Legal

1.      General Terms

This Standard Content Licence Agreement together with the Membership Agreement govern the basis upon which Members of mychillybin™ obtain the right to use Content. This Standard Content Licence Agreement (Standard Content Licence) is entered each time a Member downloads Content (unless the member requires the additional rights contained in the Enhanced Licence or the Exclusive Licence and has therefore agreed to those terms). This Standard Content Licence incorporates the terms of the Membership Agreement provided that where there is inconsistency between the terms set out here and the Membership Agreement the terms set out here shall prevail.

2.       Definitions

2.1     In this Agreement , “Member” means the member whose member name is being used to access and download the Content. “Mychillybin” or “we” or “our” means mychillybin Ltd, operator of the Site; and “Content” means any photographic image or other material that you are downloading from the Site, together with any accompanying material.

2.2.   In this Agreement, “Editorial Use” means:

  (a) use for editorial purposes in magazines, newspapers, blogs, websites, emails and newsletters, but  specifically not in advertorials which include brand or product names or where a fee is received from a third-party advertiser or sponsor.

  (b)    non commercial use relating to events that are newsworthy or of general interest.

2.3 Terms defined in the Membership Agreement shall have the same meaning here.


3.       Standard Content Licence Terms

3.1 Upon agreeing to the terms Mychillybin grants the Member a personal, non-exclusive, non-transferable, right to use and reproduce Content in the ways set out in clause 5, subject to the limitations in clause 7.1.

3.2 This Standard Content Licence limits the usage of Content to one user in the Member’s organisation.  If the Member requires a licence for more than one user they should refer to our Enhanced Licence Agreement if available for the relevant Content.

3.3 All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by mychillybin or the supplier of the Content, as the case may be.


4.       Payment

Where a Member wishes to download Content from the Site under this Standard Content Licence 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.  Payment of this fee entitles the Member to use the Content for any of the Permitted Uses set out below and in accordance with the terms of this Standard Content Licence.

5.       Permitted Uses - Standard Content Licence

5.1 Subject to the restrictions described under Prohibited Uses below, the Member may use the Content for the following permitted use:

  (a)     Editorial Use (unlimited print run), including the following credit adjacent to the Content: “©mychillybin.co.nz/Artist’s Member Name".

5.2      Except where the Content is marked Editorial Use Only, and subject to the restrictions described under Prohibited Uses below, the Member may use the Content for the following additional permitted uses:

  (a)   for on–line or electronic publications, including web pages (provided the quality of Content is not included at greater than 72 dpi), as décor in the member’s home, office, lobby, building’s public area, restaurant, or retail store;

 (b)   in video, film, or television broadcasts;

  (c)   in connection with the Member’s business (or clients business if Content is purchased on behalf of) or entity branding (but not as part of a trademark, service mark or logo), print advertising and promotional projects of the Member’s own business (or clients business if Content is purchased on behalf of), including printed materials, product packaging, presentations, catalogues, brochures, panel displays for use in conventions and trade shows, promotional greeting cards and promotional postcards (ie. not for resale or license);

  (d)   prints, posters (i.e. hardcopy) and other reproductions for personal use or promotional purposes specified in (c) above, but not for resale, licence or other distribution; or

  (e)   for any other uses approved in writing by mychillybin.

5.3 The Member may only use the Content for those editorial, advertising, promotional and other specified purposes as defined above. For clarity, the Member may not use the Content in products for resale, licence or other distribution, unless the Member has purchased either an Enhanced Licence which is available (if any) for the Content or an Exclusive Licence which is available (if any) for the Content; and such usage is permitted by the Enhanced Licence or the Exclusive Licence the Member has purchased.

5.4 Notwithstanding the restriction on resale above, Members may use Content on dustcovers for books or book content, reports, and videos not for resale.

5.5 Where a Member loses a downloaded photograph they have 24 hours from the time of the initial download to download the photograph again.


6.       Seat Restrictions

6.1 Only the Member actually downloading the Content is permitted to use the Content. However, Members may transfer files containing Content to their printers, or ISP for the purpose of reproduction. Such recipient parties shall have no rights to use the Content for their own purposes and may only use it for the Member’s purposes.  If a Member requires the Content to be used by more than one person, the Member must download the Content from the Site for each such use or obtain an Enhanced Licence or an Exclusive Licence for a multi-seat licence for the Content. Members may make one (1) copy of the Content solely for back-up purposes, and must reproduce all proprietary notices on this single back-up copy.


