Legal

This Enhanced Licence Agreement (Enhanced Licence) together with the Standard Content Licence, the Exclusive Use Licence, and the Membership Agreement govern the basis upon which members of mychillybin™ obtain the right to use Content located on the Site. This licence incorporates the terms of the Standard Content Licence and the Membership Agreement.


The Enhanced Licence lets you expand the scope of usages available for the images you download. The prohibited uses set out in the Standard Content Licence apply to this Enhanced Licence. To the extent that this Enhanced Licence is inconsistent with the prohibited uses in the Standard Content Licence this Enhanced Licence will prevail.  Terms defined in the Standard Content Licence and Membership Agreement shall have the same meaning here.


You can search specifically for images with the option of an Enhanced Licence using search options.  Not every image on the Site has this license available. Images that do, are clearly marked with the Enhanced Licence option in the purchase section to the right of the image. During the downloading process you will have the option to select the Enhanced Licence from the menu. You can then review the provisions, click  “I Agree” and download the file. You can always contact us if the image you need isn’t currently available under the Enhanced Licence and we'll try to help.


With an Enhanced Licence you are permitted to use the content in each of the four following ways:

  • (A) Multi-Seat Licences

  • (B) Items for Resale (including packaging for items of resale) - Limited Run

  • (C) Electronic Items for Resale or Other Distribution - Unlimited Run

  • (D) Reproduction / Print - Unlimited Run

(A) Multi-Seat Licences
You can increase usage of the Content from one user within your organisation, to a maximum of 20 additional users.
All additional users are required to be either employees or the Member shall procure that they comply with this Enhanced Licence Agreement, the Standard Content Licence and the Membership Agreement and will be liable for their conduct as if it were the Member’s conduct.  The Member will remain liable for all use by such additional users. All other terms and conditions of the Standard Content Licence remain in full force and effect, including all Prohibited Uses.

(B) Items for Resale - Limited Run

To use the Content in items for resale, licence, or other distribution as follows:

(i) up to 20,000 cards, stationery items, stickers, packaging or paper products (for example, books);
(ii) up to 10,000 posters, calendars, mugs, or mousepads;
(iii) or up to 2,000 t-shirts, apparel items, games, toys or entertainment goods

Notwithstanding the restriction contained in Section 7 of the Standard Content Licence which prohibits the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce the above items for resale, license or other distribution in or on which the Content is used or displayed (the "Resale Merchandise"), provided that:

  • the right to produce the Resale Merchandise in no way grants any ownership right to you or any recipient of the Resale Merchandise in any intellectual property or other rights to the Content;

  • you agree to indemnify the mychillybin Parties from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the Resale Merchandise;

  • any production of Resale Merchandise in excess of the allowed run size is prohibited and requires a further Enhanced Licence to be purchased;

  • all other terms and conditions of the Standard Content Licence and the Membership Agreement remain in full force and effect, including all Prohibited Uses.

(C) Electronic Items for Resale or Other Distribution - Unlimited Run

You may purchase the Enhanced Licence to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.

Notwithstanding the restriction contained in Section 7 of the Standard Content Licence which prohibits the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce an unlimited number of the above items for resale, license or other distribution in or on which the Content is used or displayed (the "E-Resale Merchandise"), provided that:

  • the right to produce the E-Resale Merchandise in no way grants any ownership rights to you or any recipient of the E-Resale Merchandise in any intellectual property or other rights to the Content;

  • you agree to indemnify the mychillybin Parties from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the E-Resale Merchandise;

  • it is not of a greater quality than 72 dpi; and all other terms and conditions of the Standard Content Licence and the Membership Agreement remain in full force and effect, including all Prohibited Uses.

(D) Reproduction / Print - Unlimited Run

The Standard Content Licence Agreement allows a print run of Content up to 100,000 reproductions for the purposes set out in clause 5.1 of the Standard Content Licence. By obtaining an Enhanced Licence, the Member can make an unlimited number of reproductions for the Member’s business or personal purposes.

