New Zealand Stock Library Terms and Conditions

Acceptance

All images contained on this website are protected by International Copyright Law.  Any copying, usage and/or distribution of these images is strictly prohibited unless you have express written permission to do so or have purchased a license for the use of the image.

These terms and conditions cover all matters (including credit terms and internet security) relating to delivery and licensing of images to or by Go Pix Limited (trading as New Zealand Stock Library). The client (deemed to be any company or individual accessing the New Zealand Stock Library website or other Go Pix Limited services or websites, including all employees of any company or other associated business) is deemed to have accepted these terms and conditions by viewing or downloading any image from www.newzealandstocklibrary.co.nz or from related websites, or by receiving images from Go Pix Limited via other electronic delivery systems such as CD, ftp or e-mail. The client is also deemed to have accepted these terms and conditions by accepting delivery of any images under any dispatch notice, other document, or invoice on which these terms and conditions are reproduced. Go Pix Limited reserves the right to change these terms at any time, and you accept that you will be bound by any such changes.

Copyright Information

All images licensed from Go Pix Ltd or from the www.newzealandstocklibrary.co.nz website are copyrighted and protected by the intellectual property laws of New Zealand and International Copyright Laws. Granting a license for an image does not transfer title of the image, or any intellectual property rights therein, to you. You may not redistribute or sell the images licensed to you.

Licensing

Conditions of License Agreement:

Images licensed from Go Pix Limited (trading as New Zealand Stock Library) may not be reproduced, distributed or sold (i.e. made use of, referred to as "use" hereafter) in any manner or form without purchasing a written license to do so from Go Pix Limited. Without prejudice to other legal remedies at its discretion, Go Pix Limited may impose penalty fees of up to 10 times the usual market rate for unauthorised use of an image.

 

No license is deemed to have been granted until the client has paid all agreed fees in full. Images supplied to the client shall not be copied, loaned or transferred to a third party, and no use shall be made until the price and other relevant conditions are agreed with Go Pix Limited. Any additional persons who wish to use the image(s) must purchase a separate license from Go Pix Limited. All licenses, unless otherwise agreed in writing, are non-exclusive and non-transferable.

 

Images licensed, supplied or sourced from Go Pix Limited may be used only for the purpose agreed and authorised and may not be used to create derivative works, being anything sourced from or referenced from a pre existing image. The client may modify the image(s) as necessary for the intended use. The rights to any modified image(s) belong to Go Pix Limited.

 

The client shall supply all relevant information pertaining to the intended use of the image to establish appropriate license fees and prevent any problems or potential liabilities arising from use of the image by other parties, or inappropriate use of the image in any context.

 

Unless otherwise agreed in writing, any license granted by Go Pix Limited allows only for the non-exclusive use of that image for the agreed use by the client within the territory of New Zealand. The client is permitted to use the image for the agreed time period and for the agreed use after acceptance of these terms and conditions and payment has been received in full.

 

Once a license is granted for an image, the client may copy, back up, or archive the image as necessary for internal use only. Any copy or archive that is made must include the image copyright information. The client may allow a third party, such as a printer, in the normal course of workflow, temporary copies of the image in order to complete the project.

 

The client agrees not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

 

The client agrees not to use the image for any re-saleable or mass produced items where the image is the main part of the product – unless agreed in writing by Go Pix Limited – including but not limited to, consumer merchandise, calendars, gift cards, posters and framed prints, or products intended to allow the redistribution or re-use of the image (as determined by Go Pix Limited). It is prohibited to re-sell, distribute or sub-license the image file or to use the image in any way other than stipulated within this agreement.

 

Intellectual Property Rights: Go Pix Limited makes no representation or warranty with respect to utilisation of the names and likenesses of individuals or trademarks depicted in any images. Go Pix Limited shall not be liable for any claim against the client by any third party for breach or alleged breach of any intellectual property rights in any images. It is the responsibility of the client to obtain whatever additional permission or consents that may be required for reproduction, including, but not limited to; model and property releases in relation to the use of the image(s). Unless our website specifically indicates an image has a model or property release, it is not to be construed that such a release exists.

 

Payment Terms: The image(s) will not be delivered and no rights are granted to the client until full payment is received by Go Pix Limited. If paying by personal or bank cheque images will not be released until funds are cleared by our bank. The client is accountable for all bank fees for payments made by foreign cheque or direct payment/transfer to our account.

 

Termination/Refunds: Where a license is purchased and paid for before the use of an image, any refund of license fees (wholly or in part) due to cancellation by the client is solely at the discretion of Go Pix Limited.  Go Pix Limited does not warrant that the image(s) will meet the requirements of the client for any particular application.  The image(s) are provided ‘as is’. 

The client can terminate the License Agreement by destroying the image(s) and any copies or archives.  If at any time the client fails to comply with or breaches the Terms and Conditions of the License Agreement then the License Agreement is immediately terminated and the client may then be in breach of International Copyright Laws.  If this occurs, the client hereby agrees to cease using the image(s) for any purpose and must destroy all copies and archives of the image(s).  The client must also inform Go Pix Limited in writing that they have complied with these requirements.

Disclaimer:  Go Pix Limited takes all reasonable care in the identification and description of people, animals, scenes and objects depicted in a photograph.  Go Pix Limited does not accept any liability for loss or damage incurred by the client or any third party caused by any errors or omissions. 

Except as specifically stated in our terms and conditions or as otherwise required by law, neither Go Pix Limited nor its directors, employees, contributors, suppliers or other representatives will be liable for damages of any kind (including but without limitation to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages to the client or any third party) arising out of your use of or your inability to use the image(s) licensed from Go Pix Limited, whether or not we have been advised of the possibility of such damages. 

Go Pix Limited liability under these terms and conditions or generally, and whether in contract or tort, is limited to a refund of the license fee paid by a client.

Indemnification: The client agrees to indemnify, and forever keep indemnified, Go Pix Limited and its suppliers against any actions, suits, claims, demands and costs arising out of the reproduction of an image in any manner, for any purpose whatsoever by the client or other related party.  The client agrees to indemnify Go Pix Limited against all claims or liability arising out of or in connection with any breach of any of the terms of this License Agreement.