Vernon Systems are the developers of eHive. Our website, eHive.com, is used by museums, societies and individuals around the world to catalogue and share their collections online.
Accounts, passwords and security
You can use eHive as a User without registration, or you can register and create an account name and password as an Account Holder.
As a User you can:
- browse and search publicly available content.
post tags and comments.
As an Account Holder, you can:
- create and publish content.
- browse and search publicly available content and your own content.
- change your content and account settings, and save your preferences and favourites.
- set your account security to enable viewing of your content by others.
An Account Holder can be an individual person or an organisation.
You are responsible for choosing a secure password and keeping it secure. If you share it with any third party you do so entirely at your own risk.
Intellectual Property rights
Publishing Content
You may only publish content which you hold the right to publish electronically. By publishing any content on this Site you confirm you hold the relevant copyright and have the right to use any trademarks used in connection with it.
You indemnify VSL from all or any costs arising directly or indirectly from legal proceedings, or the threat of legal proceedings, by the rights’ holders in the event you do not hold the rights to content you have published on the Site.
Using Published Content
Content published on the site may include a Copyright Statement as attached by the relevant Account Holder. You agree to abide by the terms of all attached Copyright Statements.
If you wish to use published content which has no Copyright Statement, or your use is outside the terms of an existing/attached Copyright Statement, you must first obtain the consent of the copyright holder unless your intended use is within the definition of permitted use in current copyright legislation. All content on eHive is accompanied by a Copyright Licence, with the default being ‘All Rights Reserved’.
If you breach Copyright
If as an Account Holder you breach any of the terms above, VSL can suspend or close your account at VSL’s complete discretion, including if it receives an infringement notice from a claimant of the copyright in the content published by you.
If as a User you breach any of the terms above, the relevant Account Holder has the rights to take whatever proceedings are necessary.
Grant License to VSL
By publishing any content on this Site, you grant VSL a worldwide license to display that content on its Site, and to take any digital copies of that content necessary to enable it to be displayed on the Site and stored on VSL’s server. The ownership of the content remains with the copyright holder.
General terms
Your responsibilities
- You will not harass, abuse, threaten, defame, intimidate or impersonate any eHive™ user.
- You will not use eHive™ for any unauthorised or illegal activity – including impersonating any other individual or organisation.
- You will not use your account in any way which is unlawful, abusive, obscene, harmful, defamatory or invasive of another’s privacy.
- You will not post or publish content that is unlawful, abusive, obscene, defamatory, invasive of another’s privacy or libellous.
- You may publish test data but in order to maintain the quality of the public content in eHive™ you will unpublish test data within 30 days.
- You will not do anything that may inhibit other users’ ability to use the Site, including (but not limited to) transmitting worms or viruses to the Site.
- You will not do anything which interferes or disrupts the service or servers/networks connected with eHive™.
- You will not use an account profile name that is the legal name of another organisation.
VSL’s responsibilities
- VSL does not guarantee that the eHive™ service provided will be uninterrupted, the service is provided on an “As available” basis.
- VSL does not warrant the accuracy or completeness of any information on eHive™.
- The fact that any product or service is advertised by a third party on eHive™ does not imply any warranty, endorsement or connection in trade with VSL.
- VSL does not have any liability whatsoever, including in negligence, for any damage to your computer systems or corruption and loss of data resulting from use of eHive™, including but not limited to any bugs, viruses or Trojan programmes, and including any consequential loss or damages flowing from any such damage whether or not foreseeable by VSL.
- If VSL becomes aware of security breach it will attempt to contact you, but will not be liable in any way if it is unable to do so.
- VSL reserves the right to clarify an account holder’s public profile name when it similar to that of another account holder.
- VSL may update these terms and conditions of use at any time and will put a notice on the Site to that effect. If you continue to use the Site after such a notice has been posted, you do so subject to the updated terms and conditions.
Service Level Agreement (SLA)
eHive relies on Amazon Web Services (AWS). AWS servers are provided under an SLA that they will be accessible from the Internet 99.9% of the time. This excludes times of scheduled maintenance. These will be scheduled outside of working hours wherever possible.
