PhotoSales NZ | New Zealand Photography specialists

Terms and conditions

These terms and conditions apply to anybody who creates an account or profile on either the Photo Sales Community website or the Photo Sales Business website. Photo Sales is the trading name of Pictures on Line Ltd.

By signing up as a member of the Photo Sales Community or Photo Sales Business you agree that the Photo Sales administrators can remove your account and profile and ban you from participating in the future, at their sole discretion, if you breach these terms and conditions.In creating such an account or profile you agree not to;

Our enforcement policy is to consult with you if an infringement of these rules comes to our attention, however contacting you in any way does not prejudice our right to delete your profile and material without warning.

In creating an account or profile on a Photo Sales website you accept that Pictures on Line Ltd can not give a 100% guarantee of continuous service. From time to time for reasons outside the control of Pictures on Line Ltd the website may not be accessible. You agree that you will not hold Pictures on Line Ltd liability for any damage or loss caused by such a failure.

Intellectual Property All material you upload remains your intellectual property at all times. However by creating an account or profile on a Photo Sales website you agree to give us non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to display your material on the internet and sell the image according to the settings you choose, on your behalf. This agreement remains in force until you close your Photo Sales account and profile and delete your material. See below for more detail.

You understand that whilst deleting your profile, photographs and material will prevent the same from being displayed, your profile, photographs and material may still remain in our backup databases for some time afterwards. Pictures on Line Ltd trading as Photo Sales agrees to not display such profiles, photographs and material from the time you delete it and to remove it from backup data bases and archives at the next scheduled purge.

Photo Sales or Pictures on Line Ltd has no control over or, accept any responsibility for the use of any information or material once it has been moved off the Photo Sales platform by any third party, member of the Photo Sales community or member of the public.

Privacy

Personal information you submit in your account details or profile will not be sold or passed to anybody, period! We will only communicate with you through your profile page, or ‘wall’ or by email if you have requested us to do so in your profile settings.

Copyright Information regarding Brands & Logos

Profiting by selling photographs or material that displays a registered name, phrase or logo is likely to breach the intellectual property rights of the owner of the same.

Example: A photograph featuring a Ford XR8 Sports saloon as the main subject.To avoid breaching the intellectual property rights of teh Ford Motor Company you must remove or obscure the Ford logo and the XR8 badging, unless permission is given under a license agreement with Ford. Ford may even take issue with the car being the main subject.

If the logo is incidental to the main subject this is not as much an issue, although in an extreme case it could still be contentious.

Example: A photograph of a street protest that displays a Coke logo on a dairy in the background is probably OK.The test is whether displaying the logo enhances the value of the photograph or enhances the likeliness of it selling.

Photograph Ownership

Every photograph displayed on a Photo Sales website remains the property of the photographer except where such rights are passed to a third party in a contract; ie the photographer is commissioned or employed to take photographs.

In uploading photographs to the Photo Sales websites you are making a declaration of ownership and indemnifying Pictures on Line Ltd trading as Photo Sales from any intellectual property claims that may be laid by a third party.

The copyright belongs to you the photographer and you grant Pictures on Line Ltd, Trading as Photo Sales a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to display your material on the internet and sell the image according to the settings you choose, on your behalf

The photographer owns all intellectual property rights to a photograph, except in two common situations;

1. The photographer was commissioned to take the photograph and the commissioning contract specifically states that the intellectual property of photographs will pass to the person commissioning the photographer or a third party.
2. The photographer was an employee and the photograph was taken in the course of their employment.

If the photographer is not commissioned or an employee then the person that took the photograph owns the copyright, irrespective of who owns the film, data storage medium, prints, or camera.

End User License Agreement (EULA)

By downloading any image or material from a Photo Sales website, you hereby agree to become a party to the following agreement.

This agreement is between Pictures on Line Ltd trading as Photo Sales who represent contributing photographers. (referred to as contributing members) and yourself (referred to as an end user of such photographs or material)

The following Terms and Conditions constitute a legal agreement between you and Pictures on Line Ltd trading as Photo Sales.

By creating an account on the Photo Sales website you are asserting your declaration of having read, understood and agreed to all the terms and conditions as outlined in these terms and conditions and elsewhere on this website.

Pictures on line Ltd trading as Photo Sales has distribution rights only. All intellectual property rights remain with the photographer or creator of the material displayed on the Photo Sales website.

On behalf of contributing members Pictures on Line Ltd, Trading as Photo Sales grants you a nonexclusive, non transferable license to download, use, modify, publish, and display photographs and materials fo;

1. The creation, development and marketing of a business or organisation.

Example; internet and offline presentations, restaurant menus, newspaper, magazines and book illustrations, brochures, fliers, advertisements and general business promotional material.

2. The creation and enhancement of a product for resale other than products that are primarily a photograph or picture.

   Example; Downloading and using a photograph as a background for a video game is OK. Printing a photograph to resell as a print or framed photograph without written permission from the photographer, is not OK.

   Example; Using a photograph to illustrate a website as a professional web developer is OK. Selling an image from a website is not OK

   Example; Downloading and using a photograph to enlarge for a gift is OK. To downloadand sell a photograph in any size or form is not OK

As an end user of Photo Sales website and photographs and material downloaded you agree not to;

• Share, sell, gift, or allow anyone to use your username/password, or access your account for any reason
  
• Distribute, whether electronically or in hard copy, share or on sell any photographs or material you download or cause to be downloaded
• Use any photographs or materials in connection with any illegal, obscene, immoral, or unkind purpose
  
• Download large quantities of photographs or material by automated download processes for any purpose what so ever

As an end user of photographs and material down loaded from the Photo Sales website you acknowledge that you cannot authorise a third party to use such photographs or material in a way that contravenes the terms and conditions of this agreement.

As an end user of photographs and material down loaded from the Photo Sales website you understand and agree that Pictures on Line trading as Photo Sales may, in its sole discretion:

• Monitor your activity on the Photo Sales website at any time.
  
• Limit or cease entirely the download of photographs or material if it is determined that the terms and conditions of this agreement are being breached

Liability

Pictures on Line Ltd trading as Photo Sales, its employees, directors or officers do not accept any liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use any photographs or material downloaded from the Photo Sales website.

End User Guarantee

If any downloaded file, image, print or product proves to be defective Pictures on line trading as Photo Sales agrees without question, to refund the purchase price in full, or replace the faulty file, image, print or product at the discretion of the end user.