Conditions of use
National Museum of Australia (the Museum's) website www.nma.gov.au
(ABN 70 592 297 967).
This is the full list of conditions that apply to your use of this website, including interaction with and any contributions you make to the website.
1. General conditions
These conditions apply to your use of, including interaction with and contributions to, all parts of this website.
1.1 Website access
Access to the website may sometimes be interrupted by server outage and technological problems. While the Museum will make reasonable efforts to ensure continuous online availability, the Museum does not take responsibility for any inconvenience or consequences arising from inability to access any part of the website.
The Museum reserves the right to make any changes to any part of the website and to discontinue any page or feature without notice.
1.2 Using email addresses featured on the website
You must not collect or use any email addresses featured on the website for any purpose other than that for which they are provided. You are not permitted to use these email addresses for marketing or inclusion in a database.
Material, opinions and views contributed by users of the website reflect the views and opinions of individual contributors or third parties and are not the Museum's views.
While the Museum endeavours to ensure that the website is accurate and up to date, no responsibility is accepted for errors or omissions and the Museum recommends that you exercise your own skill, judgement and care with respect to its use.
Links from the website to external websites are provided for convenience only and do not constitute endorsement by the Museum of any material found at those sites.
The Museum does not take any responsibility for the operations of links to external websites or for the content, accuracy or legality of material on any external websites.
1.4 Exclusion of liability
The Museum does not accept any liability arising in connection with any material contributed to the website by any users or third parties, including liability for defamation, copyright infringement, infringement of moral rights, breach of privacy or inaccurate or incomplete material.
To the fullest extent permitted by law the Museum excludes all terms, conditions, warranties and representations (express or implied) in relation to your use of the website.
The Museum will not be liable for any indirect, incidental, special and/or consequential losses or damages or loss of profits whatsoever (including arising from any act or omission by the Museum) in connection with your use or inability to use the website, or any material or information derived from the website.
To the extent permitted by law the Museum excludes all conditions and warranties that may be implied, and limits the Museum's liability for breach or any warranty or condition which cannot be excluded, at the Museum's discretion to resupply of the goods or services (or equivalent) or payment of the cost of having the goods or services resupplied.
1.5 Governing law and enforceability
Your use of the website is governed by the laws of the Australian Capital Territory, and any legal action relating to the website will be conducted in the jurisdiction of the courts of Australian Capital Territory or the Federal Court of Australia.
Any and all legal proceedings arising out of or in connection with this website shall be conducted in the Australian Capital Territory.
1.6 Access from countries outside of Australia
If you are accessing the website from a country other than Australia then:
- if the information on and terms of the website satisfy the laws of that country you may access and use the website
- if the content of the website and these conditions do not satisfy the laws of that country then the website is not intended for your use and you are not permitted to use or make contributions to the website or to make any purchase via this website
- if you use the website, despite infringing clause 1.6 (1) or 1.6 (2) above, you must indemnify the Museum for any loss or damage incurred by the Museum in connection with your use.
Comments and concerns
We welcome feedback and will promptly attend to any concerns or complaints.
You may contact the Museum on firstname.lastname@example.org
2. Obligations of contributors
These conditions apply to any contributions you make to the website, such as submitting photos, stories, comments in blogs or other social networking tools.
2.1 Your contributions
You should save a back-up copy of your contribution before you submit it to the website. Once it is submitted you will not be able to edit, copy, save or retrieve it in any way and while, where reasonably possible, we will endeavour to do so, the Museum may not be able to provide you with a copy of your contribution and does not take any responsibility for its loss due to server outage, technical difficulties or otherwise.
You are legally responsible for all contributions you make to the website and must ensure that:
- your contribution does not breach any law (including confidentiality, copyright or moral rights), does not depict extreme violence, is not pornographic, defamatory, racist, obscene, offensive or discriminatory and is not intended to intimidate or harass another person or organisation. If this type of content is detected it will be immediately and without notice to you referred to the police. The Museum will provide all assistance to police which may be necessary to identify any person connected with uploading such material.)
- to the best of your knowledge your contribution is truthful and accurate
- any contribution made by a child has been supervised by an adult
- where your contribution uses images or material from any feature of the website you do not alter or distort those images or material in anyway where to do so would be illegal
- material you submit does not contain links or files that contain viruses or could harm the Museum's software or technology
- your contribution does not promote, distribute or endorse commercial products or activities or solicit business, and
- your contribution is not of nuisance value, inappropriate, irrelevant, vexatious or deliberately misleading or false as to its origin, authorship or otherwise.
2.2 Personal information
'Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.' Privacy Act 1998 (Cth).
2.3 Personal information about you
Where your contribution to the website includes personal information about you, you consent to the publication, use and disclosure of your personal information by the Museum for the website, as the case may be and in accordance with the licence you provide under clause 2.7 below.
2.4 Personal information about other people
Where your contribution to the website includes personal information about someone else, you guarantee that you have received the consent of that person or those people to the publication, use and disclosure of their personal information by the Museum for My Museum purposes and in accordance with the licence you provide under clause 2.7 below.
2.5 Your liability to the Museum
The Museum will rely on your guarantee that you have received consent from all people whose personal information is included in your contribution to the website. The Museum will hold you wholly responsible for authorising the Museum to publish, use and disclose that information.
The Museum's privacy statement includes information about what the Museum can do with personal information about you and can be accessed from the footer of the main pages of the website, including the home page. You must read the privacy statement as its terms apply to your use of the website.
2.6 Copyright and licence
Please note: literary and artistic material is generally protected by copyright. This can include material you contribute to the website.
Where you contribute material in which you do not own the copyright, you guarantee that you have permission from the author to contribute and publish their material on the website, including permission to use copyright material and permit the Museum to reproduce, publish and exploit that material in accordance with the licence you grant the Museum under these conditions.
Under the Copyright Act 1968, creators of copyright material have moral rights to be identified with their work, not to have authorship falsely attributed and not to have their work subjected to derogatory treatment. You guarantee that your contribution does not infringe the author's moral rights.
You grant the Museum at no cost, an irrevocable, worldwide, non-exclusive licence to reproduce, publish and exploit, whether online or otherwise, any material that you contribute to the website (including your personal information and personal information about other people), in any format or compilation, without attribution of authorship, for any purpose related to the website, as reasonably determined by the Museum at the Museum's sole discretion.
2.8 Your indemnity
You must indemnify the Museum for any loss to the Museum or any third person arising from your breach of these conditions, any contribution you make to the website and any negligence by you.
2.9 Publication of your contributions
Contributions to the website may be reviewed by the Museum moderator according to the conditions of use and the Museum's policies from time to time, to determine their suitability for publication or storage on the website.
All material submitted to or stored on the website may be published or stored at the Museum's sole discretion and may be edited or deleted without notice. The Museum's decisions will be final and no discussions will be entered into.
The Museum may notify the police or any regulatory or investigative authority at any time and without notice about any material submitted to or stored on the website.
Contributions you make to the website may be made available on the internet and can be read and used by anyone.
The Museum reserves the right to publish all contributions online and without review, immediately after they are submitted.
2.10 Requests for removal of contributions
The Museum will in its absolute discretion consider requests for removal of content on the website, however the Museum does not guarantee that such requests will be accepted.