Screen Auckland Terms and Conditions

Welcome to Screen Auckland, an online community of individuals, companies and organisations who create, enable, and ? digital content for screens of all shapes and kinds. These terms and conditions are intended to help keep Screen Auckland a safe place to network with others interested in the world of digital content.

Date of Last Revision: June 21, 2009

   1. Privacy

      Film Auckland takes your privacy very seriously. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on the Screen Auckland sub-site. Please read Film Auckland's Privacy Policy (this will be hyperlinked) and to use the information it contains to help you make informed decisions.

Acceptance of terms and conditions: The terms and conditions are the terms on which Film Auckland Incorporated, a Charitable Trust, offers you access to the Services and the Website. By registering as a member of  Screen Auckland you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Film Auckland from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Film Auckland to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Film Auckland's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: You agree to release, indemnify and keep indemnified Film Auckland Incorporated from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your loss of intellectual property, your use of Film Auckland's message boards, blogs, and discussion forums, illegal copying and sharing of intellectual property not owned by you, the sale or attempted sale of an item prohibited under the Copyright Amendment Act (check name), or arising out of any content or item you submit, post, transmit, or make available through the Services.

Sharing Your Content and Information

You own all of the content and information you post on Screen Auckland, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Screen Auckland, you agree to the following:

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Screen Auckland ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about Screen Auckland, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

You will not post content or take any action on Screen Auckland that infringes someone else's rights or otherwise violates the law.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

The Screen Auckland service makes it possible to post images and text hosted on Screen Auckland to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on Screen Auckland.com (?) must provide a link back to Screen Auckland.

We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Sponsorship

We highly value our sponsors who help make Film Auckland an active organisation in the interest of our members. We therefore reserve the right to remove content, and or offer advice to Screen Auckland members who post advertising or content in conflict with our sponsors.

Copyright (What's Yours is Yours)

We claim no intellectual property rights over the material you provide to the Screen Auckland service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.

We encourage users to contribute their creations to the public domain or consider progressive licensing terms such as Creative Commons and we supply a widget to help with this.

If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use Facebook's Share Link button so that users can post links or content from your website on Screen Auckland.

You give us permission to use such links and content on Screen Auckland.

You will not place a Share Link button on any page containing content that would violate this Terms and Conditions if posted on Screen Auckland.

Film Auckland undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

 A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

 A description of the copyrighted work claimed to have been infringed;

A description of the infringing material and information reasonably sufficient to permit Film Auckland to locate the material;

Your contact information, including your address, telephone number, and email;

 A Terms and Conditions by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A Terms and Conditions that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

We will provide you with tools to help you protect your intellectual property rights.

If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone's identification documents or sensitive financial information on Screen Auckland.

If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

Claims can be sent to copyright@screenauckland.com or Film Auckland Inc., PO Box 5561, Wellesley Street, Auckland 1141, New Zealand.

 These Terms and Conditions makes up the entire agreement between the parties regarding Screen Auckland, and supersedes any prior agreements.
         2. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
         3. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.
         4. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
         5. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.
         6. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
         7. Nothing in this Agreement shall prevent us from complying with the law.
         8. TheseTerms and Conditions does not confer any third party beneficiary rights.

(These TOS are currently work in progress)

More to follow