the type of web browser you use, such as Internet Explorer, Chrome or Mozilla Firefox

• other things like your screen resolution and the language setting of your browser.

Use of statistical information

The statistical information referred to above can be viewed by site administrators and certain other National Library New Zealand [TK13] staff. It may also be shared with content providers to the digitalpasifik.org site, and relevant staff supporting the digitalpasifik.org pilot within the Australian government.

Cookies

Cookies are small text files that are placed in your browser by the websites you visit. They are widely used to help users navigate websites efficiently, to perform certain functions on the sites and/or to provide site owners with information about how their sites are used.

The digitialpasifik.org site may use persistent session cookies to store session management information, or to remember if you have previously completed any surveys or reviewed messages (or declined to do so) so that we do not keep asking you. Cookies do not contain personal information and expire upon termination of the session or after a set period of time (usually 20 minutes).

You can remove or block cookies (by using settings in your browser) but doing so may affect your ability to use elements of the site.

Access and correction

You have the right to access and to request correction of any of your personal information that we hold. To exercise this right, or to ask us anything else in relation to your privacy, please contact us:

The Privacy Officer Department of Internal Affairs PO Box 805 Wellington 6140 Privacy@dia.govt.nz

Accessibility

This is a site for everyone. We use alt text, accessible headings and have tested the colours on our site for accessibility. If you want accessibility support, have questions about accessibility, or have suggestions for how we could make our website more accessible, please contact us by completing the form here.

User Contribution Terms

These are the contributed content terms of use for the digitalpasifik.org website. These terms are between the Pacific Virtual Museum Pilot (National Library of New Zealand) (“we”, “us” or “our”) and users of the digitalpasifik.org website (“you”, “your” or “user”).

These terms should be read in conjunction with the digitalpasifik.org general terms of use (which can be found here) and any other terms applicable to your use of the digitalpasifik.org website.

The quick read

• We acknowledge that your contribution in the form of a memory, story or recollection remains yours and we only share your contribution alongside the item which it is directly related too.

• Users can contribute their story on the digitalpasifik.org website through the “Share your story” feature located at the bottom of each displayed item.

• Users must ensure that this story complies with copyright. This means that you need to own the story or have permission from the owner.

• Users that contribute stories (which they own) based from personal knowledge will have absolute ownership over these contributions. No party may use these contributions without the permission of the user.

• The contribution you make to digitalpasifik.org must not be offensive or obscene or be in breach of these or any other applicable terms of use.

• We have the right to review or remove your contribution/s from digitalpasifik.org at any time, and if someone reports it, we will first engage with you, the person responsible for the contribution, to korero/discuss about what action to take. You can read about our review process here.

Your right to upload contributed content

You may submit information to digitalpasifik.org for others to view ("User Contribution"). User Contribution includes text, comments, descriptions, tags, and other content submitted to the digitalpasifik.org through the “Share your story” feature. Each User Contribution will relate directly to an item on display on the digitalpasifik.org website. Digitalpasifik.org acknowledges that each User Contribution belong entirely to the user.

In relation to each User Contribution you submit to digitalpasifik.org, you:

• confirm that your contribution is your own original work and belongs to you and that you are fully entitled to grant the rights below;

• grant digitalpasifik.org the right to display your User Contribution under the relevant item on display on their website;

• grant digitalpasifik.org the right to retain your email, as submitted in the “Share your story” feature. This email is never made public or published, and will only be used, if you have agreed, to allow a content partner to contact you to;

• permit content partners of digitialpasifik.org to use your User Contribution if they engage with you directly for permission and attribution, and if you have agreed to be contacted, noting that as the user, you retain absolute ownership over your User Contribution. confirm that your User Contribution does not:

  • breach any of these or any other applicable terms of use;

  • infringe any intellectual property or privacy rights;

  • breach any suppression order or any other law;

  • cause any hurt or harm.

You must also understand that by submitting a User Contribution, you will be granting the Pacific Virtual Museum Pilot rights to act upon, the User Contribution, when required, and in accordance with the terms below.

Right to remove contributed content

The Pacific Virtual Museum Pilot has the right to remove any User Contribution as it sees fit and will do so if content violates these terms of use.

We will remove any User Contribution that:

• is in breach of these or any other applicable terms of use;

• infringes any intellectual property or privacy rights;

• breaches any suppression order or any other law;

• causes any hurt or harm.

The Pacific Virtual Museum Pilot has the right to review and remove a User Contribution at its discretion, in accordance with our review process. You can read more about our review process here. Wherever possible we will notify you of any changes, before doing so.

Rights you grant digitalpasifik.org

In uploading your User Contribution to digitalpasifik.org you agree to make it available through “Text Content”. Text Content is all words contributed by users to digitalpasifik.org “Share my story” feature. These are headings, paragraph text, URLs or other text as enabled in the guided form for submitting a user contribution and will be displayed under each item which it directly relates to.

Metadata Contribution Terms

1. Application of terms

1.1 These terms apply to digitalpasifik.org content partners who have agreed to make their Metadata available for use on and via the digitapasifik.org website and associated services.

