Your use of the Focus New Zealand Photo Library (Focus) website ("the site") confirms your acceptance of these Terms & Conditions.

If you don't accept these Terms & Conditions, please do not use our site.

All of the material on the site including, images, graphics, text,design and any other material is owned by the Focus New Zealand Photo Library, its contributors and contractors.

The site is intended for use by those who want to license images for particular uses and have orwant to have a working business relationship with us.

The site is not for any other purpose than that stated above and all parts of the site are subject to international copyright laws.

You may not copy, store, transmit or use any material from this site without our express written licence.

You agree to indemnify Focus New Zealand Photo Library Limited for any and all immediate and future damages, losses and consequences of your breach of these Terms & Conditions.

If you do not abide by the terms and Conditions, we reserve the right to remove any access rights or passwords granted in the course of operation of the site.

1. Delivery of Images

1.1 We will deliver the images (in whatever form including, but without limitation, transparencies, media, electronic files) ("the Images") to the Client.
The Client will immediately check that the Images delivered are those requested and that they have been received in good order and condition and will immediately acknowledge receipt and the condition of the Images.

1.2 If the Client does not immediately notify the Photo Library of any discrepancy the Images shall be deemed to have been accepted by the Client.

1.3 All transparencies and Images received by the Client are at the Client's risk from the date of receipt of the Images until the time the Images are returned to us physically.

1.4 In the event of any damage or loss or non-return of any transparency while the Images are at the Client's risk the Client agrees to indemnify Focus for any loss suffered by it as a result of the use, damage, non-return or loss of the transparency and the Client agrees to pay to Focus any reasonable sum which may be demanded by Focus for each transparency so damaged, lost or not returned which sum shall be not less than $750.00 at Focus' sole discretion.

2. Conditions of Reproduction

2.1 The granting of any right of reproduction of the Images ("reproduction right") to the Client is a matter at the sole discretion of Focus.

2.2 Before Focus shall consider granting a reproduction right to the Client for Rights Managed images the Client must adviseFocus of

1. the intended use of the Image;
2. the medium in which the Image will be reproduced;
3. the period of time during which use of the reproduction of the Image is planned;
4. the distribution area of the publication containing the reproduction of the Image.

 2.3 Upon receipt of the information required under clause 2.2 we will advise the Client whether it will be permitted to use the Images, the cost thereof and any terms and conditions additional to those contained in this form. Where the Client uses, or allows a third party to use, the images other than in accordance with these Terms and Conditions, the client will pay to Focus no less than $1500.00 plus GST (being the parties pre-estimate of the loss likely to be suffered by Focus as a result of the unauthorised use of any Image), provided that if the actual loss suffered by Focus resulting from the unauthorised use of any image is greater than $1500.00, Focus may recover the full amount of such loss, including all recovery and legal fees, from the Client.

2.4 The Client acknowledges that prior to Focus granting any reproduction right:

1. it has had a reasonable opportunity to or has inspected the Images delivered by Focus;
2. it is satisfied as to the nature and quality of the Images and as to their intended purposes or uses;
3. it has not in any way relied upon any representation that may have been made or implied by Focus as to suitability and/or fitness of the Images for their intended purposes and uses;
4. it will not reproduce, duplicate or distribute the Images in any form whatsoever except for the purpose of comp/appraisal/licensed use;
5. that the need to obtain any further consents ie MODEL & PROPERTY RELEASES in relation to the use of the Images or any intellectual property contained therein is the ultimate responsibility of the Client;
6. that NOT ALL IMAGES HELD ARE MODEL OR PROPERTY RELEASED and the Client has satisfied itself that appropriate permissions have been obtained for the intended use ; this is the sole responsibility of the Client.

 

2.5 The Client agrees that it shall reproduce any Image only in accordance with the use permitted under clause 2.3. The Client indemnifies Focus against any liability incurred as a result of any actions, suits, claims, demands and costs whatsoever arising out of the reproduction of an Image by the Client in any manner and for any purpose whatsoever.

