Legal

Preview Agreement

1. General Terms
This Preview Licence Agreement together with the Membership Agreement govern the basis upon which members of Mychillybin™ obtain the right to use image Previews. This image Preview Licence Agreement (Preview Agreement) is entered each time a Member prints, emails, saves, copies or downloads an image Preview.  This image Preview Agreement 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 the image Preview. “Mychillybin” or “we” means Mychillybin Ltd, operator of the Site; and “Preview” means any image that you are copying, extracting or downloading from the Site without the deduction of 1 or more Credits as that term is described in clause 6 of the Membership Agreement..

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

3. Preview Licence Terms
3.1 Upon agreeing to the terms Mychillybin grants the Member, for a period of 21 consecutive days, a personal, non-exclusive, non-transferable, right to use the image Preview for any of the Permitted Uses in clause 4, subject to the Prohibited Uses in clause 5.
3.2 All other rights in and to the image Preview, including, without limitation, all copyright and other intellectual property rights are retained by Mychillybin or the supplier of the image, as the case may be.

4. Permitted Uses - Preview
4.1 Subject to the restrictions described under Prohibited Uses below, the Member may use the image Preview within test, sample, rough, comp, trial layout, or other material for evaluation purposes, in electronic or other form, for review either internally, or by immediate clients.

5. Prohibited Uses - Preview
5.1 The Member may not:

(a)  use the image Preview in any way other than for purposes listed in Clause 4. above.

(b)  use the image Preview in any finished material, electronically or in any other form, either internally or externally.

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

   (d)  post a copy of the Preview on a network server, internal network or web server for use by other users;
   (e) use or display the Preview 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;
   (f)  reverse engineer, decompile, translate, or disassemble any part of the Preview ;

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


6.       Seat Restrictions
6.1 Only the Member actually downloading the image Preview is permitted to use the Preview.  However, Members may, when such actions comply with the provisions of Clause 4 and Clause 5, transfer files that contain the Preview to their printers, or ISP for the purpose of reproduction. Such recipient parties shall have no rights to use the Preview for their own purposes and may only use it for the Member’s purposes.  If a Member requires the Preview to be used by more than one person, the Member must download the Preview from the Site for each such use.  Members may make one (1) copy of the Preview solely for back-up purposes, and must reproduce all proprietary notices on this single back-up copy.

7.       Additional Terms
7.1 Mychillybin reserves the right to not permit use of any Preview for any reason whatsoever and has the right to notify the Member that a certain Preview is no longer available for use.
7.2 Notwithstanding the above where any Preview infringes a third party’s rights (including IP rights) the licence will terminate immediately upon Mychillybin giving notice to the Member.
7.3 Whilst care is taken with the accuracy of Photo Descriptions and Keywords, no responsibility is accepted for any errors.
7.4 All other rights not expressly granted to the Member are reserved solely for Mychillybin.

Acknowledgement
The Member acknowledges that it has read these terms and the Membership Agreement, understood them, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Mychillybin agreeing to provide the Preview, the Member agrees to be bound by the terms and conditions of this Preview Agreement. 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 Preview 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.