Terms and Conditions

TERMS AND CONDITIONS

1. Introduction

These Terms and Conditions form part of a non-transferable contract between You (the person viewing this web site and using My images) and Me (Geoff Dickinson Photography).

You may download low-resolution images from this web-site to Your computer desktop for initial viewing. These are the ONLY reproduction rights granted by Me to You for My low-resolution images. The prohibitions and restrictions on reproduction of images are laid out in clauses 7, 8 and 9 below.

2. Definitions

a) "Image" means a photograph, print, picture, transparency, negative, design, artwork, painting, graphic work, diagram, montage, illustration, drawing or engraving as well as any Image on a computer disk, or on magnetic tape, or transmitted electronically in digital form, or stored in a computer-based retrieval system, or any other item that may be offered by Me to You for the purpose of Reproduction, either with or without accompanying text.

b) "Reproduction" means any form of copying, displaying or publication of the whole or part of any Image made available to You by Me, whether such Image is altered or manipulated in any way or not by You, and whether reproduced by printing, photography, photocopying, scanning or slide projection (whether or not to an audience) by electronic, digital or mechanical means. "Reproduction" also means the downloading and/or storage of an Image by any means, including digitally and includes the display of an Image on an Internet web site.

3. Ownership of Images and Rights

Unless otherwise specifically stated in writing by Me, the Images on this web site and www.flickr.com/photos/geoffdickinsonphotography remain My exclusive property. For the avoidance of doubt, no copyright or other intellectual property right in the Images on these web sites is transferred to You without a specific agreement defining the rights I have granted to You

4. Copyright Notice

My Images are protected by copyright. All rights to the Images are owned by Me.

5. Terms & Conditions of Image Supply

a) All images are supplied for Your personal, non-commercial use only which may be stored on your personal computer and printed for your personal use. Any other use will require a written agreement to be reached between You and Me

b) Delivery to You of high quality images for reproduction purposes may be accomplished in one of two ways:

(i) You may either have them emailed OR have them sent to You on a CD. In this case the term of the Licence I issue You for use of My high-resolution Images is for a period of twelve (12) months from the date of issuance unless otherwise specified.

(ii) I can also supply Images to You as prints.

6. Releases and Permissions

a) No valid model or other releases exist for any Image on my web site unless the existence of such releases is specified in writing by Me. You agree to indemnify Me against all claims arising out of the use of any Images where the existence of such release(s) has not been specified in writing by Me. In any event, the limit of my liability shall be the sum paid to Me per my Invoice.

b) I give no rights or warranties with regard to the use of names, trademarks, logotypes, registered or copyrighted designs or works of art depicted in any Image, and You must satisfy yourself that all necessary rights, model releases, permissions or consents which may be required for Reproduction are obtained. In particular please note that the images taken at English Premier League or NZ Rugby Union matches or involving players or teams involved in these matches are governed by specific licensing agreements. THESE IMAGES ARE NOT FOR SALE.

7. Derivative Works

If You intend to use any of my Images for the purpose of creating a "derivative work" You must first obtain My express written approval to do so. A "derivative work" is defined as any image or reproduction which uses my images as a source or reference. Cloning, copying, tracing, shrinking, stretching, significantly altering colour, flipping or flopping, including the Image(s) or any part thereof in a montage, using the Images as the basis for an artist's reference, or changing the Images in any other way creates a derivative work. Such derivative work may be used only as permitted in accordance with a valid Invoice or agreement from Me.

8. Prohibitions

You may not:

a) transfer or assign any rights to the Images;

b) alter or merge, in whole or in part, any Images;

c) reverse engineer, de-compile or disassemble the Images

d) copy, reproduce or use the Images except as provided above in Clause 5

e) store or transmit the Images electronically or digitally, except as provided above in Clause 5.

9. Indemnities

a) You shall indemnify Me against all claims, loss, damage, proceedings or costs with respect to Images that have been Reproduced without effective rights, model releases, permissions or consents.

b) You agree to indemnify me against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising directly or indirectly in respect of any claims that the Reproduction of any Image provided to You by Me infringes the intellectual property rights of a third party. For the purposes of this clause, the term "Intellectual Property Rights" shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in drawings, software inventions and confidential information.

c) You agree that You will not use or permit the use of my Images to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of my Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify Me against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of My Images other than in accordance with the terms of this Agreement.

10. Exclusions/Limitations of Liability

a) You agree that You accept these Terms and Conditions with the full knowledge that My liability is limited and that the prices and charges payable to Me have been calculated accordingly.

b) I provide this web site and Images and the accompanying data (including captions) "as is" and on an "as available" basis without any representation or endorsement and without warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. I do not warrant that use of the Images will be uninterrupted, error free or free of computer viruses or computer bugs, or that defects will be corrected, or give any warranty otherwise as to their functionality, accuracy, or reliability.

c) Except as specified in this Agreement, all express, statutory or implied representations, warranties and conditions, including but not limited to any implied warranty and/or condition of satisfactory quality, fitness for a particular purpose or non-infringement, are hereby disclaimed.

d) In no event will I be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions, including without limitation (i) the use of or inability to use the Images or (ii) the inability to obtain additional rights to the Images (including making additional copies). In any event, my limit of liability shall be the fee paid for the Images to My.

e) There may be links from my web site to other web sites on the Internet; however, these web sites are not controlled by Me and I am not responsible for any content contained on any such web site or any loss suffered by You in relation to your use of such web sites. You waive any and all claims against Me regarding the inclusion of links from My web site to outside web sites or Your use of those web sites.

11. Other Provisions

a) If any provision or portion of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Agreement is intended to be effective, then to the extent and within the jurisdiction which that provision is illegal, invalid or unenforceable it shall be severed and deleted from this Agreement and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

b) From time to time I may change the contents of my Terms and Conditions, prices, license terms, and other information and data; these changes will be made without prior notice to You.

12. Currency

Unless otherwise indicated, all dollar amounts referred to in this website provided by My are in New Zealand Dollars.

13. Applicable Law

These Terms and Conditions are to be governed by, construed and enforced in accordance with the laws of New Zealand. Any action that You or any third party may bring shall be brought only in the courts of New Zealand, and You expressly consent to the jurisdiction of the courts of New Zealand.