Terms and Conditions

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Contents

Accounts, Passwords and Security

You can use eHive™ as a User without registration, or you can register and create an account name and password as an Account Holder.

As a User you can

  • browse and search publicly available content
  • post tags and comments.

As an Account Holder, you can

  • create and publish content
  • browse and search publicly available content and your own content
  • change your content and account settings, and save your preferences and favourites
  • set your account security to enable viewing of your content by others.

An Account Holder can be an individual person or an organisation.

You are responsible for choosing a secure password and keeping it secure. If you share it with any third party you do so entirely at your own risk.


Intellectual Property Rights

Publishing Content

You may only publish content which you hold the right to publish electronically. By publishing any content on this Site you confirm you hold the relevant copyright and have the right to use any trademarks used in connection with it.

You indemnify VSL from all or any costs arising directly or indirectly from legal proceedings, or the threat of legal proceedings, by the rights’ holders in the event you do not hold the rights to content you have published on the Site.

Using Published Content

Content published on the site may include a Copyright Statement as attached by the relevant Account Holder. You agree to abide by the terms of all attached Copyright Statements.

If you wish to use published content which has no Copyright Statement, or your use is outside the terms of an existing/attached Copyright Statement, you must first obtain the consent of the copyright holder unless your intended use is within the definition of permitted use in current copyright legislation.

If you breach Copyright

If as an Account Holder you breach any of the terms above, VSL can suspend or close your account at VSL’s complete discretion, including if it receives an infringement notice from a claimant of the copyright in the content published by you.
If as a User you breach any of the terms above, the relevant Account Holder has the rights to take whatever proceedings are necessary.

Grant License to VSL

By publishing any content on this Site, you grant VSL a worldwide license to display that content on its Site, and to take any digital copies of that content necessary to enable it to be displayed on the Site and stored on VSL’s server.


General Terms

Your responsibilities

  • You will not harass, abuse, threaten, defame, intimidate or impersonate any eHive™ user.
  • You will not use eHive™ for any unauthorised or illegal activity – including impersonating any other individual or organisation.
  • You will not use your account in any way which is unlawful, abusive, obscene, harmful, defamatory or invasive of another’s privacy.
  • You will not do anything that may inhibit other users’ ability to use the Site, including (but not limited to) transmitting worms or viruses to the Site.
  • You will not do anything which interferes or disrupts the service or servers/networks connected with eHive™.

VSL’s responsibilities

  • VSL does not guarantee that the eHive™ service provided will be uninterrupted, the service is provided on an “As available” basis.
  • VSL does not warrant the accuracy or completeness of any information on eHive™.
  • The fact that any product or service is advertised by a third party on eHive™ does not imply any warranty, endorsement or connection in trade with VSL.
  • VSL does not have any liability whatsoever, including in negligence, for any damage to your computer systems or corruption and loss of data resulting from use of eHive™, including but not limited to any bugs, viruses or Trojan programmes, and including any consequential loss or damages flowing from any such damage whether or not foreseeable by VSL.
  • If VSL becomes aware of security breach it will attempt to contact you, but will not be liable in any way if it is unable to do so.
  • VSL may update these terms and conditions of use at any time and will put a notice on the Site to that effect. If you continue to use the Site after such a notice has been posted, you do so subject to the updated terms and conditions.

Removing Content and Closing Accounts

VSL may close your account in any of the following circumstances:

  • You do not comply with these terms and conditions.
  • You do not comply with the Intellectual Property rights provisions as outlined in this document.
  • Your account is in arrears for over 30 days, or your account is inactive for more than 12 months. VSL will attempt in all cases to notify you before closing your account due to non-payment and inactivity but will not be liable in any way if it fails to do so.

Links to eHive™

  • VSL grants you permission to provide a link to the eHive™ page provided you use the name “eHive™” or the URL www.eHive.com to identify the link.
  • If you choose to provide a link to eHive™, VSL does not guarantee that the URL to which you have linked will remain current and active, and will not be responsible for any loss, damage, liability, costs or otherwise arising from the link.
  • You may not use the following logos without the consent of VSL:

             Image:EHive_logo_sml.jpg  Image:Logo_rgb_size04.gif


Jurisdiction

Your use of the site is governed by New Zealand Law. You submit to the exclusive jurisdiction of the Courts of New Zealand.

Any legal proceedings you wish to bring against VSL arising from the Terms and Conditions of Use must be filed in the relevant New Zealand Court and served on VSL within 12 months of the date the cause of action accrues.

Privacy

What information is collected?

  • VSL collects the information you provide to it and does not collect information about you from third parties.


What information may be disclosed to third parties?

  • Any information you choose to be published in eHive™ will be made available to the public.
  • Where you choose to make content available to the public, VSL accepts no responsibility whatsoever for the use that may be made of that information by VSL or third parties.
  • If you do not choose to publish any of your content, VSL is not liable if a third party obtains access to your information, although VSL agrees to take reasonable measures, both physical and technical, to prevent this from happening.
  • VSL will not give or sell any information which identifies you to any third party for marketing or promotional purposes.
  • VSL may disclose your information to a third party if required to by any court order, or in response to a legitimate claim or complaint.
  • In the event the eHive™ business is transferred to a third party, your information may be disclosed to third parties as relevant and reasonably necessary for the parties to evaluate the business and/or effect the transfer.

