Terms of Use

These are Mahurangi Artist Network's terms of use. They tell you:

  • The rules for using our services

  • What you can do with our content

 

1. When these terms apply

Read these terms before using our services. Whenever you use our services you agree to these terms, our privacy policy and cookies policy.

If you don’t wish to be bound by these terms, do not use the Mahurangi Artist Network.

 

2. When other terms apply

If there are extra terms, we’ll always let you know. For example when you enter a competition.

 

3. Who may use the Mahurangi Artist Network

Age requirement: Our services are available for those over the age of 18. Our services are not targeted to, intended to be consumed or designed to entice under the age of 18. If you are aged 18 or under, please get your parent/guardian’s permission before you and have them read this Agreement with you.

Notice to parents and guardians: By granting your child permission to use Mahurangi Artist Network, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of Mahurangi Artist Network. If your child is using an Mahurangi Artist Network Services and does not have your permission, please contact us immediately so that we can disable their access.

We welcome artists and creatives from the greater Mahurangi area. The Mahurangi region is difficult to define exactly. In general, it stretches from below Puhoi, though Warkworth, up to Wellsford and across to Pakiri. Any creative person who is located more or less in that area can  become a member.

 

4. Privacy

Your privacy rights are outlined in our Privacy Policy, which forms part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;

  • What we use that information for; and

  • With whom we share that information.

 

5. Your obligations

You agree that you are solely responsible and liable for all activities on Mahurangi Artist Network, whether you are a Visitor or Member.

You agree you shall:

  • not use the information presented on or obtained using Mahurangi Artist Network Services or derived for any purposes other than those expressly set out in these Terms;

  • not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

  • not use Mahurangi Artist Network Services, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of Mahurangi Artist Network, Members or third parties;

  • comply with all instructions and policies from us from time to time in respect of the Mahurangi Artist Network Services.;

  • co-operate with any reasonable checks or requests for information made by us from time to time; and

  • use the information made available to you on Mahurangi Artist Network at your own risk.

 

6. Membership

Registration: To fully use Mahurangi Artist Network Services, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Mahurangi Artist Network and notify us if your information changes. If you are an organisation, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

User Name: We encourage you to use your real name. If you are an organisation, you must use the actual name of your organisation. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security: You are responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using Mahurangi Artist Network. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately.

 

7. Subscriptions and Purchases

Subscriptions: We offer paid subscriptions.

Cancellation And Refunds: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have fourteen (14) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Mahurangi Artist Network. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have any questions, please contact us.

Renewals: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Mahurangi Artist Network reserves the right to deny subscriptions, renewals, and other purchases for any reason.

End Of Subscription: You will be sent a reminder 30 days before your paid subscription ends. We have a 14 day grace period after your subscription has lapsed. Failure to pay after this period will result in your profile being put on hold and all public content being hidden from the site. Your account and its content may be deleted if your subscription is not renewed.

8. Terms and Termination; Account Deletion

Term: This Agreement begins on the date you first use Mahurangi Artist Network Services and continues as long as you have an account with us.

Account Deletion: You may delete your account at any time. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.

Termination For Breach: Mahurangi Artist Network may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Mahurangi Artist Network determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Mahurangi Artist Network's reputation and goodwill. If Axisweb deletes your account for the foregoing reasons, you may not re-register for Mahurangi Artist Network Services. Mahurangi Artist Network may block your email address and Internet protocol address to prevent further registration.

Effect Of Termination/Account Deletion: Upon termination, all licenses granted by Mahurangi Artist Network will terminate. Sections 8 and 13 through 19 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Mahurangi Artist Network shall not be responsible for the loss of such content.

 

9. Content Restrictions

We may not upload, post, or transmit (collectively, "submit") any image, text, video, audio recording, or other work (collectively, "content") that causes harm or offends. Content that may harm of offend include:

  • Insulting, misleading, discriminating or defaming (damaging people’s reputations)

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

  • Promoting pornography, tobacco or weapons;

  • Putting children at risk;

  • Anything illegal. Like using hate speech, inciting terrorism or breaking privacy law;

  • Promotes fraudulent or dubious business schemes;

  • Anything that would harm Mahurangi Artist Network’s reputation.

 

10. Code of Conduct

In using Mahurangi Artist Network Services, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;

  • Harass or stalk any other person;

  • Harm or exploit minors;

  • Distribute "spam";

  • Collect information about others.

Your behaviour must also comply with the Mahurangi Artist Network Community Guidelines, which are incorporated into this Agreement. Mahurangi Artist Network has the right, but not the obligation, to monitor all conduct on and content submitted to Axisweb.

