Digital Terms of Use


The following terms of use constitute an agreement between You and Cervin Media (referred to as Us or We) and apply to your use of the digital products below which are referred to in this document as “our digital products”.

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This agreement governs your use of our digital products, both as a casual or registered user. By accessing or using our digital products, you agree to be bound by these terms and conditions. If you do not agree to any of these terms and conditions, please do not use our digital products. We may change these terms and conditions at any time. Your continued use of any of our digital products will mean that you accept those changes.

Your Licence to use our Digital Products

a. All content on our digital products including but not limited to text, photographs, video’s, graphics, buttons, icons, images, artwork, logos, trademarks, service marks and data is protected by New Zealand and international copyright law and conventions and you agree not to infringe these rights and intellectual property. The content includes both content owned or controlled by us and content owned or controlled by third parties and licensed to or provided to us for use on our digital products.
b. We license you to use our digital products on the terms set out in this document.
c. You may manually access our digital products and (where applicable) make a copy of the results, provided that no such access, copying or use, is for commercial purposes or for the creation, updating or verification of any database, content or website.
d. All material you download or print must retain any trade marks, branding, and copyright notices as they appear.
e. Apart from using our digital products under this licence or any fair dealing under the Copyright Act 1994, no material from our digital products may be printed, downloaded, copied, republished or distributed in any way directly or indirectly without our prior written permission.
f. You agree not to submit queries to our digital products for the purposes of obtaining information about our digital products, their ontology, structure or contents and you will not use our digital products or any of their content in any manner which is, or is likely to be, in breach of any law, or damaging or disruptive to our digital products.
g. You shall not post or upload any information or other content on our digital products that is (1) false, inaccurate or misleading; (2) is obscene or indecent; (3) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (4) is defamatory, libellous, threatening, abusive, hateful or contains pornography, including the use of expressions of bigotry, racism, hatred or profanity.
h. You may not use our digital products to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
i. You may not use any robot, spider, scraper or other automated means to access our digital products or content or services provided on or via our digital products for any purposes.
j. You may not post content on our digital products that contain any viruses, Trojans, worms, time bombs, spiders or other computer programming routines that are intended to damage, detrimentally interfere with our digital products, data or personal information. You shall not attempt to make our digital products unavailable through denial-of-service attacks or similar means.
k. You shall not use contact information provided or collect or store information from our digital products, to facilitate the sending of unsolicited bulk communications such as spam.
l. Where access to any of our digital products requires passwords, account names, tokens or log in identification is required, you acknowledge that it is your responsibility to keep these secure and confidential and to comply with all applicable laws.

International Users

Cervin Media makes no claims that information on our digital products is appropriate or may be downloaded or used outside of New Zealand. Personal information that is submitted to us will be collected, processed, stored, disclosed and disposed of in accordance with applicable New Zealand law. If you are a non-New Zealand user, you acknowledge and agree that we may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. New Zealand law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction. If you do not consent to such transfer, you should not use our digital products.

Collection and use of Information

Whenever we collect personal information from you we will do so in a lawful and fair way. If you do not wish to provide the information we request, we will tell you what impact this will have.

Our digital products do use cookies that are recorded on your computer. These are used to improve your user experience, analyse how our visitors use our digital products and aggregate information about areas of interest, so that we may provide information or functions that better suit your needs and interests. If you do not wish to have cookies on your computer you may delete and block them under the Options menu of your internet browser this may impact some functionality of our digital products.

Sometimes you will be able to submit information about other people. For example, you might submit a person’s name and email address for that person to receive information or a product. The types of personally identifiable information that may be collected about other people on these pages include: recipient’s name, email address and telephone number.

We may collect certain non-personally identifiable information when you visit many of our web pages, such as the type of browser you are using, the type of operating system you are using, and the domain name of your internet service provider.

When you provide information to us you should take care not to disclose any personal information that you do not wish us to have.

We may use the information you provide to fulfil your requests for our digital products and services, to respond to your enquiries about our offerings and to offer you other products or services, some of which maybe from relevant third parties where we believe this be of interest to you.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our digital products and to enable us to personalise your experience. We also may use this information on aggregate to analyse use and users’ interests. Aggregated information may also be used to provide reports on the usage of our digital products.

Analysing usage of our digital products

We may use an independent service to measure and analyse usage of our digital products. Any service we use will have expertise in digital product measurement technologies as well as market research and trend analysis. Use of such service may involve coding being placed on pages on the site to enable information such as the following to be collected:

  • the number of visitors to our digital products;
  • the average length of time these visitors spend on our digital products when they visit; and
  • the entry and exit points onto our digital products.

Inappropriate use of our digital products

You acknowledge that any inappropriate use of our digital products or the non-adherence of the Terms of Use may result in you being blocked from accessing our digital products.

Links to other websites

Our digital products may contain links to other websites that are not under the control of Cervin Media. The inclusion of any link does not imply endorsement by us of such site and we cannot be responsible for the content of such linked sites.

Disclaimer of warranties

a. The information, content and services made available on or via our digital products is provided on an ‘as is’ and ‘as available’ basis. Cervin Media does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to our digital products, the content, or any advice or services provided through our digital products to the extent permitted by law. Cervin Media does not warrant that access to our digital products or its content or services will be uninterrupted or error-free.
b. Any advice, recommendations, information and conclusions posted or emailed by others using our digital products are not in any way vetted, approved or endorsed by Cervin Media and you use such information at your own risk.

Limitation of liability

Under no circumstances will Cervin Media its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of our digital products or due to your reliance on any of the content contained or the services provided on our digital products.

Indemnification

You agree to indemnify and hold harmless Cervin Media its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this agreement.

Governing law

This agreement shall be governed by the laws of New Zealand. You agree that all disputes arising under, or in any way connected with our digital products, shall be litigated exclusively in the New Zealand Courts, and in no other court or jurisdiction.

Miscellaneous terms

Cervin Media may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Contacting us

Any feedback, questions or comments, or to report a breach of these terms and conditions, let us know, or contact us.

Telephone: (09) 360 8700

Postal address:

Cervin Media Limited
PO Box 68450,
Newton,
Auckland, 1145
New Zealand

Email: admin@cervinmedia.co.nz



Download the Cervin Media Terms of use of our Digital Products pdf

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