Terms and Conditions
Overview
Application
These terms set out the conditions for use of this website, {{insert URL}}, and the Creative Economy Bridges project.
About us
The Latin America Centre of Asia-Pacific Excellence is hosted by Te Herenga Waka – Victoria University of Wellington and supported by the University of Auckland, Otago University, and University of Waikato. We are funded through the Tertiary Education Commission. In these terms, “we” or “us” means Te Herenga Waka – Victoria University of Wellington.
This website
This website showcases international collaborations realised in partnership between New Zealand and Latin America-based creative practitioners, businesses, institutions, organisations, agencies, and academics. All rights are retained by their creators. Showcasing a collaboration does not imply endorsement of a creative work, its creators or its website; we do not accept any responsibility for the accuracy or content of external web sites.
Website users
Copyright
Except where expressly noted otherwise, all material on this website is protected by copyright owned by us, our related entities, or our licensors (including the owner of a showcased collaboration). You must not copy or reproduce any material on this website without the express permission of the copyright owner.
Disclaimer
We have endeavoured to ensure that all information on this website is accurate and up to date. However, such information is subject to regular review and can change without notice. We make no warranty or representation regarding the accuracy of this information and do not accept any liability or responsibility for the accuracy or content of this information.
Showcased collaborations
Application
We may invite you and/or one or more of your collaborations to be showcased on this website. If you agree to be showcased on this website, the terms in this clause will apply.
Ownership and permissions
You retain ownership of all intellectual property rights in your collaboration. You give us permission to:
reproduce copies of your collaboration on this website;
link to your website(s) and/or your social media accounts;
prepare a summary or outline of your collaboration (for example, the background to the collaboration, interesting features of the collaboration, etc.); and
include reference to the showcase in our newsletter and social media posts.
Showcase conditions
In showcasing your collaboration, we will:
attribute the collaboration in accordance with your instructions (for example, the appropriate name of the author); and
provide a link to your or the collaboration’s website and/or social media accounts.
Removal by you
You may ask us to remove your showcased collaboration at any time in your sole discretion. We will remove it from our website reasonably promptly and stop promoting it in our newsletter and social media posts. To avoid doubt, we do not need to remove references from already published newsletters or social media posts.
Removal by us
We may remove your showcased collaboration at any time at any time in our sole discretion. We will endeavour to provide you notice of this removal but are not obliged to.
No fees
This is a public benefit initiative. Neither of us will be obliged to pay any money to the other in association with a showcased collaboration.
No advertising
We may publish news or announcements of interest to our community (for example, notice of an upcoming exhibition by one of our showcased creators), but will not accept sponsored, promoted or paid-for advertisements or posts.
Non-exclusive
All showcased collaborations are non-exclusive. This website may showcase other collaborations, and you may feature your collaboration on other websites.
IP warranty
You warrant to us that you are the owner of any showcased collaboration and are entitled to grant the permissions in this clause.
Other terms
Mutual warranties
We each warrant that we have full power and authority to enter into and perform our obligations under these terms which, when agreed, will constitute binding obligations on the warranting party. Each of us warrants that the person that actually agrees to these terms is authorised to do so.
Indemnity
You indemnify us on a full indemnity basis, against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses (including fines, penalties, legal and other professional costs) that we incur or suffer, as a direct or indirect result of you breaching a material provision of these terms.
Unrecoverable loss
Neither of us is liable to the other under or in connection with these terms or this website for any:
loss of profit, revenue, savings, business, use, data, and/or goodwill; or
consequential, indirect, incidental or special damage or loss of any kind.
Mitigation
Each of us must take reasonable steps to mitigate any loss or damage, cost or expense we may suffer or incur arising out of anything done or not done by the other under or in connection with these terms.
Disputes
If any claim or dispute arises between us as to anything in connection with these terms, the dispute will be resolved in accordance with this clause:
Good faith discussions. Either of us may give notice to the other specifying the scope and nature of the dispute. Both parties will then discuss the dispute and will negotiate in good faith to resolve the dispute.
Arbitration. If we do not resolve the dispute by good faith discussion within ten working days, then either of us may refer the dispute to arbitration in accordance with the Resolution Institute Arbitration Rules. The arbitrator will be selected by the Chair of the Resolution Institute unless both parties agree on another arbitrator.
Termination
We may terminate these terms and/or remove the website at any time in our sole discretion. The clauses dealing with the following matters, together with any other clauses that, by their nature, are intended to survive the termination of these terms, continue to apply to each of us following termination:
ownership and intellectual property
liability and indemnity
dispute resolution
Electronic notices
All notices under these terms may be given electronically.
Force majeure
Neither of us is liable to the other for any failure to perform our obligations under these terms to the extent caused by force majeure or other extraordinary event beyond the control of a party, provided that the affected party:
immediately notifies the other party and provides full information about the event;
uses best efforts to overcome the event; and
continues to perform its obligations to the extent practicable.
Governing law
These terms are governed by New Zealand law and we both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
No waiver
A failure, delay or indulgence in exercising any power or right under these terms will not amount to a waiver of such power or right. An exercise of any power or right under these terms does not affect the right to exercise that power or right again, or exercise other powers and rights under these terms.
Rights of third parties
No person other than you and we have any right to a benefit under, or to enforce, these terms.
Severability
If any part of these terms is found illegal, void or unenforceable, the remaining parts of these terms will remain in full force.
Updates and changes
We may update or change these terms at any time. If any change is required (in our sole opinion) to secure any customer information or any computer system, or to comply with any change of law, we may make such change immediately. All other changes will be effective 30 days after the terms are updated.