2. Definitions

2.1 In these terms:

API means application programming interface;

DIA, we, our and us mean the Department of Internal Affairs, a department of the New Zealand Government (the National Library of New Zealand is part of the department);

Large Thumbnail Images means thumbnail images made by DIA in accordance with clause 4.1below that are larger than small thumbnail images;

Metadata means any information (text, images or otherwise, including small thumbnail images but excluding large 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;

digitalpasifik.org means the project operated by Te Puna Mātauranga o Aotearoa, the National Library of New Zealand (part of DIA), in collaboration with the National Library of Australia, to help make Pacific digital content easier to find, share and use, with a website at www.digitalpasifik.org

Small Thumbnail Images means thumbnail images in the size(s) provided by Metadata contributors (if any), whether the images themselves or hyperlinks to them.

3. Agreement to terms

3.1 Persons and organisations providing Metadata to the Pacific Virtual Museum are required to agree to these Metadata contribution terms. If you have not already agreed to these terms, your contribution of Metadata to the Pacific Virtual Museum will be deemed to constitute your acceptance of these terms, forming a binding agreement with DIA. (We are happy to discuss them with you but please appreciate that they are standard terms that apply to all contributors.) This clause 3.1 is subject to clause 3.2.

3.2 If you are providing Metadata to digitalpasifik.org on behalf of a division or branch of DIA or on behalf of another department or departmental agency of the New Zealand Government, these terms have effect as a memorandum of understanding that does not give rise to legally enforceable obligations (the reason being that departments, departmental agencies, and their divisions and branches, are constituent parts of a single and indivisible legal entity, the Crown). You acknowledge, however, that if this clause applies, you have agreed on behalf of your division, branch, department or departmental agency to abide by and follow these terms.

4. Intellectual property rights

4.1 When contributing Metadata to the digitalpasifik.org, you grant us a non-exclusive and royalty free licence to:

• harvest, copy, cache and otherwise store the Metadata and to publish the Metadata in whole or part on the digitalpasifik.org and in web feeds, email notifications and other data feed services;

• if your Metadata includes Small Thumbnail Images for content items, capture, reproduce and make available, on the digitalpasifik.org, thumbnail images for those content items that are larger than the Small Thumbnail Images; and

4.2 When contributing Metadata to digitalpasifik.org, you promise that:

• you have or your organisation has all relevant rights or permissions to contribute that Metadata;

• your contributing the Metadata and our use of it in the ways specified above will not knowingly infringe the intellectual property or other rights of any third party or amount to a breach of any obligation on your part; and

• you have the authority and right to grant the licence referred to in clause 4.1 above.

5. No harmful Metadata

5.1 You must not contribute Metadata that:

• contains or installs any virus, worm, malware, Trojan horse or other harmful or destructive software or code;

• is obscene or defamatory;

• violates the privacy or other rights of any third party; or

• is otherwise unlawful.

6. Moderation

6.1 We do not moderate Metadata contributed to the digitalpasifik.org site. We reserve the right to suspend or remove access to the whole or any part of your Metadata if we consider that you have breached these terms or if the Metadata is otherwise unsuitable for digitalpasifik.org.

7. Attribution to source

7.1 We will provide clear attribution to the online source of each content item listed on the digitalpasifik.org to which your Metadata relates, in the context of each item, by:

• identifying the online source; and

• providing a hyperlink to the page on its website containing the content item.

8. Removal of your Metadata

8.1 We will:

• promptly remove your Metadata from digitalpasifik.org at your request; and

• use reasonable endeavours to require those with an API key (if API keys are made available) to remove that Metadata from their websites or applications as soon as is reasonably practicable.

8.2 You acknowledge that we may not be able to secure the removal of such Metadata from, for example, applications containing that Metadata that have been downloaded onto personal handheld devices or desktop machines and are not, for whatever reason, updated by the owners of those devices or machines.

9. Revisions

9.1 We reserve the right to change these terms at any time and, except as stated clause 9.4, will provide you with at least 30 days’ notice (the Original Change Notice) of the change (Notice Period).

9.2 If you do not like a change we propose to make to these terms, you may provide written comments to us on the change within the first 15 days of the Notice Period. We will take any written comments from you into account and may elect to modify our proposed changes or not modify our proposed changes.

9.3 If we receive no written comments on the proposed changes within the first 15 days of the Notice Period, the changes will come into effect on the date specified in the Original Change Notice. If we do receive written comments within the first 15 days of the Notice Period, we will notify you in an updated notice (Updated Change Notice) of our decision on whether to modify our proposed changes and, if so, what those modifications are. The changes will come into effect on the date specified in the Updated Change Notice, without any requirement for us to provide a further period of notice in relation to the modifications.

9.4 If we make a change to correct a clear typographical or cross-referencing error, we may make the change immediately, without advance notice.

10. General

10.1 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.

10.2 We may assign, transfer or novate the agreement formed by these terms to another public sector agency or to another organisation (whether in New Zealand, Australia or elsewhere in the Pacific) if that other agency or organisation has taken over or will take over the operation of the digitalpasifik.org website. You agree to execute any documentation required (including by online means) to evidence or complete any such assignment, transfer or novation.

