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Conditions of use for National Museum of Australia (the Museum’s) websites including www.nma.gov.au (corporate website) and www.digital-classroom.nma.gov.au (Australia’s Defining Moments Digital Classroom website). ABN 70 592 297 967

This is the full list of conditions that apply to your use of the websites, including interaction with and any contributions you make to the websites.

1. General

These conditions apply to your use of, including interaction with and contributions to, all parts of the Museum's websites. Additional terms may apply to the use of the Australia's Defining Moments Digital Classroom website and purchases made via the Museum’s online shop.

In using or submitting a contribution to the websites, you acknowledge that you have read and understood these conditions, you agree to comply with these conditions, and you warrant that your use of the websites and your contributions fully comply with these conditions.

We may amend these conditions at any time, in which case you must comply with the changed conditions which we publish on the websites. You should check to see if these conditions have changed before using the websites.

2. Contributed content

The following conditions apply to any contributions you make to the Museum's websites or other websites managed by the Museum. These contributions include submitted photos, videos, audio, stories or comments.

Contributions you make to the corporate website or other websites managed by the Museum may be made available on social media or other websites that can be read and used by anyone.

Contributions you make to the Australia's Defining Moments Digital Classroom website will not be used outside the Australia's Defining Moments Digital Classroom website without the consent of you or your parent/guardian if applicable.

You are legally responsible for all contributions you make to the websites and must ensure that:

a. 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

b. to the best of your knowledge your contribution is truthful and accurate

c. any contribution made by a child has been supervised by an adult and, where appropriate, you have obtained the consent of a parent or guardian of a child whose information has been included in your contribution

d. where your contribution uses images or material from any feature of the websites that you do not alter or distort those images or material

e. material you submit does not contain links or files that contain viruses or could harm the Museum’s software or technology

f. your contribution does not promote, distribute or endorse commercial products or activities or solicit business, and

g. your contribution is not of nuisance value, inappropriate, irrelevant, vexatious or deliberately misleading or false as to its origin, authorship or otherwise.

You 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 websites and any negligence by you.

You should save a back-up copy of your contribution before you submit it to the websites. Once it is submitted you may not be able to edit, copy, save or retrieve it in any way. While we will endeavour to provide you with a copy of your contribution to our websites where reasonably possible, it may not always be reasonably possible for us to do so, and the Museum does not take any responsibility for its loss due to server outage, technical difficulties or otherwise.

Contributions to the websites 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 websites.

All material submitted to or stored on the websites (other than the Australia's Defining Moments Digital Classroom 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 also reserves the right to publish all contributions online and without review, immediately after they are submitted.

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 websites. The Museum will in its absolute discretion consider requests for removal of content on the websites, however the Museum does not guarantee that such requests will be accepted.

3. Copyright

You grant the Museum at no cost, a perpetual, irrevocable, royalty-free and licence-fee free, worldwide, non-exclusive licence (including a right of sub-licence) to use, reproduce, copy, modify, adapt, publish, communicate and exploit, whether online or otherwise, any material that you contribute to the corporate website or other websites managed by the Museum (but excluding the Australia's Defining Moments Digital Classroom website), in any format or compilation, without attribution of authorship, for any purpose, at the Museum’s sole discretion.

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 websites, including permission for the Museum to use copyright material and to permit the Museum to use, reproduce, copy, modify, adapt, publish, communicate, exploit and sub-licence 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 warrant that your contribution does not, and the Museum’s use of the material will not, infringe the author’s moral rights.

Your use of copyright material on the websites is subject to the Museum’s copyright notice

4. Privacy

Where your contribution to the websites includes personal information about you, you consent to the publication, use and disclosure of your personal information by the Museum for the websites, as the case may be and in accordance with the licence you provide under these conditions.

Where your contribution to the websites 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 in accordance with the licence you provide under these conditions.

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.

Any contribution, including any personal information contained within the contribution, posted to the Museum’s corporate website or other websites managed by the Museum (but excluding the Australia's Defining Moments Digital Classroom website) will be available worldwide via the internet.

The Museum acknowledges that intended users of the Australia's Defining Moments Digital Classroom website are primary and secondary school students and teachers. For this reason, personal information uploaded by users and contained within the Australia's Defining Moments Digital Classroom website is only accessible to the developer of the website, school administrators who provide students with access to the website, the user who uploaded the information, and any person with whom the user chooses to share their content.

The Museum’s Privacy policy includes information about what the Museum can do with your personal information and can be accessed from the footer of the main pages of the website, including the home page. Among other things, the Privacy policy details how you can access and correct your personal information, or make a complaint if you think the Museum may have breached your privacy.

Any contribution, including any personal information contained within the contribution, posted to the Museum’s website will be available worldwide via the internet. The Museum does not otherwise generally disclose personal information to overseas recipients, except where the Museum communicates with people overseas.

5. Access and use

Access to the websites may sometimes be interrupted by server outage or 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 websites.

The Museum reserves the right to make any changes to any part of the websites and to discontinue any page or feature without notice.

You must not collect or use any email addresses featured on the websites for any purpose other than that for which they are provided. You are not permitted to use these email addresses for marketing or inclusion on a database.

If you are accessing the websites from a country other than Australia then:

a. if the information on and terms of the websites satisfy the laws of that country, you may access and use the websites

b. if the content of the websites and these conditions do not satisfy the laws of that country, then the websites are not intended for your use and you are not permitted to use or make contributions to the websites or to make any purchase via the websites

c. if you use the websites, despite infringing paragraphs a or b above, you must indemnify the Museum for any loss or damage incurred by the Museum in connection with your use.

6. Disclaimer and liability

Material, opinions and views contributed by users of the websites 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 websites are 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. This statement does not apply to representations by the Museum in the course of supplying goods of services, including via its online shop.

Links from the websites 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.

To the maximum extent permitted by law, the Museum excludes all liability to any person for loss or damage of any kind (however caused, including by negligence) arising in relation to, from or relating in any way to the material on the websites and/or any use of the websites. Where any law imposes a guarantee in relation to these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, the Museum’s liability for breach of the guarantee will be limited to the maximum extent permitted by law.

Your use of the websites is governed by the laws of the Australian Capital Territory and in using the websites you submit to the exclusive jurisdiction of the courts of that Territory.

7. Citing or referencing our websites

The format for citing or referencing our websites or a web page in our websites includes the name of our organisation, the web page title, the URL and the date on which the websites or web page was viewed. Please note the web page title is italicised.

Website

National Museum of Australia, www.nma.gov.au, viewed 1 January 2020

National Museum of Australia, www.digital-classroom.nma.gov.au, viewed 21 October 2020

Web page

National Museum of Australia, Harvest of Endurance Scroll, nma.gov.au/explore/features/harvest-of-endurance, viewed 1 January 2020

National Museum of Australia, Explore the Virtual Museum, www.digital-classroom.nma.gov.au/virtual-museum, viewed 21 October 2020

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