The following contract is a legal agreement (hereinafter referred to as the “Agreement”) between you or the employer or any other entity on whose behalf you are entering into this Agreement (“you”) and Dancebeat Limited of 46 Wharf Road, Auckland, New Zealand trading as “PIXiPIC.com” (hereinafter referred to as “PIXiPIC”).

Please read this Agreement carefully and in full before downloading any PIXiPIC images (hereinafter referred to as “Image” or “Images”) from this web site (the “Site”). By downloading any Image, you agree to be bound by this Agreement, PIXiPIC’s Terms of Use and the PIXiPIC Privacy Policy, all of which are incorporated herein and made a part hereof by this reference. Your failure to comply with the terms hereof could result in the immediate termination of your account.

PIXiPIC reserves the right to change this Agreement at any time, and you agree to be bound by such changes. If and when changes are made notification will be provided to you by email. Please make sure that you read and understand all changes. If you do not agree to this Agreement, as same may be amended from time to time, do not download or use any Images. If the use you are contemplating is not permitted by this Agreement, please contact us for an Extended Image Usage Agreement tailored to your requirements and which offers a broader range of Image uses.


Standard Image Licence Agreement General Terms (Part One)

All Images on the Site are protected by the New Zealand Copyright Act (1994) and international copyright laws and treaties. PIXiPIC owns all rights, including the copyrights in and to the Images. PIXiPIC reserves all rights in and to the Images not expressly granted to you by the terms of this Agreement. Your rights to use any Image are subject to this Agreement and are conditioned upon your payment to PIXiPIC for your use of the Images. If you fail to make payment to PIXiPIC when due or your credit card charge is refused or charged back, your account will be deemed to be delinquent. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and PIXiPIC’s costs of collection, disputes resolution at the disputes tribunal, bank charges and credit card processing fees are received by PIXiPIC no later than fourteen days from the date that your account became delinquent.

This Agreement grants you a single-user, single-seat licence. This licence may not be used simultaneously on multiple devices, or at any time by multiple persons. This licence is assignable one time to an employee or agent of yours, provided that you provide no less than seven days prior written notice of such assignment to PIXiPIC.

You may not copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times in any physical medium, either directly or indirectly, except as expressly provided in Part Two hereof.


Standard Image Licence Agreement Usage Rights (Part Two)

By this Agreement, PIXiPIC grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein and in Part Two hereof. You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating the Images.

Permitted Web / Electronic Uses

This Agreement grants you the right to:

  • Incorporate Images into software for use as splash screens or background images, including but not limited to phone applications, video games and device firmware, provided that the Images or any digital files containing the Images cannot be unincorporated from the software;

  • Incorporate Images on web sites, provided that no Image is: i) displayed at a resolution greater than 1300 x 900 pixels landscape or 900 x 1300 portrait; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images;

  • Incorporate Images into film and video and use them in multimedia presentations;

  • Use Images in multi seat licence electronic textbooks, including eBooks;

  • Use Images in coordination with opt-in email marketing and newsletters. However, Images are not permitted to be used in connection with unsolicited or spam emails or linked to from unsolicited emails;

Permitted Print Uses

  • Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your product or project and not the definitive part of such prints and/or posters and/or other reproductions and further provided that the surface area of any single poster does not exceed 1 square metre and further provided that the print or manufacturing run(s) of such posters do(es) not exceed two hundred fifty thousand (250,000) copies in total;

  • Use Images as prints, postcards (i.e. a hardcopy), posters and other reproductions for your own personal use and display, including display in commercial settings. However such hardcopies are not permitted to be resold or otherwise distributed;

  • Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogues provided that Images are not used as a logo or trademark, and further provided that no individual Image is reproduced more than 250,000 times in the aggregate;

  • Use Images in magazines, newspapers, books, book covers, textbooks, editorials and directories for editorial and/or advertising purposes, provided that the print or manufacturing run(s) of such magazines, newspapers, books, book covers, textbooks, editorials and directories does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

  • Use Images in the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

All other rights in the Images are expressly reserved by PIXiPIC for itself. If you wish to use an Image or Images in any manner not provided by this Standard Image Licence Agreement, you may contact us to arrange a customised Extended Image Licence which provides a broader grant of rights based on your specific requirements.


