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Terms Of Use


THE FOLLOWING TERMS OF USE RELATES TO HOW YOU USE THIS WEBSITE
 
By using the website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms of Use on that entity's behalf, and that such entity agrees to indemnify NZstockphotos for violations of these Terms of Use.
Please read these Terms of Use carefully. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site.

NZstockphotos may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.
 
This web site and its contents (the "Content") are intended for customers of NZstockphotos. You may not use this web site or the Content for any purpose not related to your business with NZstockphotos.
 
 
Your obligations
You agree that you will not do any of the following (either directly or indirectly) while using the web site:
a) downloading, copying, or re-transmitting any or all of the web site or the Content without, or in violation of, a written license or agreement with NZstockphotos;
using any automated tools to extract information from the website.
b) manipulating or otherwise displaying the web site or the Content by using framing or similar navigational technology;
c) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any NZstockphotos product or service if you are not expressly authorised by such party to do so;
d) falsify or delete any author attributions, intellectual property notices, proprietary designations or labels, legal or other proper notices regarding the origin or source of any Content on the Site;
e) post, upload or transmit any unsolicited advertising, promotional materials, surveys, contests or any other forms of solicitation unless expressly authorised by NZstockphotos;
f) upload anything that contains a virus, disabling mechanism or other destructive component; or obtain or attempt to gain unauthorised access to any NZstockphotos Member Accounts, NZstockphotos Photographer Accounts, computer systems or networks associated with the Site;
g) obtain or attempt to obtain any Content, materials or information on the Site through any means not intentionally made available or provided for through the Site;
h) engage in any conduct that could interfere with the security of the Site or damage, disable, overburden or impair the Site;
(i) interfere with any other party's use and enjoyment of the Site;
(j) using the web site or the Content other than for its intended purpose, as determined solely in NZstockphoto’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
(k) you may only use this web site for lawful purposes and may not breach any relevant regulation or law, or commit or encourage a criminal offense;
 
 

Intellectual Property

All materials (including the organization and presentation of such material) on this web site (the "Materials”) are the property of NZstockphotos and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other proprietary rights.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that any author attributions, copyright, watermark, proprietary designations or labels, and/or any other intellectual property or legal notices are not removed.

NZstockphotos does not own the copyright of the Content uploaded to the Site. NZstockphotos does not warrant or represent that the Content does not infringe the copyright or any rights of a third party.
 
 
 

Privacy

NZstockphotos is committed to respecting the privacy of the personal information of our members. Please see our Privacy Policy which details how we collect, use and disclose the personal information of those individuals who visit and use our website.
 
 

Website updates

NZstockphotos updates the information on this web site regularly. However, NZstockphotos cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this web site. NZstockphotos may revise, supplement or delete information, services and/or the resources contained in the web site and reserves the right to make such changes without prior notification to past, current or prospective visitors. Your access and use of the web site will be subject to the most current version of the Terms of Use posted on the Site at the time of your use.
 
 

Linked Web sites

This web site may provide links to third party web sites for your convenience only. The inclusion of these links does not imply that NZstockphotos monitors or endorses these web sites. NZstockphotos does not accept any responsibility for such web sites. NZstockphotos shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party web sites or linked resources.
 
 

Email

Please feel free to email NZStockphotos at info@NZstockphotos.com. Please also remain mindful that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. NZstockphotos is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:
a) NZstockphotos has no obligation concerning such information;
b) the information is non-confidential;
c) NZstockphotos may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
d) the information is truthful and disclosure of the information does not violate the legal rights of others.
 
 
 

Internet software or computer viruses

NZstockphotos shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this web site or your downloading of any of the Materials from this web site. NZstockphotos recommends that you install appropriate anti-virus or other protective software.
 
 
 
 
 
Web Site and Materials Provided "As Is"
 
This web site and the materials are provided "as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. NZstockphotos does not represent or warrant that this web site or the material will meet your requirements or that their use will be uninterrupted or error free.
 
 

Limitation of Liability

You assume all responsibility and risk for use of this web site and the materials including and without limitation any of the information contained therein.
In no event shall NZstockphotos or any of it’s directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business, information or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to or exploitation of this web site, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property tights or otherwise.
The above mentioned are not intended to limit any rights you may have under the Consumer Guarantees Act that NZstockphotos parties may not lawfully limit.
 
 

Indemnification

You agree to indemnify and hold NZstockphotos harmless against all claims or liability asserted against NZstockphotos arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use. 
 
 

Jurisdiction

This web site is controlled, operated and administered by NZstockphotos from within New Zealand. This web site can be accessed within New Zealand and internationally. As each of these jurisdictions has laws that may differ from those of New Zealand, by accessing this web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of New Zealand (without reference to conflicts of laws principles).
You also agree that any claims or disputes arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of New Zealand and acknowledge that you do so voluntarily.
 
 
 

Notice and Procedure for Making Claims of Infringement

NZstockphotos respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NZstockphotos with written communication addressed to our Director including substantially the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Web site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
 
Please address your letter to our Director, as follows:
Attention: Director
NZstockphotos
PO BOX 926 , Cambridge 3450
New Zealand
 
 
 

Additional information

NZstockphotos failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any term or condition of these Terms of Use is found invalid or unenforceable, the remainder of these Terms of Use will remain valid and enforceable. The invalid or unenforceable term or condition will be modified to the extent necessary to make it valid and enforceable and in such a manner as comes closest to the commercial object of that term or condition.

Nothing in these Terms of Use will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between NZstockphotos and you. Neither NZstockphotos nor you have the authority to act for, or to incur any obligation on behalf of the other party, except as expressly provided for in these Terms of Use.
 
If you have concerns relating to this web site or these Terms of Use, please contact NZstockphotos at info@nzstockphotos.com
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