Acceptance

1 - These terms and conditions are deemed to cover all matters (including credit terms and internet security) relating to delivery and licensing of images and text (including games and puzzles) for which More Images Australia Ltd and More Images, a division of International Photo Intellectual Property Ltd (hereafter collectively referred to as “More Images”), are licensors.  The client (deemed to be any company or individual accessing More Images’ web sites or other More Images services, including all employees of any company or other associated business) is deemed to have accepted these terms and conditions by viewing or downloading any image or text from any of More Images’ web sites including, but not limited to, moreimages.com, moreimages.com.au, oceania-news.co.nz and oceaniaphoto.com, or by receiving images or text from More Images via other electronic delivery systems such as CD, ftp or e-mail.  The client is also deemed to have accepted these terms and conditions by accepting delivery of any images or text under any dispatch notice or other document on which these terms and conditions are reproduced or by paying or disputing any invoice on which these terms and conditions are reproduced.  These terms and conditions supersede any other previous terms and conditions, express or implied.

Licensing

2 - Images or text for which More Images is the licensor may not be reproduced, distributed or sold (i.e. made use of, referred to as “use” hereafter) in any manner or form without purchasing a written licence to do so from More Images.  Without prejudice to other legal remedies, at its discretion More Images may impose penalty fees of up to 10 times the usual market rate for unauthorised use.  No licence is deemed to have been granted until all fees, including any penalties, have been paid in full by the client.

3 - Images, text or puzzles supplied to the client shall not be copied, loaned or transferred to a third party, and no use shall be made until the price and other relevant conditions are agreed with More Images.  Images or text licensed or supplied by More Images may be used only for the purpose authorised.  The client shall supply all relevant information to establish appropriate license fees and prevent any problems or potential liabilities arising from use of the image or text by other parties, or inappropriate use of the image or text in any context.

4 - Unless otherwise agreed in writing, any licence granted by More Images as specified in writing in the invoice or other relevant document allows only for the single, non-exclusive use of that image or text for print reproduction, distribution and/or sale within the territory of Australia (in the case of More Images Australia licenses) or New Zealand (in the case of licenses issued by More Images, a division of International Photo Intellectual Property Ltd).

5 - The client accepts that, where More Images is the licensor, license fees are payable for all images, text and puzzles reproduced in any New Zealand edition of a magazine or publication at More Images’ prevailing rates whether or not that publication is printed in New Zealand.

6 - The client accepts that, where More Images is the licensor, license fees are payable for all images, text and puzzles reproduced in any Australian edition of a magazine or publication at More Images’ prevailing rates whether or not that publication is printed in Australia.

7 - Where a licence is purchased before the use of an image or text, any refund of license fees (wholly or in part) due to cancellation by the client is solely at the discretion of More Images.

8 - Unless otherwise agreed in writing, where an image or text is licensed for use in a magazine, newspaper or other periodical it must be used as soon as practicable after the licence is granted, in the next available edition of the publication (having regard for deadlines).  After that edition goes off sale the licence lapses, without discount or refund, whether the images or text have been published or not.

9 - Unless specified otherwise by More Images, payment of license fees and other charges must be within seven days following receipt of the relevant invoice whether the client has utilised its licence/s or not.  Any images or text used by the client without payment of license fees within the specified time shall be deemed unauthorised uses and may incur penalty fees at More Images’ discretion (see clause 2).

10 - The client agrees to pay all of More Images’ costs reasonably incurred in debt recovery, including the charging of interest at the BNZ 90 day bill rate plus 2% on overdue accounts.

11 - More Images makes no representation or warranty with respect to utilisation of the names and likenesses of individuals or trademarks depicted in any images.  The client shall obtain whatever permission may be required for reproduction.

