New Terms

We have recently reviewed and updated our Metadata Contribution Terms (for DigitalNZ content partners) and the Developer API Terms.

New Metadata Contributor Terms (also available as Doc 61kb or ODT 85kb) - will become active from 31 January 2012
New Developer API Terms (also available as Doc 61kb or ODT 85kb) - will become active from 31 January 2012

The most significant change is that the new API will allow caching of metadata for up to 30 days.

These new terms will replace the current Content Contribution terms of use and the Developers' API Terms from 31 January 2012

Metadata contribution terms

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

“large thumbnail images” means thumbnail images made by DIA in accordance with clause 3(b) below that are larger than small thumbnail images;

"metadata" means any information (text, images or otherwise, including small thumbnail images but excluding large thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items;

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA; and.

“small thumbnail images” means thumbnail images in the size(s) provided by metadata contributors, whether the images themselves or hyperlinks to them.

Agreement to terms

2. Persons and organisations providing metadata to DigitalNZ are required to agree to these metadata contribution terms. Your contribution of metadata to DigitalNZ will be deemed to constitute your acceptance of these terms, forming a binding agreement with DIA. (We are happy to discuss them with you but please appreciate that they are standard terms that apply to all contributors.)

Intellectual property rights

3. When contributing metadata to DigitalNZ, you grant the Crown a non-exclusive and royalty free licence to:

(a) harvest, copy, cache and otherwise store the metadata and to publish the metadata in whole or part on DigitalNZ and in web feeds, email notifications and other data feed services;

(b) capture, reproduce and make available, on DigitalNZ, through the DigitalNZ Application Programming Interface (API) and in web feeds, email notifications and other data feed services, thumbnail images of the content items to which your metadata relates that are larger than the small thumbnail images; and

(i) queried, discovered, cached (temporarily stored on other machines and devices for not longer than 30 days) and connected with other data sources; and

(ii) utilised in third party websites and applications (whether desktop or mobile in nature),

all for non-commercial purposes.

4. To avoid doubt, DIA’s right to sublicense metadata, referred to in clause 3(c), does not extend either to large thumbnail images or to the more substantial content on your or third party websites to which the metadata relates.

5. When contributing metadata to DigitalNZ, you promise that:

(a) you have or your organisation has all relevant rights or permissions to contribute that metadata;

(b) your contributing the metadata and our use of it in the ways specified above will not knowingly infringe the intellectual property or other rights of any third party or amount to a breach of any obligation on your part; and

No harmful metadata

6. You must not contribute metadata that:

(a) contains or installs any virus, worm, malware, Trojan horse or other harmful or destructive software or code;

(b) is obscene or defamatory;

(d) is otherwise unlawful.

Moderation

7. We do not moderate metadata contributed to DigitalNZ. We reserve the right to suspend or remove access to the whole or any part of your metadata if we consider that you have breached these terms or if the metadata is otherwise unsuitable for DigitalNZ.

Attribution to source

8. We will provide clear attribution to the online source of each content item listed on DigitalNZ to which your metadata relates, in the context of each item, by:

(a) identifying the online source; and

(b) providing a hyperlink to the page on its website containing the content item.

Removal of your metadata

9. We will promptly remove your metadata from the DigitalNZ website at your request.

Revisions

10. We may amend these terms at any time on giving you 30 days’ notice. We will use reasonable endeavours to provide you with an opportunity to review any proposed changes prior to giving such notice.

Governing law

11. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

DigitalNZ API terms

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

DigitalNZ API means the DigitalNZ Application Programming Interface;

"metadata" means any information (text, images or otherwise, including thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items; for the purposes of these API terms, metadata also includes statistical information available through search queries using the DigitalNZ API; and

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA.

Agreement to terms

2. The DigitalNZ API enables people and organisations with API keys to retrieve DigitalNZ metadata. Persons and organisations wishing to use the DigitalNZ API are required to agree to these API terms prior to obtaining an API key. The terms constitute a binding agreement with DIA that governs your use of the DigitalNZ API.

