Licenses/terms and conditions
DYNAMIC GRAPHICS WEBSITE TERMS AND CONDITIONS OF USE:
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU (“USER”) AND DYNAMIC GRAPHICS LIMITED (“The Company”), PLEASE READ ALL OF THE FOLLOWING TERMS.
Ownership of the Website: www.dynamicx.co.nz
This website is owned and operated by Dynamic Graphics Limited, a company registered in New Zealand. All aspects of the site, including the content and design are protected by copyright. These images are protected by New Zealand and other international copyright laws and have been digitally watermarked for the protection of our content providers.
General use of Content
The photographs, images, illustrations, fonts, graphics and any other such digital material featured on our website are collectively referred to as "content". The content is available on this website for you to review in order for you to determine their viability for using, reproducing, transmitting or displaying under a license from Dynamic Graphics. You must obtain a license from Dynamic Graphics before you can reproduce, display, transmit, distribute or otherwise exploit content, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of content.
THE COMPANY grants the USER a personal, non-transferable, non-exclusive license to copy the Content selected onto its computer hard drive and to use the Content and any derivative works or copies (collectively, the "Content ") on one computer and with one user at a time. The Content may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Content may only be used in any final materials distributed internally or to the public once the image(s) have been purchased and an appropriate license obtained. The Purchaser should refer to the section License Information to view the licenses fro individual brands presented via the website. All other rights are reserved to THE COMPANY. USER must contact THE COMPANY at firstname.lastname@example.org to obtain a license for additional use. Other than for Comp Use, Content may not be used in any way, until an invoice granting usage rights is issued and paid in full.
General Restrictions as to use
The following uses are prohibited: Use of Content beyond the terms of the limited license agreement without first obtaining additional license(s), including but not limited to any electronic reproduction or additional promotional rights.
· Create any derivative use of any Content unless indicated on the invoice.
· Sublicense, re-license, rent or lease any of the Content.
· Use of the Content in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
· Use of the Content in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
· Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Content to be distributed to or used by anyone other than the authorized users, without prior written consent from THE COMPANY.
· Use of any Content in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
· Use of the Content to promote a business that sells or licenses photographic images, or otherwise competes with THE COMPANY in any manner.
· Ship, transfer or export any of the Content into any country or use any of the Content in any manner prohibited by any export laws, restrictions or regulations.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND DYNAMIC GRAPHICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While Dynamic Graphics uses reasonable efforts to ensure the accuracy of all Content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. In addition, Dynamic Graphics is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this website is at your own risk. Dynamic Graphics, and its officers, directors, employees, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the Content.
Sensitive use Disclaimer
Licensee may not use the Content in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Content that involves or implies illegal activities, medical conditions or procedures, other health and mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, teen pregnancy, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence.
If any Content featuring a model is used in (1) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (2) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a conspicuous statement that indicates that the “person so pictured is a model and the Content is used for illustrative purposes only”.
In the event that you reproduce, display, transmit, distribute or otherwise exploit Content, or any portion thereof, without a license from Dynamic Graphics to do so, or if you otherwise infringe any intellectual property rights relating to Content and to this website, you agree to indemnify and hold Dynamic Graphics Limited, it's affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content and/or your breach of this terms of this Agreement.
THE COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. THE COMPANY IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY THE COMPANY.
DIGITAL FILES ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND THE COMPANY SHALL BE THE FEE PAID FOR THE IMAGE TO THE COMPANY.
Unauthorized use and Retroactive License Fee
Any use of Content in a manner not expressly authorised by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling THE COMPANY to exercise all rights and remedies available to it under copyright laws around the world. USER shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to THE COMPANY other remedies under this Agreement, THE COMPANY reserves the right to charge and USER agrees to pay a fee equal to ten times THE COMPANY normal license fee for use of the Content .
We may provided links from www.dynamicx.co.nz website to other websites that may be of interest to you. Since Dynamic Graphics has no control over these other sites, we cannot be responsible for either the availability of any linked sites or any content contained therein. Our links to other sites does not constitute an endorsement and is simply for your convenience.
While you will be asked to provide certain information about yourself in connection with licensing reproduction rights to our images, we will only use this information in granting licenses to you. We may also send you by email or otherwise information about new products, services or other promotions which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us at email@example.com, or Tel +64 63 78 96 99. Dynamic Graphics does not share any information you provide us with anyone other than Dynamic Graphics affiliates and as may be necessary for payment processing.
THE COMPANY reserves the right to terminate any license issued by it without notice if you or your employer fails to comply with any provision of this agreement or any license agreement issued by THE COMPANY. Upon termination, you and your employer must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies. THE COMPANY reserves the right to discontinue the use of any Content for any reason and elect to replace the Content with an alternate Image. Upon notice of any discontinuance of the use of a particular Content, you, your employer and your client, if applicable, agree not to use the Content in the future.
Pricing is subject to change, without notice and customer must review pricing regularly to ensure they are kept up to date. THE COMPANY reserves the right to make adjustments due to changing market conditions, errors in advertisements and other extenuating circumstances.
All royalty-free single images downloaded from the WebSite are non-returnable, except in these circumstances:
Refunds are only given at the discretion of THE COMPANY. A declaration acknowledging that images were not copied is to be signed for any returned image before a refund will be considered, otherwise all sales of these items are final.
The following apply to all purchases:
· The product must be returned to THE COMPANY warehouse within 14 days
· Any one-month subscription order is considered final after 48 hours
· Shipping and C.O.D. charges are not refundable
· Goods are deemed delivered once the goods are signed for
· Ownership of the goods does not transfer until all fees and invoices are paid
· All products are subject to the manufacturer's warranty
· Returned CDs must be in the original packaging, be returned unopened and have a return declaration acknowledging the CD was not copied
· THE COMPANY may consider an exchange before offering a refund less delivery charges
· Free gifts supplied with an order as part of a promotion are to be returned with the goods
Never-the-less THE COMPANY wishes to have an open relationship with all buyers and will work to ensure buyer satisfaction
This Agreement shall be governed by the laws of New Zealand without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in New Zealand and you consent to personal jurisdiction.
· No Assignment: This agreement is not assignable or transferable on the part of the USER.
· No waiver: No action of THE COMPANY, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
This Agreement and the Invoice contains all the terms of the agreement between THE COMPANY and USER and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by USER, the terms of this Agreement shall be deemed to take precedence.