Welcome to NZShortFilm.com (henceforth, the "Site"). Please read these Terms and Conditions of Use ("Terms") before using the Site. The Site is engaged in promoting New Zealand short films via the Internet and is owned and operated by Matthew Buchanan, Karl von Randow and Steve Hill (the "Operators"). "You" are the person or entity using the Site, or described in the Site Registration Form or Submission Form.
Copyright: All content, which includes, without limitation, articles, films, media files, reviews, software, and source code (collectively, "Content"), on the Site is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of the Operators or the individual copyright holders.
Use of Material: The Operators authorise you to access and use the Content solely for your personal, non-commercial use. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The Operators make no representation that the Content is legal or appropriate for use outside of New Zealand or that it is authorised for export from New Zealand or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of New Zealand from which you may access the Site.
Submissions: Unless you enter into a separate written agreement with the Operators, by submitting Materials in any form to the Site, in addition to other provisions of the Terms, you automatically grant the Site and its Operators a royalty-free, worldwide, non-exclusive, and assignable right and licence to use, copy, reproduce, publish, transmit, and distribute such Materials for the purpose of displaying and promoting the Materials on the Site. You obtain no rights in any form, media, or technology incorporating the Materials. All submissions to the Site by you and all use of the Site by you must comply with the Copyright Act 1994 and the Defamation Act 1992.
Indemnity: You agree to indemnify and hold the Site, its Operators and affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
Limitation of Liability: In no event shall the Site, its Operators or its affiliates, be liable for any special, indirect, punitive, incidental, exemplary, reliance or consequential damages, or for any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The Operators expressly advise that they shall not be liable in any way whatsoever (whether in negligence or otherwise) for any loss or damage which may be suffered by any person relying upon such information or any opinion, or conclusions contained in the Site, or otherwise arising in connection with the contents of or any omission from content contained in the Site, except where a liability is made non-excludable by legislation.
Privacy: The Site utilises cookies to prevent users from entering information already provided on this or previous visits. Information that identifies individuals is collected by the Site only when specifically and knowingly provided by you. No information about you will be given, exchanged or sold to any third party and is retained for the purposes of the Site only. In accordance with New Zealand legislation, your personal data will be processed lawfully and fairly, be kept accurate and up to date and not be retained for longer than is necessary. You have the right to see any and all information held about you and to correct any inaccuracies. The Operators treat all data held with the utmost care and security.
Representations and Warranties: You represent and warrant for the benefit of the Site, its Operators and affiliates, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you, or you have received the necessary approvals from the individual copyright holders to submit, or include in your submission, the Materials on behalf of the copyright holders; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold the Site (and its Operators and affiliates) harmless from breaches of (a) through (h).
Disclaimer of Warranties: Except as expressly provided otherwise in an agreement between you and the Site, the Site and applications offered at or through the Site, are provided to you "as is" without warranty of any kind and with all risks. The Site hereby disclaims to the maximum extent permitted by law (a) all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the Site; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the Site; and (b) any duties of reasonable care, workmanlike effort or lack of negligence in connection with the Site, applications, or related information. The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the Site, applications, and related information is born by you.
Jurisdiction: Use of the Site and these Terms shall be governed by and construed in accordance with the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand. By using the Site, you agree to submit to the jurisdiction of the courts of New Zealand and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of New Zealand. Use of the Site constitutes agreement to these Terms.