Authority

3. If you are applying for an API key on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation.

Access and use rights

4. Upon your receipt of an API key, you may:

(a) access the DigitalNZ API; and

(b) copy, use and distribute metadata available through the DigitalNZ API for the purposes of your own websites and applications (whether desktop or mobile in nature), for non-commercial purposes, provided you comply with all requirements set out in these API terms. If you do not comply with these requirements, your limited licence under this clause will automatically terminate. Without limitation, your attention is drawn to clauses 8-10 (Live access and caching), 11 (Attribution), 12-13 (API calls) and 17 (Prohibited use).

Use and protection of API key

5. Your API key is personal to you and cannot be used by or transferred to any other person without DIA’s written permission.

6. You must keep your API key secure and confidential. If you believe that the security and confidentiality of your API key has been compromised, you must notify us as soon as possible at info@digitalnz.org

Password restricted site access

7. If you are displaying DigitalNZ metadata retrieved via the DigitalNZ API on or through a website or application that requires registration you must, on request by DIA or any metadata contributor, provide a logon to the website or application to DIA or the metadata contributor, without charge.

Live access and caching

8. Subject to clause 9 below, when you wish to serve DigitalNZ metadata to or through websites or applications, you are required to make real-time calls directly to the DigitalNZ API on each occasion and to display the retrieved data on or through those websites or applications as soon as possible upon your system’s receipt of the retrieved data. (The reason for this requirement is that DigitalNZ metadata is updated regularly.)

9. The only exception to the requirement in clause 8 above is where you wish to enable offline functionality for your website or application, in which case you may cache DigitalNZ metadata retrieved via the DigitalNZ API for up to 30 days.

10. If metadata is removed from DigitalNZ or is no longer able to be viewed by the general public, you must ensure it is removed from your website or application as soon as possible.

Attribution

11. If you display metadata retrieved via the DigitalNZ API on or through another website or application, you must:

(a) state that your website or application uses data sourced from DigitalNZ and include a link to http://www.digitalnz.org (you are welcome to use these logos: black and white; colour); and

(b) for each content item to which the metadata relates:

(i) identify the online source (i.e., the third party source of the content item, not DigitalNZ); and

(ii) provide a hyperlink to the page on the online source’s website containing the content item.

API calls

12. You must not make more than 3000 API calls per day, per API key issued to you, without written approval from DIA.

13. DIA reserves the right to increase or decrease this API call limit at its sole discretion.

Disclaimers

14. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with your use of the DigitalNZ API or the metadata accessible via the DigitalNZ API.

15. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

16. DIA will not be responsible for any disruption to DigitalNZ, the DigitalNZ API or for loss or corruption of any information whilst in transit or when downloaded onto any website or application from DigitalNZ or the DigitalNZ API.

Prohibited use

17. You must not use or attempt to use the DigitalNZ API or any DigitalNZ metadata or other content:

(a) in connection with or to promote any products, services or materials that are:

(i) viruses, spyware, malware or other malicious code;

(ii) tobacco, tobacco products or gambling; or

(iii) counterfeit goods;

(b) in any manner that is, or that promotes conduct that is, illegal or otherwise obscene, indecent, pornographic or objectionable; or

Indemnity

18. You agree to indemnify and hold DIA harmless for any loss, liability, claim, demand, damage or expense (including all legal fees on a solicitor-client basis) arising directly or indirectly from your breach of these terms of use.

Reserved rights

19. DIA reserves the right:

(a) not to grant an API key to any person at its complete discretion;

(b) to release new versions of the DigitalNZ API from time to time and require you to use the most recent version;

(i) acting contrary to these terms of use; or

(ii) providing a website or application that is enabling others to act in a manner that is either contrary to these terms of use or is bringing or could bring DigitalNZ, the National Library, DIA or any contributor of metadata to DigitalNZ into disrepute; and

(d) to otherwise terminate your access to, or discontinue, the DigitalNZ API at any time, for any reason and at its sole discretion.

Revisions

20. We may revise these terms of use at any time. Any such revisions will take effect once notified through a post on the site detailing the respect(s) in which the terms have changed.

Governing law

21. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.