Legal

This Exclusive Use Licence Agreement (Exclusive Use Licence) together with the Standard Content Licence, the Enhanced Licence, and the Membership Agreement govern the basis upon which members of mychillybin™ obtain the right to use Content located on the Site.  Terms defined in the Standard Content Licence, Enhanced Licence, and Membership Agreement shall have the same meaning here. This Exclusive Use Licence incorporates the terms of the Standard Content Licence, the Enhanced Licence and the Membership Agreement.  To the extent that this Exclusive Use Licence is inconsistent with the prohibited uses in the Standard Licence and the Enhanced Licence this Exclusive Use Licence shall prevail.

1.  Exclusivity

Obtaining an Exclusive Use Licence for Content means that no licence of any type for the same Content will be issued to other Members until the period of exclusivity selected by the Member (Exclusive Use Period) has expired.  

The Exclusive Use Licence, when available, is in one of two different forms, as shown alongside the Content on the Site;

(A)    Exclusive Full

(B)    Exclusive Forward


(A)   Exclusive Full

When Content is shown as available for the Exclusive Full form of the Exclusive Use Licence, records show no prior licences as having been issued for use of that Content.  On purchase of an Exclusive Use licence by a Member, mychillybin will make no further sales of any licence type for that Content for the full duration of the Exclusive Period.


(B)  Exclusive Forward

When Content is shown as available for the Exclusive Forward form of the Exclusive Use Licence, records show current licences as detailed on the Site as already existing for that Content.  In addition, with Exclusive Forward Content the photographer has the right to have previously made, and to continue to make, sales of fine art prints (but not electronic image files) of the Content.  On purchase of an Exclusive Use licence by a Member, mychillybin will make no further sales of any licence type for the Content for the full duration of the Exclusive Period.


2. End of Exclusive Use Period

Before the end of the Exclusive Use Period of all Exclusive Use Licences mychillybin will seek to contact by email the Member holding that licence to remind the Member of the imminent ending of the Exclusive Use Period.  After the end of the Exclusive Use Period, whether mychillybin has successfully contacted the Member of not, the Member must not continue to use the Content in any way unless the Member has (subject to availability) purchased either a Standard Licence, Enhanced Licence or a further Exclusive Use licence for that Content covering the relevant period of time.


3. Search, and Exclusive Use Licence Availability

You can search specifically for Content available for Exclusive Use Licensing using search options. Not every image on the Site has this license available. Images that do, are clearly marked with the Exclusive Use Licence option in the purchase section to the right of the image.
During the downloading process you will have the option to select the Exclusive Use Licence, and the Exclusive Use Period from the menu. You can always contact us if the image you need isn’t currently available under the Exclusive Use Licence and we'll try to help.




4.  Permitted and Prohibited Uses

With an Exclusive Licence you are permitted to use the Content in each of the ways detailed in the Standard Licence and the Enhanced Licence, other than that the Exclusive Use Period of the Exclusive Use Licence limits the time for which the Content can be used.
The prohibited uses set out in the Standard Content Licence and in the Enhanced Licence also apply to this Exclusive Use Licence.


5.  Payment

Where a Member wishes to download Content from the Site under this Exclusive Use 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 by 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 Exclusive Use Licence


Further Legal Information on the above

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


5.  Acknowledgement

You acknowledge that you have read these terms, the Standard Content Licence, the Enhanced Licence Agreement 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 Exclusive Use 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.