Payment and Refund Policy

Products and Services

  • eHive™ Entry Level accounts are provided free of charge. You are not required to renew your subscription to Entry Level accounts, as this will be done automatically for you.
  • All other account levels are available on a subscription basis. Subscriptions may be purchased on an annual basis, or in a five-year cycle. Refer to Levels of Accounts for current pricing details.
  • Account subscriptions and upgrades are priced in US dollars. You will be charged in US dollars unless you are a New Zealand resident.
  • New Zealand residents will be charged in NZ dollars. The current exchange rate, as available on [1] will be used to calculate the charges from US to NZ dollars. The amount in NZ dollars will appear on your Tax Invoice/Receipt.
  • New Zealand residents will be charged a 12.5% Goods and Services Tax (GST). Published prices for account subscriptions and upgrades are exclusive of GST. GST will be itemised on your Tax Invoice/Receipt.
  • Subscription dates run for one year (or five years) from the date of purchase.
  • When you are due to renew your subscription, we will email you a reminder to the email address you provided when you created your account. You will receive notices 30 days, 10 days and 1 day prior to your renewal date. You will also be able to view these notices when you sign in to your eHive™ account.
  • You can upgrade your account to a higher level at any time. The higher level accounts provide additional storage space so you can create more content and upload more images.
  • Additional details on products and services are available on ehive.com
  • We reserve the right to change the pricing and availability of products at any time. Refer to Levels of Accounts for a current price list.

Payment Policy

  • The purchase of products and services on ehive.com constitutes a legal agreement between you and Vernon Systems Ltd. By accepting the eHive™ Terms and Conditions, you have agreed to the terms set out in the Payment and Refund Policies.
  • You agree for Vernon Systems Ltd to charge your credit card, using the details that you provide. Only Visa and Master Card will be accepted as valid forms of payment.
  • You are responsible for providing a valid credit card, and for paying the charges that are billed to that credit card.
  • Vernon Systems Limited does not store any of your credit card details in any form. As such, you will be required to enter your credit card details each time you make a purchase.
  • By electronically submitting your credit card details, you are stating that you are authorised to make the purchase with the credit card you specify.
  • Billing to your credit card occurs at the time of purchase, or shortly thereafter. The transaction will appear under the merchant name of Vernon Systems Ltd. Details of the charges will appear on your Tax Invoice/Receipt.
  • If your purchase has been declined due to credit card issues, please ensure that all data is correct and resubmit your order. If the transaction is not accepted, you will be unable to use that credit card for your purchase and should use another card.
  • Vernon Systems Ltd is not responsible for typographic errors that affect your purchase.
  • For assistance with payment enquiries, please contact us at orders@ehive.com
  • Vernon Systems Limited reserves the right to alter the Payment Policy at any time. All changes will be noted in the Payment Policy at the time of the change.

Late Payment and Non-Payment Policy

  • If you fail to renew your account subscription on or before the due date, your account will be downgraded to an Entry Level account. This means that you will only be able to access the amount of content available in an Entry Level account. VSL will randomly choose content and images to fit within the storage limit of the Entry Level account. Content and images that exceed that amount will not be available until you renew your subscription.
  • You will have six months from the expiration of your subscription to rectify your overdue account. If you renew your subscription within this six month period, you will regain access to your content and images.
  • When you renew your account, you will receive a new subscription anniversary date. Your new subscription date will run for one year from the date of renewal.
  • If you do not renew your subscription, you will receive an email notice 30 days (one month) after your subscription due date. This notice will be sent to the email address you provided when you created your eHive™ account. This notice will inform you that all content and images that exceed the Entry Level account limit will be permanently deleted if you do not renew your subscription within 150 days.
    You will continue to receive a subscription reminder each 30 days (one month) until you renew your subscription or the six month grace period elapses. The final notice will be sent to you one day before the six month deadline.
  • All content that exceeds the Entry Level account limit will be deleted if you do not renew your subscription on or before the six month deadline.

Refund Policy

  • You may request a refund within 30 days of the purchase date. All refund requests should be emailed to refund@ehive.com
  • Proof of purchase is required in order to process a refund. You will need to provide your Tax Invoice/Receipt Number.
  • We reserve the right to verify your account and purchase details before issuing a refund.
  • The refund will be issued within 15 business days of our receiving and approving your refund request.
  • The refund will be credited to the credit card that was provided during the payment process.
  • Refund details will be available in your Payment History.
  • Vernon Systems Ltd reserves the right not to issue a refund.


Definitions

“Account Holder” – The person or entity named in the Your Details section of the Site.

“Content” – Text and uploaded images on the Site.

“Copyright Statement ” – a statement posted on the site in relation to any content setting out any terms or conditions set by the copyright holder for the use of that content.

“eHive™” – eHive™ is a web based collection management system designed for museums, galleries, archives, private collectors and other entities that manage, own or are guardians of cultural heritage. The management system is hosted by VSL and accessible via the World Wide Web at URL www.ehive.com

“Posting Content” – Posting comments and/or tags on the Site content.

“Publishing Content” – Making your account content publicly available on the Site so that it can be viewed by any users.

“Site” – The URL www.ehive.com and any pages accessible to you through that URL with the URL beginning www.ehive.com.

“Third party” – Anyone other than you, as Account Holder or User, and VSL.

“User” – The person accessing the Site to browse and search, and post tags and comments.

“VSL” – Vernon Systems Limited, a company incorporated in New Zealand.

“You” – the person accessing the Site.


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