Last updated: 14 April 2013, 3.30pm
Image Library terms and conditions
By accessing and using the Christchurch & Canterbury Tourism Image Library (the "Image Library") you agree to be bound by the following terms and conditions of use (the "Terms").
We may from time to time alter or modify the Terms and we will notify you of this by updating the "last updated date" at the top of this page. By continuing to access and use the Image Library you agree to be bound by the amended Terms.
In the Terms the following words have the meanings set out below:
"Images" means any photographic images included in the Image Library.
"User" means any user of the Image Library.
"we", "us" and "our" refer to Christchurch & Canterbury Tourism.
"you" and "your" refer to you, as a User of the Image Library.
"Selection form" means the form titled "Enter your details" where you supplied your name, email, organisation, country, usage, website/publication name, message and consented to the Terms.
"Suppliers" means any organisation or photographer that supplies Images to the Image Library.
2. Use of the Image Library
You and only you are authorised to use the Images on a royalty free, non-exclusive and non-transferable basis subject to the following conditions:
a) You may only use the Images for the usage and website/publication referred to in your Selection form submitted by you.
b) If you wish to use any Image for another project you are required to submit a new Selection form.
c) Unless this licence is earlier terminated by us your right to reproduce the Image will expire on the date we provide when we confirm our acceptance of your Selection form.
d) The Images may only be used for the purpose of promoting Christchurch and Canterbury as a visitor destination.
e) When using the Images you will credit christchurchnz.com.
2.2. You warrant that you shall not at any time take any step or make any omission that brings the reputation or good standing of the author of the Image, Christchurch & Canterbury Tourism into disrepute.
2.3. You will defend and indemnify Christchurch & Canterbury Tourism against all costs, expenses and damages incurred in connection with any claim against Christchurch & Canterbury Tourism arising out of or related to:
a) breach by you of these Terms;
b) the use of the Images either alone or in combination with any other material; or
c) any claim by a third party related to the use of the Images either alone or in combination with any other material.
2.4. The Images are provided to you on an "as is" basis. We do not give any warranty or other assurance as to the accuracy, completeness or fitness for any particular purpose of the Images appearing in the Image Library. To the fullest extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential damages or losses) arising in contract, tort (including, negligence) or otherwise from the use of, or inability to use the Images or from any action or decision taken as a result of using the Images. If we becomes liable to you for any form of loss or damage, Christchurch & Canterbury Tourism's liability to you arising out of all claims for loss or damage under these Terms will not exceed in aggregate $1.00.
2.5. If, for any reason whatsoever and at its sole discretion, we wish to terminate this licence, we may do so immediately by giving written notice to you. On receipt of this notice or on the expiry of the licence, you must, as directed by us, return all copies of the Images to Christchurch & Canterbury Tourism or destroy all copies of the Images that are in your possession. You must also provide a written undertaking that no further copies of the Images are or will be used or retained by you for any reason.
Downloading and/or using the Images will be deemed to be your acceptance of the Image Library Terms.
4. Applicable laws
4.1. The Images in the Image Library are protected under copyright and other laws of New Zealand, international conventions and similar laws abroad. Copyright and other intellectual property rights in the Images, are owned or controlled by us or our Suppliers.
4.2. The Terms will be governed by New Zealand law and you submit to the exclusive jurisdiction of the courts of New Zealand.
If any part of the Terms is deemed invalid or unenforceable the remaining provisions shall remain in full effect.
If you have questions or queries in relation to the Image Library or the Terms, please contact us at email@example.com.