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New Zealand Stock Photography - PhotoSales NZ LICENSING TERMS & CONDITIONS
Photographers Copyright Information.
Here is a bit of information relating to Copyright on our network of sites.
Brands & Logos:
For example: if you do a photo shoot for a poster or calender featuring a Ford XR8 Sports saloon as the main subject, you must remove the FORD logo and the XR8 badging. Unless permission is given under a license agreement with FORD. (however FORD may also take issue with the use of the car too) Another example. is a shot of an Apple computer, unless photographers have secured rights to use the logo and brand name, the should be removed.
Photographers should remember to cover, remover or post edit out logos where possible, if it appears to be a strong focal point in the photo. A shot in a street of a protest march has corner Dairy that has Coke painted on its wall and a Tip top ice cream sandwich board is ok, as long as the photo is focused of the event and not appearing to use logos and brand names to promote and sell that image.
Photo Ownership
This is the way we see it, the photos belong to each Photographer, by loading them up you indemnify us and ourr site from having to get model, property, releases etc. The copyright belongs to the Photographer. We have distribution rights under what we understand as shared copyright . That is we sell each Photographers photos , the end user can do what they like with so long as it doesn't bring the Photographer, our site, or the subject in to disrepute; Eg photoshop a nude body to a model photo , or the use of profanity in the image, stuff like that.
The main points of Copyright are:
The owner of copyright in photography is either:
· THE PHOTOGRAPHER – if the photographer is NOT commissioned or takes the photograph as an employee; OR.
· THE EMPLOYER – if the photograph is taken by an employee in the course of their employment, OR · THE CUSTOMER – if the photographer accepts a commission to produce a photograph.
Commissioning a photographer occurs when a person commissions (engages) a photographer to take a photograph(s) and at the time of the commission agrees to pay or pays the photographer for that work.
If the photographer is not commissioned then the person that took the photograph owns the copyright.
· It does not matter who owns the film.
· It does not matter who owns the prints.
· It does not matter who owns the camera.
END-USER LICENSE AGREEMENT (EULA) - By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between New Zealand Stock Photography - PhotoSales NZ(On behalf of the Photographers) (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. New Zealand Stock Photography - PhotoSales NZ hereby represents that the Photorapher that photo you want, owns all rights and copyrights to all materials on our website, and all rights and copyrights to said Photographere. By downloading any Materials from New Zealand Stock Photography - PhotoSales NZ you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from New Zealand Stock Photography - PhotoSales NZ. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and New Zealand Stock Photography - PhotoSales NZ.
- New Zealand Stock Photography - PhotoSales NZ.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
- You may access, acquire, and use the materials downloaded from New Zealand Stock Photography - PhotoSales NZ.com subject to these Terms and Conditions in the following manner:
- a. In the development and creation of your business presence and entity.
- b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as par of the cover?s design, and newspapers.
- c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
- d. As part of office presentation and layout for your business, in other words, for d?cor in an office, lobby, retail store, or public area.
- e. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the materials from our website in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
B. User's Restrictions on the Use of New Zealand Stock Photography - PhotoSales NZ Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from New Zealand Stock Photography - PhotoSales NZ section of this Agreement.
- You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
- You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that New Zealand Stock Photography - PhotoSales NZ may, in its sole discretion:
- Monitor your download activity from New Zealand Stock Photography - PhotoSales NZ as often as New Zealand Stock Photography - PhotoSales NZ determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what New Zealand Stock Photography - PhotoSales NZ determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour period, per user, as New Zealand Stock Photography - PhotoSales NZ sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- Investigate any abuse of your username and password in connection with the New Zealand Stock Photography - PhotoSales NZ website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on New Zealand Stock Photography - PhotoSales NZ, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to New Zealand Stock Photography - PhotoSales NZ Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. You understand that Materials are copyrighted and owned the Photographers who's name is listed by the Photo. New Zealand Stock Photography - PhotoSales NZ only provides a platform for the Photographers to display and sell their work online. Any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. New Zealand Stock Photography - PhotoSales NZ, its employees, directors, and officers, or anyone else associated with New Zealand Stock Photography - PhotoSales NZ shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. New Zealand Stock Photography - PhotoSales NZ, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using New Zealand Stock Photography - PhotoSales NZ, and for accessing, acquiring, and/or using Materials from New Zealand Stock Photography - PhotoSales NZ.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to New Zealand Stock Photography - PhotoSales NZ is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless New Zealand Stock Photography - PhotoSales NZ, its employees, directors, officers, and any other entity associated with New Zealand Stock Photography - PhotoSales NZ, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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Licensing
