These terms and conditions of use (‘Terms’) govern the use of the website located at footage.nhnz.tv (the ‘Website’) and the use of video samples of content offered for licensing (“Previews”) downloaded from the Website. The Website is provided by NHNZ Worldwide Limited (‘NHNZWW’) registered in New Zealand with company number 8156185 and with a registered office at 79 Stuart Street, Dunedin, New Zealand 9016.
In these Terms, an individual visitor to the Website is referred to as ‘you’ and NHNZWW is referred to as ’NHNZWW’, ‘us’ or ‘we’.
By proceeding to use the Website, and by clicking on the “DOWNLOAD’ button on the Website, you agree to be bound by these Terms, in their current form and as they may be amended by us from time to time. If you do not accept these Terms, you must discontinue your use of the Website and cease to download the Previews immediately.
Unless you are notified that a different privacy policy applies to your use of a specific site, the Privacy Policy at footage.nhnz.tv/privacy will apply to your use of the site.
CHANGES TO THESE TERMS AND THE WEBSITE
We may revise these Terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
INFORMATION PUBLISHED ON THE WEBSITE
We take reasonable precautions to ensure that information published on the Website is accurate but we do not guarantee its accuracy. You should take appropriate steps to verify information displayed on the Website before relying on it. Downloading material from the Website is done at your own risk and any materials provided via the Website are provided on a "as is" basis.
VIRUSES
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, your right to use the Website will cease immediately.
USER-GENERATED CONTENT
The Website may include information and materials uploaded by other users of the site, including comments on articles and blog posts. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us.
WEBSITE ACCOUNT DETAILS
If you choose to set-up an account for our website, or you are provided with an account, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose or share your account details or password with any other individual or third party.
We have the right to disable any user account or password, whether chosen by you or allocated by us, at any time, including where we believe or suspect, in our reasonable opinion, that you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify using the contact us page.
LIABILITY
We provide the Website without warranty of any kind. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Different limitations and exclusions of liability will apply to the supply of any products or services to you, which will be set out in the applicable supply terms.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that the Website will always be available or be uninterrupted and reserve the right to suspend access to the Website without notice.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the site, or use of or reliance on any content displayed on the site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
COPYRIGHT
This Website is owned by NHNZWW and the Previews and all other materials on the Website are the copyrighted property of NHNZWW or controlled by NHNZWW on behalf of its licensors. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use images, trademarks or names displayed on the Website without written permission of the owner. The software on the site is proprietary to NHNZWW and its supplier and is not to be used except for the purpose of enabling you to access and assess content offered for licensing by NHNZWW.
LIMITED LICENSE
This Website and the Previews are intended for use by customers of NHNZWW. By clicking on the “DOWNLOAD” button and agreeing to these Terms you are granted a limited license to download the Previews for the purpose only of accessing and assessing content offered for licensing by NHNZWW. This limited license does not authorise, and you are prohibited from; sharing the Previews with third parties via any form of file sharing; broadcast, transmission, uploading, publication or any other exploitation or use of the Previews; and making any changes to the Previews including any removal of the NHNZWW trademarks, watermarks or timecodes.
LICENSE
In the event that you wish to license the underlying footage that is included in the Previews you must enter into a separate license agreement with NHNZWW which will govern your access and use of the underlying footage. Please contact images@nhnz.tv if you wish to enter into such a license.
REGISTRATION
You agree to provide accurate current and complete information about yourself when you register as a NHNZWW customer (“Registration Data”); maintain and update the Registration Data and any other information that you provide to us to keep it accurate, current and complete; maintain the security of your password; notify us immediately of any unauthorised use of your account or other breach of security; and accept all responsibility for any and all activities that occur under your account.
DATA AND PRIVACY
We are committed to protecting your privacy. Please see our Privacy Policy for details of how we treat information which you provide to us via the Website.
THIRD PARTY WEBSITES
We assume no responsibility for the content of any websites linked on our Website or websites from which you have accessed our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
GENERAL
These Terms are governed by New Zealand law and the New Zealand courts have exclusive jurisdiction in any dispute arising out of or in connection with your use of the Website.
To the extent that any part of these Terms is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
If you have any queries regarding the Website or these Terms, please contact us at either info@nhnz.tv or at NHNZ Worldwide Limited, 79 Stuart Street, Dunedin 9016, New Zealand
These Terms were last updated on 1 April 2022.