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Terms of Use

1. By accessing AgResearch Heritage website ("the Site"), you agree to be bound by the terms and conditions appearing in this document ("the Conditions") and you accept our Privacy Policy.

2. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing here.

3. If you wish to register with the AgResearch Heritage website, you must enter via the "Log In" page on the register using our online registration process. In doing so you must agree to:
   i. provide true, accurate, current and complete information about yourself as prompted by the registration process and
   ii. maintain and promptly update the information to keep it true, accurate, current and complete.

4. You will also receive a login account upon completing the registration process. Irrespective of whether you choose to use the "remember me" function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to:
   i. immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security, and,
   ii. ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

5. We may alter these Conditions at any time and your use of the whole/any part of the Site. following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Site.

6. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Site with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site.

7. The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.

8. You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable New Zealand laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

9. You agree not to attempt any unauthorised access to any part or component of the Site; and you agree that in the event that you have any right, claim or action against any Site users arising out of that user's use of the Site, then you will pursue such right, claim or action independently of and without recourse to us.

10. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account, except to the extent that we have caused such claim, liability, damages, losses, costs or expenses.

11. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You may create a hyperlink to the Site subject to such hyperlink not portraying AgResearch, its licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by AgResearch as part of or in conjunction with the hyperlink. We reserve the right to remove any hyperlinks we consider unsuitable for any reason.

12. We have the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Site).

13. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

14. You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use and you may download any images (to a maximum resolution of 0.5 megapixels), digital recordings and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Please be aware that when you download an image, it is instantly impregnated with a digital 'watermark'. This watermark contains your unique ID and cannot be removed. We monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from images originally downloaded from the Site. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to:
   a) suspend your user accounts, including any outstanding credits, and,
   b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.

15. You should assume that everything you see and read on the Site is copyrighted unless otherwise noted and may not be used except as provided by the Conditions.

16. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Site.

17. You expressly agree that your use of, or inability to use any services provided on the Site is at your sole risk. All images and Digital Recordings provided via the Site are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

18. We do not represent or guarantee that any service provided via the Site will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

19. We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Site through a third party's hypertext link.

20. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under New Zealand law where or insofar as such rights cannot be derogated from by contract.

21. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

22. These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

23. We reserve the right to change options relating to downloadable content from the Site without prior notice.

24. You shall be authorised, to the extent permitted by law, to use, burn and export digital downloads only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a download to you does not transfer to you any commercial or promotional use rights in the product.

25. These Conditions will be exclusively governed by and construed in accordance with the laws of New Zealand whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

26. For assistance with obtaining permission for hi-resolution images or other enquiries please contact us by clicking here.