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.