Terms and Conditions
By using this website or downloading any images from this website you are
indicating your acceptance of the following terms and conditions of this
agreement. If you are working on behalf of an employer or act as an agent
you and your employer or principal will be responsible for all the
conditions laid down in this agreement. If there are any terms and
conditions you do not agree with please discontinue using this website.
Ownership of the Website
This website is solely owned and operated by Southpacificimages.com Limited
(SPI) and all the content of the website, including design, text, graphics,
photographs and software are owned by SPI and its various suppliers and are
protected by applicable trademark, copyright and other intellectual property
laws.
Licence to use of Images
All images on this website are subject to copyright and may be used for
layout purposes only. Request for any use of images other than for layout
purposes must be put in writing to SPI the consent of which shall be at its
sole discretion.
All editorial use of SPI's images must be accompanied by a credit to
southpacificimages.com Limited. Where any image is used so as to imply that
SPI is endorsing them or is otherwise affiliated with them the user must
first obtain the written consent of SPI.
The user agrees not to display any image in a manner that could be in SPI's
sole opinion defamatory, misleading, disparaging, libellous, obscene or
otherwise objectionable to SPI or display an image in such a manner so as to
violate any law or regulation and shall indemnify SPI for any action against
any third party arising from such misuse.
Use of the image will only be for the specified period and for the sole
purpose of that as set out in these terms and conditions and / or as to any
special conditions provided by SPI in their invoice. All use of the image
must be dispensed with and / or returned upon the last date of the specified
period unless otherwise requested by the user and agreed to by SPI. Any
requests for continued use of the image must be received by SPI for their
approval ten days prior to the last date of the specified period.
All images are non-exclusive to the user unless requested otherwise and
consented to by SPI at a price to be determined by SPI in that particular
set of circumstances.
All licences are non-transferable and the user may not assign their rights
benefits and obligations without SPI's prior written consent. This agreement
is not intended to benefit nor give rise to any rights in any third party.
The user may not remove, distort or alter any element of the images or
modify them in any manner without first obtaining the written consent of
SPI.
The use of images for sensitive issues including but not limited to alcohol,
tobacco, serious illness, gambling, material containing or displaying adult
content or issues concerning sexual, mental or physical abuse or similar
must have the written consent from SPI prior to their use. The user agrees
to indemnify SPI against any claim arising from any third party due to but
not being limited to the unsuitability of or offence from sensitive issue
material.
If the user is found to have used any image for purposes other than those
specified in these terms and conditions or as to any special conditions
agreed to by SPI in their invoice the user will automatically be charged
twice the initial fee for such usage. This amount is to be paid within seven
working days from and including the date of notice given by SPI at which
time if payment has not been received legal action will be taken for
copyright infringement and SPI reserves the right to terminate without
reason any agreement that user may have.
Model Releases
While every care is taken to ensure our images are model released the user
agrees not to presume that any model, properly, trademark or logo release
exists and the user indemnifies SPI against any claims arising from breach
of any intellectual property rights or any misuse of the images that
infringes the rights of any third party.
Limitation of Liability
To the extent that you may incur actual loss as a direct result of SPI
failing to meet their obligations SPI's liability shall be for actual loss
and limited to the amount invoiced provided that the user supplies to SPI
details of such within thirty days of the date on which the failure first
occurred and the user agrees to waive any other claim for set-off,
compensation or damages whether such claim is for the benefit of the user of
any third party.
Disclaimers
Although SPI takes every care in the accuracy of the content of the website
and its images, SPI shall not be liable for any damages of any kind suffered
by the user or for infringement to the rights of any third party arising
from any discrepancy on either the picture its caption or the final
reproduction and gives no warranty as to quality, merchantability and
fitness for purpose other than those required by law nor will SPI be liable
for any legal action or damages that may occur from licensing of any of our
images or use of our website however direct or indirect they may be.
Where SPI has consented to the use of images for sensitive issue the user
indemnifies SPI from any claims by any third party for any reason
whatsoever.
Alteration of Terms & Conditions
SPI reserves the right to review from time to time and to alter the terms
and conditions of this agreement and any information they provide on this
website and any such changes shall be deemed valid and effective
immediately. Where possible SPI shall endeavour to provide notice of such
changes however lack of such shall not deem any changes or the agreement
invalid.
Licence to Use Images Through Our Agents
It is possible we may have representation in your area. Please contact us by
email at: info@southpacificimages.com
for details of your nearest agent.
All terms and conditions set out herein shall apply as between agent and
user and any use of images must be confirmed with that agent prior to such
use.
Any disputes that may arise with that particular agent shall remain as
between that agent and the user and the user agrees that no further action
shall be taken against SPI with all terms and conditions herein applying and
indemnifies SPI against all possible claims by any third party.
Law and Jurisdiction
This agreement shall be interpreted, construed and governed by the laws of
New Zealand without regard to conflict of law principles and the Courts of
New Zealand shall be used should any issues arise.
Legal Costs
The user agrees to indemnify SPI should for any legal fees and costs
incurred due to recovery of non-payment or as the result of any legal
action. |