Welcome to our terms. Our terms are designed to provide you with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services.

Terms of Use and House Rules

Introduction

Our services are provided by and maintained by us for your personal entertainment, information and communication.

Your agreement with us includes these terms of use and in addition our:

House Rules, which sets out our approach to community interaction and how we moderate your content, such as comments made in relation to our articles; and

Privacy Policy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and information about how your use of our services is monitored so that we are able to improve your user experience. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.

Accessing our services

Modifications

We may, at our discretion change, remove, suspend or discontinue any aspect of our services at any time including the availability of any content (e.g. a community forum may be withdrawn).

Using our services

Our content

Our content, trade marks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in our or our licensors’ intellectual property whether for commercial or non-commercial use.

We grant our users a licence to access and use our services and intellectual property rights (subject to your ability to access our services as set out above) and to the following usage restrictions:

(a) you may use our services for personal, private and non-commercial purposes; and

(b) you must not commercially exploit, or sell any content appearing on our services (this does not apply to any user content posted by you and in which you retain ownership rights – see paragraph on user generated content below).

In consideration for the rights that we have granted you under these terms of use, you permit us to provide advertising and other information to you, including permitting our third party affiliates to do the same.

Third Party Content

Third party content included as part of our services, is licensed to you either under these terms of use or through such third party terms and conditions that will be made known to you as and when they become relevant (e.g. if you use localoddjobs.co.nz you may be required to accept additional terms and conditions before you can use these services).

Costs of using our services

We provide our users with a variety of services. To benefit fully from our services, we may occasionally require you to download our content and/or call our service providers. If there are charges associated to any of these services, we will make it clear before you incur any such charges and you will be responsible for any charges incurred from that point on.

Changes to our terms

At any time, we may amend these terms of use to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services, so please ensure that you check our terms of use frequently. By continuing to use our services after any changes are made, you are accepting those changes and will be bound by them. If we make any important changes to our terms of use, we will notify you and make it clear what important changes have been made.

User generated content

Users of our services may submit, post and/or upload content (including comments and pictures) to various parts of our services. In posting your content on our services, you confirm to us that you are the owner or have the consent from the owner to post the content and it does not violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.

By submitting content, you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any of the content that you post on or in connection with our services. We do not claim any ownership rights in your content and you continue to retain all ownership rights in your content.

By submitting content, you also warrant that you have read and agree to our House Rules which are incorporated in these terms of use and govern all interactions with us.

We do not endorse your content, or the content of journalists that submit items. We do not guarantee the accuracy or authority of your content. We reserve the right to remove your content, at any time and for any reason, in accordance with our House Rules.

If you believe that your rights have been infringed in relation to your content or that your content posted by other users is in breach of these above rules, contact us with details of the complaint and we will investigate.

Disclaimer

We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information we provide will always be 100% accurate.

Whilst we take every care to ensure that all information is accurate and complete, some of it is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.

Although we will do our best to ensure that our service is fully operational at all times, we are not responsible for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.

Under no circumstances shall we be responsible for any loss or damage resulting from use of our services or from any content posted on or through our services. However, we will not limit or exclude our liability for death or personal injury caused by our negligence in providing our services.

Limitation of our liability to you

You agree that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services.

The law that governs our services

These terms of use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of New Zealand and will be subject to the exclusive jurisdiction of the New Zealand courts.

Other information

In these terms of use the following words and expressions will have the following meanings:

Our content means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials that we post on or through our services.

Third party content any text, files, images, photos, graphics, video, sounds, musical works, or any other materials posted on or through our services by our third party partners.

Us, our, we means Local Stuff.

Your content means any text, files, images, graphics, photos, video, sounds, musical works, or any other materials that a user posts on or through our services.

Part 2 – House Rules

In addition to the terms and conditions set out above, you agree to use the services in accordance with our house rules (House Rules) that we specify in relation to a service. All such House Rules shall form part of our terms of use. Please contact us with any questions regarding these House Rules or our terms of use.

You must be 18 or over to use our services. If you are under 18, please stop using our service.

We ask that you respect each other. In areas of our site where you can express yourself or interact with others, we ask that you stick to what is legal, tasteful and civil.

Our service is about local community. We want to engage them and hear their views and we ask for their participation and vigilance. If you see something that has been posted by another reader and that you think is inappropriate, please let us know right away via the “Report content” link.

We ask that you do not post any content that:

is racist, homophobic, sexist, or demeaning to either sex, abusive, sexually explicit, pornographic, of a disturbing nature or that preaches, encourages or incites religious or ethnic hatred, or links to websites that promote the same;

breaks the law or condones, encourages or provides instructions for illegal or otherwise harmful activities; prejudices pending or on-going criminal or civil court proceedings;

makes defamatory comments about others; infringes copyright or other intellectual property rights;

reveals personal details about another person, such as their surname, address, contact numbers, email address or other identifying information or breaches data protection law;

uses swear words or other language that is in any way unlawful, threatening, offensive, or in breach of any obligations of confidence or attempts to circumvent profanity filters in order to use swear words;

promotes commercial products or enterprises or repeatedly posts links to promote other sites and/or services; or

is an image of a child under 18 (for further detail, please see below).

In addition, we ask that you do not use our services to carry out any activity prohibited by our terms of use, including by way of example to:

harass, threaten or attack anyone or otherwise behave in any way that would cause annoyance or distress to others;

flood or “spam” our services or those who post content through our services;

upload, post or otherwise transmit material that contains software viruses or any other computer code, files or programmes designed to corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to Local Stuff;

transmit or knowingly receive information relating to (or include links to) pornography, pirated software and/or computer games or other counterfeit goods;

collect and/or distribute personal data concerning other users;

impersonate another person, whether a friend, family member, celebrity, moderator, another user of our services or an employee of any member of the Local Stuff group.

The following is also prohibited:

use of multiple logins for the purpose of disrupting the community or annoying other users of our services;

unauthorised access to the website, user accounts, computer system or networks connected to the Local Stuff website and related websites via hacking, password mining or any other means;

posting content in languages other than English and Maori;

use of offensive or inappropriate screen names; or

deliberate misuse or spamming of the complaints facility.

We reserve the right to remove from our services, without notice and at our sole discretion, any content that we consider inappropriate. We may also ban, block or delete any user accounts if, according to our sole judgement, their owners or users of our services have infringed our terms of use, any relevant House Rules or are using our service in a manner that we consider inappropriate.

How we moderate

We moderate all listings, posts and entries. If you want to reach them to report offensive contributions, always use the inappropriate content reporting link, which can be found next to any entry created. We ask that you always log in to file these reports. This ensures that we know the exact location of the content complained about, and it helps us prevent campaigns that target individuals anonymously.

When reporting about another person’s contribution, please make sure you state why you think it breached our terms of use or House Rules. Disagreement with someone’s views is not a reason to report them.

When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but rest assured that all complaints will be checked promptly and professionally.

In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our terms of use or House

Rules, or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.

Images of children are strictly regulated on our service. We allow them but must ensure that they comply with strict guidelines, including that they should not be sexualised in any way, and that they are posted by the child’s immediate family. In many cases we find that parents or relatives upload pictures of their children in good faith, unaware that these might be copied and misused, or that there are privacy issues around their use on the internet. We remove them in the best interest of the child, and to protect the parents. Unfortunately, we can’t always tell for sure if a picture is that of a minor and, when in doubt, we’d rather err on the side of caution.

We may amend the House Rules or any of our terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your use of our services.