Notwithstanding the restriction contained in section 7 of the Standard Content Licence which limits you to 100,000 reproductions, you shall be entitled with respect to this Content to an unlimited number of reproductions for the Member’s business or personal purposes.

All other terms and conditions of the Standard Content Licence and the Membership Agreement remain in full force and effect, including all Prohibited Uses.


Payment

Where a Member wishes to download Content from the Site under this Enhanced Licence they they must pay mychillybin the number of download credits as that term is described in clause 6 of the Membership Agreement, or by credit card transaction the price shown on the Site, or any other payment method agreed by the Member and mychillybin.  This fee entitles the Member to use the Content for any of the uses listed above and in accordance with the terms of this Licence

Further Legal Information on the above

The above are the legal provisions that give effect to the various Enhanced Licence options. These must be read in conjunction with the Standard Content Licence Agreement and the Membership Agreement. In each case where the Standard Content Licence Agreement is amended by the terms of an Enhanced Licence, all other terms and conditions of the Standard Content Licence and the Membership Agreement remain in full force and effect, including all Prohibited Uses.

Acknowledgement

You acknowledge that you have read these terms, the Standard Content Licence and the Membership Agreement, understand them, and had an opportunity to seek independent legal advice prior to agreeing to them. In consideration of mychillybin agreeing to provide the Content, you agree to be bound by the terms and conditions of this Enhanced Licence. You further agree that it is the complete and exclusive statement of the agreement between you and mychillybin, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and mychillybin relating to the subject of this agreement.

By clicking I accept to the terms set forth herein, the member whose name is being used to download content agrees to be bound by these terms

Please note: Update to Standard Content Licence Agreement clause 2.1, 5, 7.2, 9 on 23/9/2011.

Update to Photographers' Supply Agreement clause 4, 7, 10 on 23/9/2011

Select General image use for all applications that are not purely editorial in nature.

General includes, for example;

Email any query to fast@mychillybin.co.nz for a rapid response.

This image is available for both General use, and also for Editorial use

General use, in short, includes;

Editorial use, in short, means material of genuine public interest and containing no commercial message, advertorial content, or similar, on blogs, on information signage, in magazines, in newspapers and in newsletters

Email any query to fast@mychillybin.co.nz for a rapid response.

Select Editorial image use for images for editorial use in:

Editorial use, in short, means material of genuine public interest and containing no commercial message, advertorial content, or similar.

Note that whilst these images will be suitable for Editorial Use, some of these images are not able to be used for General purposes as they contain brands, people, etc without needed legal releases.

Email any query to fast@mychillybin.co.nz for a rapid response.

This image is available only for editorial use.

In short, this means material of genuine public interest and containing no commercial message, advertorial content, or similar. Material such as;

These Editorial Use Only images are not available for General purposes as they may contain identifiable people, intellectual property, etc, without needed legal releases.

Email any query to fast@mychillybin.co.nz for a rapid response.

Select the Exclusive Use Licence Full or Forward for exclusive image use, for a specified period of time.


May be used in the following applications:

(i) Editorial content - material that is of genuine public interest and free of advertising and advertorial content.

Except when the actual image is shown to be for Editorial Use Only, then it can also be used for the specified period in the sames way as the Enhanced Licence, as follows

(ii)   Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(iii)   Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

Specified Period - images may not be used beyond the specified period, without a further licence of some type being obtained.

For more including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for rapid response.

Select the Enhanced Licence for any of the following:

(i) Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(ii) Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

The Enhanced licence is not needed for Editorial Applications.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for rapid response.

Select the Standard Licence for any of the following:

(i) Editorial content of general public interest in blogs, social media, newspapers, magazines, newsletters

(ii)  Items not for resale, up to 100,000 copies

(iii) Items for resale - not coveredThe Enhanced Licence or the Exclusive Licence are needed for items for resale.  Items such as paid apps, coasters, place mats, sold books, greeting cards, etc.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for a rapid response.