7.       Prohibited Uses – Standard Content Licence

7.1     The Member may NOT:

  (a) use Content other than for purposes listed in Clause 5 above;

  (b) use or display any Content that features a model, person or identifiable privately owned property in a manner that would lead a reasonable person to think that such person or owner of the property uses or personally endorses any business, product, service, cause, association or other endeavour; or that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content;

  (c)   use the Content in a way that places any person or identifiable private property in the photo in a bad light or depicts them or the identifiable private property in a way that they may find offensive - this includes, but is not limited to: i) the use of Content in pornography; ii) tobacco ads; iii) ads for adult entertainment clubs or similar venues, or for escort or similar services; iv) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and v) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content;

  (d) use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

  (e)  use the Content in any posters (printed on paper, canvas or any other media) or other items (e.g. framed or mounted artwork), for resale, licence or other distribution for profit;

  (f)    sub-licence, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

  (g) post a copy of the Content on a network server, internal network or web server for use by other users;

  (h)     use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;

  (i)    reverse engineer, decompile, translate, or disassemble any part of the Content;

  (j)   use the Content, or any part of the Content, as part of a trademark, service mark, or logo;

  (k)   remove any copyright, trademark or watermark from any place where it appears on the Content;

  (l) display the Content in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work;

  (m) use or display any Content on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, artwork and other items, this includes custom designed websites.

  (n)   use the Content to compete with mychillybin.  Mychillybin is in the business of licensing Content to its customers. It is the specific intent of this provision to prohibit the Member from using Content to enter, either directly or indirectly, a similar or competing business. This includes, by way of illustration, not by way of limitation, displaying Content in any format (including thumbnails) for download on a website or offering mychillybin Content for sale.

(o)   Crop or modify the Content in a manner that substantially increases the visual emphasis on identifiable people or privately owned property within the Content, without prior email approval from mychillybin.

7.2 Reproduce, or procure or allow to be reproduced, the Content, or an element of the Content, in excess of 100,000 times without obtaining an Enhanced Licence or Exclusive Use Licence if available (except for Editorial Use, which has an unlimited print run). For the purposes of counting the number of reproductions:

  (a)   each printed item (e.g one business card, letter, brochure, flyer, or catalogue) will be one reproduction;

  (b)   each online publication (e.g webpage or blog post) will be one reproduction, and each email created will be one reproduction

  (c)   each identifiable copy used in décor will be one reproduction; and

  (d)   each identifiable copy used in a video, film or broadcast will be one reproduction.

The number of reproductions will be the number in aggregate for the purposes set out in clause 5.1 (a) – (d).


8.       Excess Reproduction Run

In the event the Member contravenes the terms of licence above then mychillybin may terminate the Member’s membership and mychillybin or contributor may take whatever action it chooses or at mychillybin’s discretion if content is able to be licensed for an Enhanced Licence and such a licence would remedy the breach then upon notification Mychillybin shall invoice the Member for the Enhanced Licence fee and the Member agrees to pay such invoice within 30 days of receipt together with interest compounding monthly at 2% above mychillybin’s bank’s overdraft interest rate from the date the Content was downloaded.


9.       Additional Terms

9.1 Mychillybin reserves the right to not permit use of any Content for any reason whatsoever and has the right to notify the Member that certain Content is no longer available for use.

9.2 Notwithstanding the above where any Content infringes a third party’s rights (including IP rights) the licence will terminate immediately upon mychillybin giving notice to the Member.

9.3 Whilst care is taken with the accuracy of Photo Descriptions, Keywords, and model and property releases, no responsibility is accepted for any errors.

9.4 All other rights not expressly granted to the Member are reserved solely for

        mychillybin.


10.     Claims

The Member may, upon request to mychillybin, be permitted to download the Content again, at a location mychillybin will provide . If the Member continues to be unable to download the Content, mychillybin will refund the fee actually paid for such Content, provided mychillybin is satisfied that the Member has been unable to download such Content successfully.


Acknowledgement

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