Vernon Systems will investigate any issues with accessing eHive and will work with the Account Holder to resolve the problem as quickly as possible. This may fall outside of the 99.9% SLA. The Client can request a service credit for outages longer than the agreed SLA (approximately 1 hour per month). The credit will be 10% of the monthly hosting fees for each day of interrupted service to a maximum of one month’s hosting fees in any given month.
Removing Content and Closing Accounts
VSL may close your account in any of the following circumstances:
- You do not comply with these terms and conditions.
- You do not comply with the Intellectual Property rights provisions as outlined in this document.
- Your account is in arrears for over 30 days, or your account is inactive for more than 12 months. VSL will attempt in all cases to notify you before closing your account due to non-payment and inactivity but will not be liable in any way if it fails to do so.
- Your account or record content is used for spam. Spam is defined as irrelevant, advertising and/or abusive content. VSL reserves the right to delete spam comments or tags on any records or profiles.
You may ask VSL to close your account at any time.
Links to eHive™
- VSL grants you permission to provide a link to the eHive™ page provided you use the name “eHive™” or the URL www.eHive.com to identify the link.
- If you choose to provide a link to eHive™, VSL does not guarantee that the URL to which you have linked will remain current and active, and will not be responsible for any loss, damage, liability, costs or otherwise arising from the link.
- You may not use the following logos without the consent of VSL:
Jurisdiction
Your use of the site is governed by New Zealand Law. You submit to the exclusive jurisdiction of the Courts of New Zealand.
The EU General Data Protection Regulation covers the protection and privacy of personal data. The European Commission has determined that New Zealand laws provide an adequate level of protection for personal data, as required by the GDPR.
Any legal proceedings you wish to bring against VSL arising from the Terms and Conditions of Use must be filed in the relevant New Zealand Court and served on VSL within 12 months of the date the cause of action accrues.
Privacy
What information is collected?
- VSL collects the information you provide to it and does not collect information about you from third parties.
- VSL retains basic name and contact information for corresponding to you about your account and for generating subscription invoices.
VSL agrees to:
- Keep your personal information secure.
- Keep your personal information confidential.
You may ask VSL to delete your personal information at any time.
What information may be disclosed to third parties?
- Any information you choose to be published in eHive™ will be made available to the public.
- Where you choose to make content available to the public, VSL accepts no responsibility whatsoever for the use that may be made of that information by VSL or third parties.
- If you do not choose to publish any of your content, VSL is not liable if a third party obtains access to your information, although VSL agrees to take reasonable measures, both physical and technical, to prevent this from happening.
- VSL will not give or sell any information which identifies you to any third party for marketing or promotional purposes.
- VSL may disclose your information to a third party if required to by any court order, or in response to a legitimate claim or complaint.
- In the event the eHive™ business is transferred to a third party, your information may be disclosed to third parties as relevant and reasonably necessary for the parties to evaluate the business and/or effect the transfer.
Definitions
“Account Holder” – The person or entity named in the Your Details section of the Site.
“Content” – Text and uploaded images on the Site.
“Copyright Statement ” – a statement posted on the site in relation to any content setting out any terms or conditions set by the copyright holder for the use of that content.
“eHive™” – eHive™ is a web based collection management system designed for museums, galleries, archives, private collectors and other entities that manage, own or are guardians of cultural heritage. The management system is hosted by VSL and accessible via the World Wide Web at URL www.ehive.com
“Posting Content” – Posting comments and/or tags on the Site content.
“Publishing Content” – Making your account content publicly available on the Site so that it can be viewed by any users.
“Site” – The URL www.ehive.com and any pages accessible to you through that URL with the URL beginning www.ehive.com.
“Third party” – Anyone other than you, as Account Holder or User, and VSL.
“User” – The person accessing the Site to browse and search, and post tags and comments.
“VSL” – Vernon Systems Limited, a company incorporated in New Zealand.
“You” – the person accessing the Site.