10.3 Nothing in these terms limits the powers, rights and duties of the National Library of New Zealand or the National Library of Australia under their empowering legislation or other applicable law.

Use and Resue

Reusing items on digitalpasifik.org and copyright

Your Responsibilities

Before downloading, copying or reusing any item found through digitalpasifik.org, you need to examine the terms of use and/or copyright statement on the content partner's web page. This will let you know if:

• you can copy and share the object

• you can modify the object

• you can use the object commercially

• you need to license new creations under identical terms

• the original creator has specific requirements about how they should be credited

The rights that we display are the rights and terms that the content partner has recorded.

Attribution

In most circumstances you'll need to reference the material you're using, by attributing the title, author, linking to source material and the licence used. It's your responsibility to check the content owner's licensing, but in many circumstances this simple example from Creative Commons of basic attribution is enough.

Share

Items marked as Share by the content partner may be suitable for copying and sharing with others in some way, without further permission. You normally need to credit the creator or owner, and you should always check the content partner's website to confirm the specific terms of use.

Modify

Items marked as Modify by the content partner may be suitable for modifying, remixing and building upon, without further permission. You normally need to credit the creator or owner, and you should always check the content partner's website to confirm the specific terms of use.

Use commercially

Items marked as Use commercially may be suitable for commercial use, without further permission. You normally need to credit the creator or owner, and you should always check the content partner's website to confirm the specific terms of use.

All rights reserved

Items marked like this may only be suitable for the purpose of "fair dealing" under the Copyright Act, unless permission is granted by the creator or copyright owner. You can examine the licence/copyright status of each object on the content partners webpage to determine how to ask permission. Often, All Rights Reserved items are not permitted to be re-used, shared or re-published.

Unknown

There are many other items from content partners where the usage rights are unknown. These results may only be suitable for the purpose of "fair dealing" under the Copyright Act, unless you can establish they are not in copyright. It may be that unknown material is suitable for sharing, modification and commercial use but you will need to check the object's specific terms of use, and may need to undertake research to find the creator and publisher of each object to determine this.

Further guidance

There are a number of resources to help you with considering digitisation and reusing digital content on the digitalNZ site. If in doubt, please make sure to check with the content partner that holds the record or item.

Copyright and re-use at Trove

Copyright terms and the public domain in New Zealand

Updates to these terms

These Terms & Conditions first became active on 17 November 2020. This page lists the updates we have made and the terms that are now no longer active or apply.

1. On Tuesday 15 June 2021 we updated the User Contributions Terms. In this update we deleted the Contributed Content section.

   The previous user contributor terms and conditions were:

   As a digitalpasifik.org user you may be able to submit content (Contributed Content) to the digitalpasifik.org for others to use under a Creative Commons licence (if and when this functionality is made available). Contributed content includes text, comments, descriptions, tags, and other content submitted to the digitalpasifik.org.

   In relation to each item of Contributed Content that you submit to the digitalpasifik.org, you:

   • Confirm that your contribution is your own original work and belongs to you and that you are fully entitled to grant the rights below;

   • Grant us a worldwide, royalty-free, non-exclusive, licence to reproduce, modify and use that Contributed Content and otherwise to exercise any right that any holder of the copyright in that Contributed Content may hold for the duration of the applicable copyright; allow us to sublicense or assign the licence above to any other agency or organisation to whom responsibility for running the digitalpasifik.org website may be transferred; permit anyone to use your Contributed Content in accordance with the terms of:

     • the Creative Commons Attribution 4.0 International licence, the terms of which are available at http://creativecommons.org/licenses/by/4.0/; or a broadly equivalent licence if we elect to update or replace the Creative Commons licence we apply to Contributed Content;

     • and understand and agree that your Contributed Content can be redistributed in any format and through any channel, including the digitalpasifik.org website and any digitalpasifik.org API.

   Contributed Content must not include material that infringes any intellectual property or privacy rights, breaches any suppression order or any other law, or be purposefully inflammatory.

   We may remove any Contributed Content as we see fit, and will do so if your submission of content breaches these terms. Without limiting other rights available to us at law, we may also suspend or delete your account if you breach these terms.

   We reserve the right to modify or remove user-contribution features at our discretion, including removing Contributed Content if we consider it necessary or desirable to do so. Wherever possible we will notify you of such changes.

2. On Sunday 1st August we updated the Metadata Contribution Terms. In this update, to avoid confusion for our content partners we deleted Section 4.1 (c) and 4.2 from the original Terms of Use.

   The previous Metadata contribution terms were:

   4.1 (c) enable public API access to your contributed Metadata on sub-licensing terms that allow the Metadata to be: queried, discovered, cached, bulk-downloaded, copied, distributed and connected with other data sources; and utilised in third party websites and applications (whether desktop or mobile in nature) that may be made available for consumption by others, whether for non-commercial or commercial purposes.

   4.2 To avoid doubt, the right to sublicense Metadata, referred to in clause 4.1(c), does not extend either to Large Thumbnail Images or to the more substantial content on your or third party websites to which the Metadata relates.