 

11. Licenses Granted by You

License To Mahurangi Artist Network: As between you and Mahurangi Artist Network, you own the image, text, video, audio recording, or other work ("content") that you submit to Mahurangi Artist Network. By submitting content, you grant Mahurangi Artist Network, worldwide, non-exclusive, royalty-free license and right to copy, edit, moderate, transmit, distribute, publicly perform and display in a digital and non-digital format (through all media now known or hereafter created), and make derivative works from your content for the purpose of

(i) displaying the content through Mahurangi Artist Network Services in digital and non-digital format;

(ii) sharing and promoting the content via social media, email and third party websites;

(iii) allowing other users to view your content;

(iv) promotion of Mahurangi Artist Network; and

(v) archiving or preserving the content for disputes, legal proceedings, or investigations.

License To Other Users: You further grant all users of Mahurangi Artist Network Services permission to view your content for their personal, educational and non-commercial purposes.

Duration Of Licenses: The above licenses will continue unless and until you remove your content from Mahurangi Artist Network, in which case the licenses will terminate within a reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed content may be cached in search engine indices after removal and that Mahurangi Artist Network has no control over such caching.

 

12. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: 

(i) you have the right to submit the content to Mahurangi Artist Network and grant the licenses set forth above;

(ii) Mahurangi Artist Network will not need to obtain licenses from any third party or pay royalties to any third party;

(iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and

(iv) the content complies with this Agreement and all applicable laws.

 

13. Indemnification

You will indemnify, defend, and hold harmless Mahurangi Artist Network and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: 

(i) arise from your activities on Mahurangi Artist Network;

(ii) assert a violation by you of any term of this Agreement; or

(iii) assert that any content you submitted to Mahurangi Artist Network violates any law or infringes any third party right, including any intellectual property or privacy right.


 

14. Links to other Websites

Mahurangi Artist Network and Members provide links to third party websites such as social media. Please note:

  • We don’t endorse the sites we or our Members link to;

  • We’re not responsible for their content or liable for anything that happens to you if you use them;

  • If you or anyone else shares something containing a link, we’re not responsible for anything on the site it links to;

  • You are advised to the terms and conditions of third party websites.

 

15. Third Party Copyright and Other Rights

Mahurangi Artist Network respects the intellectual property rights of others. If you believe that your copyright has been infringed on Mahurangi Artist Network, please email mahurangiartistnetwork@gmail.com

16. Disclaimers

Mahurangi Artist Network reserves the right to modify the Mahurangi Artist Network Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Mahurangi Artist Network Service. Mahurangi Artist Networkhas no obligation to screen or monitor any content and does not guarantee that any content available on Mahurangi Artist Network complies with this Agreement or is suitable for all users.

Mahurangi Artist Network provides the Mahurangi Artist Network Service on an "as is" and "as available" basis. You therefore use Axisweb Services at your own risk. Mahurangi Artist Network expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Mahurangi Artist Network makes no representations or warranties:

  • That the Mahurangi Artist Network Service will be permitted in your jurisdiction;

  • That the Mahurangi Artist Network Service will be uninterrupted or error-free;

  • Concerning any content submitted by any member;

  • Concerning any third party's use of content that you submit;

  • That any content you submit will be made available on the Mahurangi Artist Network Service or will be stored by Mahurangi Artist Network;

  • That theMahurangi Artist Network Service will meet your business or professional needs;

  • That Mahurangi Artist Network will continue to support any particular feature of the Mahurangi Artist Network Service; or

  • Concerning sites and resources outside of the Mahurangi Artist Network Service, even if linked to from the Mahurangi Artist Network Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Mahurangi Artist Network Service, and no warranties shall apply after such period.

 

17. Limitations of Liability

To the fullest extent permitted by law:

(i) Mahurangi Artist Network shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and

(ii) Mahurangi Artist Network's total liability to you shall not exceed the amounts paid by you to Mahurangi Artist Network over the twelve (12) months preceding your claim(s).

 

18. Mahurangi Artist Network's Intellectual Property Rights

Mahurangi Artist Network owns the intellectual property rights relating to the website and associated Services. 

Your are prohibited from:

  • reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Mahurangi Artist Network website, including without limitation, any information, articles, photographs, images or submissions made available to you through your the Mahurangi Artist Network Services; and

  • removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by us.

 

19. General

When you use the Mahurangi Artist Network's Services you’re agreeing to:

  • These terms of use

  • Our Privacy and Cookies policy

  • Any other terms we’ve let you know about

These terms replace all previous agreements between you and Mahurangi Artist Network.

This is agreement is a contract between you and Mahurangi Artist Network. No one else has any rights to enforce its terms.

NZ law governs these terms. Only New Zealand courts can make judgments about them.

Our services and content are made available to you by Mahurangi Artist Network.

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