Terms of Use

Welcome to fixmystreet.org.nz, a community site operated by Open NZ.

These Terms of Service (“Terms”) govern your access to and use of the fixmystreet.org.nz website and related services (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. These terms are between you and Open NZ (referred to as 'we', 'our' or 'us' in these terms).

Your Rights

We do not own any of the Content that you may transmit or post to or through fixmystreet.org.nz. This means that you alone (and not us) are ethically and legally responsible for the content and any consequences of its use, and you:

• must make sure that you have first obtained all the necessary rights and permissions from the owners or licensors of that Content;
• grant to us and our service providers a non-exclusive and royalty free right to use, modify, adapt, reproduce, publish and distribute the content for the purpose of providing and supporting fixmystreet.org.nz, and other services provided by Open NZ, specifically under a Creative Commons Attribution-Share Alike 3.0 New Zealand License (or any other license that we may mutually agree); and grant other users the right to access, download and view the content for their lawful, personal and potentially commercial purposes.

Using content from fixmystreet.org.nz

Unless we have specified otherwise, you may use content created and posted on fixmystreet.org.nz under a Creative Commons Attribution-Share Alike 3.0 New Zealand License.

Our rights

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on fixmystreet.org.nz and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

1. satisfy any applicable law, regulation, legal process or governmental request,
2. enforce the Terms, including investigation of potential violations hereof,
3. detect, prevent, or otherwise address fraud, security or technical issues,
4. respond to user support requests,
5. protect the rights, property or safety of fixmystreet.org.nz, its users and the public.

Security

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the fixmystreet.org.nz sever, or to any of the Services, by hacking, password “mining” or any other illegitimate means.

Personal Information

We respect your personal information and expect you to do the same regarding other users of fixmystreet.org.nz. Please see our Privacy Statement for how we collect and use your personal information.

We may send occasional technical messages by email

You agree that we may from time to time send you emails that relate to fixmystreet.org.nz (for example, emails explaining any important technical or practical issues affecting the operation of the site).

"As is"

Your access to and use of fixmystreet.org.nz or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon.

Sometimes fixmystreet.org.nz will be unavailable or your use will be limited because of maintenance or other work that is being undertaken.

We may, at our sole discretion, change, delete or remove the whole, or any part of, fixmystreet.org.nz at any time without notice to you.

Limited liability

All content that you may access through, or receive from, fixmystreet.org.nz whether publicly posted or privately transmitted, is the sole responsibility of the person who posted that content, except where the person is an officer or employee of Open NZ. Any use or reliance on any Content or materials distributed via fixmystreet.org.nz is at your own risk.

We, and our suppliers, contractors, directors, officers, employees and agents (“Our Personnel”), will not be liable to you or any third party for any loss or damage to information or data, breach of security or privacy, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage.

Controlling Law and Jurisdiction

These terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.

How we update these terms

We may revise these Terms from time to time, the most current version will always be at http://fixmystreet.org.nz/terms. If the revision, in our sole discretion, is material, we will notify you via an e-mail to the address associated with your account. By continuing to access or use fixmystreet.org.nz after those revisions become effective, you agree to be bound by the revised Terms.

Last updated: 13 September 2010.