Standard Image Licence Agreement Restrictions (Part Three)

You may not:

  • Use an Image other than as specified in Part One.

  • Use or display any Image on websites or in connection with any service designed to sell or induce sales of user commissioned “print-on demand” products using or incorporating Image(s), including, by way of example only, tee shirts, posters, wallpaper, postcards, mugs, giclée prints, artwork and other items. For the purposes of this Agreement, the term “print on demand” means, a printing technology and business process in which copies of a product are not printed until an order for the product has been received. Incorporating Image(s) in any “print on demand” products requires a PIXiPIC Extended Licence.

  • Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this Agreement.

  • Use Images in a manner that competes with PIXiPIC’s business. This includes, by way of illustration only and not by way of limitation, offering Images for sale, displaying Images in any format (including thumbnails) for download on a website,  incorporating Images into templates of any nature, including templates for websites, social networking websites, documents, projects or otherwise making Images available for distribution and/or sale to third parties.

  • Share any Image by providing access to such Image on computer networks, servers, shared disk drives, cloud network or other intranets of any nature or otherwise.

  • Use an Image in a way that places any person (adult and/or minor) depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, “adult videos” or the like; b) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; c) in ads for tobacco products or other addictive substances; d) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products (including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products), if the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity; e) in connection with political endorsements; and f) in any manner that is defamatory, or contains unlawful or offensive content.

  • Use PIXiPIC Images as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement.

  • Images must be an integrated, inseparable part of a product and must constitute less than 75 percent of the overall product area, page layout or design. 

  • Use an Image marked “Editorial use only” for commercial purposes. In the case that an Image is marked, “Editorial use only”, additional permissions are required for commercial use.

  • Use automated programs, bots, applets or the like to access the Site or any part thereof for any purpose, including, by way of example only, downloading Images, indexing, scraping or caching the content on the website.

  • Use any Image (in whole or in part) as a logo, trademark, service mark, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

  • Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.

  • Use an Image in such a manner that it infringes upon any third party’s trademark or other intellectual property.


Standard Image Licence Agreement Miscellaneous (Part Four)

PIXiPIC shall be under no obligation to issue refunds under any circumstances for its royalty-free images (the Content which is viewable on the Site by the public and registered Members), unless required by law. In the event that PIXiPIC determines that you are entitled to a refund of all or part of the fees you paid, such refund shall only be made to the credit card account originally used by you to purchase your image. Service fees are non-refundable.

PIXiPIC offers refunds for rights-managed images (Content which is not made available for viewing or direct purchasing on the Site). If an image does not meet your needs and you have not used the Image, you can return it for a full refund within seven days.

You agree that you will not share your username and password combination. Your PIXiPIC username and password are to be used only by you. Each person that desires to access the Site must have his/her own username and password. You may access your account on multiple computers, but only one computer may be logged in using your account at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that user’s account without refund or prior notice. We reserve the right to monitor accounts and institute measures to stop users from sharing their login information.

“Non-transferable” as used herein means that except as specifically provided in these terms and conditions, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein.

The work you produce with the Image must be used for yourself, your client, direct employer, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any PIXiPIC Image(s) please notify us via email at support@pixipic.com.

You agree to indemnify and hold PIXiPIC, its directors, shareholders, managers, employees, members and suppliers, and those of its affiliates including parent companies and subsidiaries, harmless against any damages or liability of any kind arising from any use of Images other than the uses expressly permitted by this Agreement. You further agree to indemnify PIXiPIC for all costs and expenses that PIXiPIC incurs in the event that you breach any of the terms of this or any other agreement with PIXiPIC.

You Warrant and Represent that:

  • All information, including personal information, that you provide to PIXiPIC is complete, accurate, and current at the time you provide it to PIXiPIC. You agree to correct and update such information to ensure its completeness and accuracy at all times. Falsification of such information, or failure to comply with this Agreement may result in the termination of your account with PIXiPIC.

  • You agree that you may not have more than one account without PIXiPIC’s prior written consent. You may not create additional accounts for the purpose of re-using promotional codes, affiliate program referrals or other bonus or special offers. You may not use more than one promotional code or offer without PIXiPIC’s consent. Promotional codes and offers may not be combined.