2.6 The Client acknowledges that all property in the Images remains at all times with Focus or the photographer who has employed Focus as its agent as the case may be. A reproduction right is granted only to the Client and such right is not assignable to any third parties.

2.7 The Client acknowledges that if Focus agrees to grant a reproduction right that right is available in New Zealand only and only for a period of 12 months from the date of granting of the right unless otherwise agreed.

3 Return of Images

3.1 All transparencies delivered by Focus to the Client for consideration must be returned to Focus within 10 days of delivery unless a reproduction right is granted.

3.2 The Client agrees that Focus shall be entitled to charge a holding fee of no less than $5.00 per day for each transparency not returned by the Client in accordance with clause 3.1 above.

3.3 If any transparencies are not returned to Focus a further four weeks after a holding fee has become due under clause 3.1 then the transparencies will be deemed to have been lost and Focus is entitled to the indemnity and payment under clause 1.4.

3.4 If a reproduction right has been granted all transparencies including any duplicates must be returned to Focus and all copies, digital or any other format, destroyed within 30 days of publication. If the transparencies are not so returned then the holding charges contained in clause 3.1 above will apply.

3.5 All transparencies must be returned toFocus by hand, registered mail or courier. The date of return of Images is deemed to be the date on which such Images are actually received by Focus.

4. Payment and Selection

 The Client agrees to pay the sum advised by Focus on the invoice or similar document issued by Focus.

1. All monies owing by the Client to Focus must be paid in full no later than the 20th day of the month following the date on which those fees were incurred.("the due date").
2. If full payment for any image is not made to Focus by the Due Date for payment, then the client shall be in default and the client shall pay default interest on any amount outstanding to Focus at a default rate of 5.0% per month, accruing on a daily basis until the date payment is actually made.
3. The client shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to Focus obtaining or attempting to obtain a remedy for the failure to pay.

 5. Jurisdiction

        These terms and conditions are subject to New Zealand law.

1. MORAL RIGHT/CREDIT. Focus asserts the Moral Right to have a full credit where images are used other than as advertisements, any credit to read: Focus New Zealand Photo Library Ltd or www.focusnewzealand.com.
2. All pricing herein is GST exclusive.

Royalty Free Terms and Conditions

Licence Agreement and Terms and Conditions Governing
Focus New Zealand Limited Royalty Free (RF) Images and CD ROM collections
 
The images  are protected by Copyright and other laws in New Zealand and overseas jurisdictions.

Copyright and other intellectual property right in the Images, is owned and at all times remains the property of Focus New Zealand Photo Library Limited ("Focus") and/or its licensors.

Unless specified, Images are not model or property released.

RF images are specifically licensed and the right to reproduce is specific to the licencee and is non transferable and non exclusive.

As a licensee, you are licensed only to reproduce the Images in the course of your own business activities, with the exception of the following non permitted uses.

Non permitted uses are:

• Logos and signature/branding images.
• Retail products where the Image is the product eg Calendar or postcard.
• Greater than 72dpi resolution on the World Wide Web (Internet).

If you are an agency or designer you may not use images on this disk for any client or person other than the named licencee.

RF images are licensed for use in the promotion of the Licencee's business; not for third party use.

If your client requires images, an image or disk licenced to the client/end user must be purchased.

No further copying, or distribution of the Images is permitted.

You may not use or allow anyone else to use any of these Images or part thereof, to create pornographic, libelous, obscene or defamatory images.

Focus does not give any warranty or other assurances of any kind in respect of any of the Images.

Focus disclaims any and all responsibility for any claims, damages or losses whatsoever arising in any way from the use, or inability to use the Images or any consequence so arising.

You agree to indemnify Focus for any and all claims, expenses or losses incurred by Focus arising in respect to the use of the images.

By purchasing and/or using RF images from Focus you are agreeing to the above Licence agreement.