Legal

www.mychillybin.co.nz is managed and owned by mychillybin Limited

Thank you for using mychillybin’s website (the Website).  This page states the terms and conditions on which the Website may be used (Terms).  Please read these Terms carefully.  By accessing the Website you agree to be bound by these Terms.  If you do not accept these Terms, do not use the Website. 

 

1.              The services

Mychillybin  provides a Website for people with original photographs to post those photographs online for others to view and purchase through processes available on the Website.

2.            To purchase or sell photos

2.1          To purchase or sell photos through the Website you must register as a user (User) and agree to the registered user terms. 


3.              Website Use

3.1          Irrespective of whether you are a registered member or not when using the Website you must not:

(a)            defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b)            post any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful Content;

(c)            post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;

(d)            post any files that contain viruses, corrupted files, or other programs that may damage the operation of another's computer;

(e)            impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;

(f)              prevent any other person from using the Website;

(g)            conduct or forward competitions, surveys or chain letters;

(h)            hack into any part of the Website;

(i)              send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material.; or

(j)              commit or encourage a criminal offence.

4.                Content and mychillybin’s right to monitor

4.1              Mychillybin does not control or endorse and is not responsible for the Content posted by Users, and has no obligation to monitor Content.

                   However, mychillybin may:

(a)            review the Website and may delete or remove any Content that is in breach of these Terms;

(b)            disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content.

4.2          If you are dissatisfied with any of Content on the Website, you should notify us and discontinue use of the Website.

5.              Proprietary Rights in Content and Confidentiality

5.1          All intellectual property in the Content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files are the property of the User who posted that Content (the Owner). No Content may be modified, copied, framed, reposted, transmitted, or sold in any form without the Owner’s prior written consent.  

5.2          Intellectual property in all other site content is the property of mychillybin and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without mychillybin ’s prior written consent.

6.             Links and Advertising

6.1          This website may include links to other websites not owned by us and/or advertising not related to us. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on our website.

7.              Limitation of liability

7.1          Access to this website and use of this website is provided as a service to allow you to view photographs for sale online. As such, without limiting any rights you may have under the Consumer Guarantees Act 1993, to the fullest extent permitted by law we exclude all liability to you whether in tort (including negligence), contract, or otherwise for any loss or damage which may be suffered or incurred by you either directly or indirectly in respect of the Website, including any loss of profits or any consequential, indirect or special damages or loss or injury of any kind suffered by you or any other person. Without limitation, we will not be liable to you for losses arising directly or indirectly from any failure, error, interruption, changes, suspension, discontinuance, use or content of the Website.

8.              Exclusion of warranties

8.1          The Consumer Guarantees Act 1993 may confer rights and remedies on you in relation to the provision of the Website by us which cannot be excluded, restricted or modified. However we do exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, customs or otherwise in relation to the Website.

9.              Termination of access

Mychillybin may terminate your access to any part of, or all of this Website at any time for any reason without notice.  Mychillybin reserves the right to cease operating the whole or any part of the Website at any time.

10.          General

10.1       Mychillybin may change, alter or modify these Terms.  Any changes to these Terms will be posted on the Website and any use by the User of the Website after any such changes have been posted shall be deemed to indicate agreement to the modified Terms.  If the User does not agree to the modified Terms, the User should cease use of the Website.

10.2       Nothing in these Terms will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between mychillybin  and the User. Neither mychillybin  or the User will have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in these Terms.

10.3       These Terms are governed by and construed in accordance with the laws of New Zealand.

 

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.