  • You will not in any way impersonate another person or act in a manner which may cause others to confuse you with another party. You will not engage in any behavior which PIXiPIC, in its discretion, deems vulgar or otherwise offensive.

  • If PIXiPIC terminates your account, you will not access the Site in any manner or for any reason without the prior express written permission of PIXiPIC.

  • You accept responsibility for any and all activities conducted through your PIXiPIC account. You agree to notify PIXiPIC immediately of any unauthorized use of your account, including the unauthorized use of your password or account, as well as of any other breach of security that may affect PIXiPIC.

While PIXiPIC uses commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, PIXiPIC makes no warranties and/or representations regarding such keywords and Image descriptions.

You must be at least 18 years of age to use the Site and accept this Agreement. PIXiPIC may require any registrant to provide sufficient proof of age.

The rights granted to you under this Agreement shall terminate immediately and without notice: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings, by or against you; (ii) upon you making an assignment for the benefit of creditors; or (iii) upon the dissolution of any entity on whose behalf you entered into this Agreement, or at the moment such entity ceases to do business. PIXiPIC shall not consent to any assumption or assignment of the rights granted hereunder in the event of any of the preceding.

This Agreement is a contract which shall be governed by and construed in accordance with the laws of New Zealand. You hereby consent to the personal jurisdiction of the courts located within New Zealand. All actions, controversies and disputes arising from or relating to this Agreement shall be heard and decided exclusively before the courts located within New Zealand and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party. However, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This Agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.

If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full authority and right to do so. In the event that you do not have such authority, you agree that you will be personally liable to PIXiPIC for any breaches of the terms of this Agreement.

Credit Attributions and Copyright Notices for Editorial Uses of Images

  • You shall provide a link back to www.pixipic.com (where applicable) -OR- provide a credit to PIXiPIC in connection with the editorial use of any Image. Such credit shall be in substantially the following form: “PIXiPIC.com”

  • In the event that an Image is used in connection with television, a film, documentary, broadcast, or other multimedia or audiovideo project, you shall use reasonable commercial efforts to accord PIXiPIC a credit as provided above.

  • The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that you cure such omission following email notice from PIXiPIC.

PIXiPIC grants no rights and makes no representations or warranties with respect to the use of any names, service marks, trademarks, copyrighted designs, logotypes or works of art or architecture depicted in any Image. It is your responsibility to assure that all necessary consents, rights or permissions that may be required for your use of any Images are obtained.

In the event that you breach any of the terms of this or any other agreement with PIXiPIC, PIXiPIC shall have the right to terminate your account without further notice. Such termination shall be in addition to PIXiPIC’s other rights at law and/or equity. PIXiPIC shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of any such breach or breaches.

You understand that you should seek counsel before using Images on or in connection with any goods or services or for any other commercial purposes.

In no event shall PIXiPIC’s total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the PIXiPIC website and/or Image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by PIXiPIC from you for your use of the applicable Image(s). Neither PIXiPIC nor any of its directors, shareholders, managers, employees, members, suppliers or those of its affiliates including parent companies and subsidiaries, shall be liable to you or to any other person or entity for any general, special, punitive, indirect, incidental or consequential damages, or lost profits or any other damages, losses or costs arising out of your use of the Image(s), PIXiPIC’s breach of this Agreement, or otherwise, unless expressly provided for herein, even if PIXiPIC has been advised of the possibility of such damages, losses or costs.

In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting PIXiPIC, PIXiPIC will promptly file a complaint with New Zealand’s law enforcement authorities.

PIXiPIC does not warrant that the Image(s), PIXiPIC website, or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Image(s) is solely with you.

Effective 20 October, 2014

gET NEW iMAgE UPDATES

PiXiPiC iS A NEW ZEALAND BASED STOCK PHOTOgRAPHY iMAgE LiBRARY AND TALENT AgENCY

We work with local children, youth and adult talent to create unique images that represent New Zealand’s multicultural face and ethnic diversity.

Furthermore we offer to organise bespoke photoshoots for our local and international clients, or arrange for our talent to attend local auditions.

SALES AND SUPPORT

CONTACT US   SUPPORT@PiXiPiC.COM   +649 834 2122 (9AM–5PM NZT)