12 - The client shall take all reasonable steps to establish if an image or text requires approval by publicists or other third parties (hereafter referred to as “third party approval”).  Unless deemed otherwise, all studio or set-up imagery should be presumed to require third party approval.  Where third party approval is required for a licence to be granted, More Images will assist the client to obtain such approval, but may charge appropriate fees for time and costs incurred in rendering such assistance.  The client agrees that confirmation of third party approval is entirely at the discretion of More Images and is necessary for a licence to be granted.  Licensing of any image or text remains the sole prerogative of More Images, regardless of whether third party approval is granted or not.  Images or text used without confirmation of necessary third party approval shall be deemed unauthorised and may incur penalties as determined by the third parties whose approval was required, in addition to penalties provided for in clause 2.  The client agrees that More Images is not liable for any damages, costs or problems arising from the denial of, or delays in obtaining or confirming third party approvals, and undertakes to pay all legal costs (including lawyers’ fees) which might be reasonably incurred by More Images as a result of any legal action arising from use of an image or text without confirmation of necessary third party approval.

13 - Appropriate releases must be obtained by the client where images are being used for advertising, merchandising or other similar purposes.  The client agrees that More Images is not liable for any damages, costs or problems arising from a failure to obtain appropriate releases, and undertakes to pay all legal costs (including lawyers’ fees) which might be reasonably incurred by More Images as a result of any legal action arising from the client’s failure to obtain such releases.

14 - More Images takes all reasonable care in the identification and description of people, animals, scenes and objects depicted in a photograph.  But where such errors are substantially detrimental to the value of the published image, More Images does not accept liability beyond the refund of the license fee.

15 - The term “exclusive” contained in caption information is to be regarded as descriptive only, denoting that the photographer or author concerned believed in good faith that the work or events depicted were sufficiently unique at their time of creation to warrant such a label.  It is the responsibility of the client to establish whether other similar images or text created at a different time or place are in existence and to negotiate a price accordingly.  Negotiation of fees for images or text labelled “exclusive” is entirely at the client’s own risk.

16 - The client agrees to indemnify, and forever keep indemnified, More Images against any actions, suits, claims, demands and costs arising out of the reproduction of an image or text in any manner, for any purpose whatsoever by the client or other related party such as an advertiser.

17 - Unless otherwise agreed, all material must be credited with the name of the photographer/artist/writer, and the credit line moreimages.com, or moreimages.com.au.  A penalty fee equal to 50 per cent of the relevant licence fee shall be incurred by the client, at More Images’ discretion, in respect of any image which is uncredited or improperly credited.

18 - More Images must be informed if images are to be retained for layouts, visual presentations or artists' reference in any way or form.  A licence must be purchased for such a usage.

19 - Two copies of all published material (or a single video tape or other appropriate electronic media) in which images or text from More Images appear must be sent to More Images at the client’s expense within 10 days of use.

20 - Any images, text or puzzles downloaded from a web site belonging to any supplier for whom More Images is the licensor are deemed to be covered by these terms and conditions.  Should More Images not be the licensor for any particular image, text or puzzle downloaded from such a web site the terms and conditions of the web site shall prevail in relation to that image, text or puzzle.

21 - The client agrees to safeguard all web site access information, particularly usernames and passwords for More Images’ web sites, and those of any supplier for whom More Images is the licensor.  The client shall be liable for any damages, costs or problems incurred by More Images as a result of the client’s negligent or fraudulent disclosure of access information to any third parties.

Delivery - physical and electronic images

22 - If you do not accept the terms and conditions regarding delivery, where appropriate please return the accompanying consignment immediately, and/or refuse delivery.

23.  Any query regarding the delivery note details must be made within two hours of receiving the consignment.  Unless queried, all images as listed are deemed to have been received in good condition.

24 - Except where a later date for return of images is agreed in writing, any image sent on loan must be returned to More Images within three weeks of the date of submission or the date of an authorised usage, whichever is the later.  Electronic images must be trashed within that time period.  Each image not returned within that period shall incur, at More Images’ discretion, a holding fee of $5.00+GST per week, or part thereof, thereafter until the date of return.

25 - Images sent on loan are liable to be returned immediately on the request of More Images. Electronic images must be trashed immediately on the request of More Images.  Where such requests prevent the legitimate authorised use of the image as previously agreed with More Images, no license fees shall be charged.

26 - Physical images or documents received from More Images are held entirely at the client's risk of loss, theft or damage, until returned by courier, registered post or by hand.

27 - Unless notified otherwise, a fee of $600+GST shall be payable by the client for any New Zealand original image lost or damaged, $1,200+GST shall be payable for any overseas original image lost or damaged, and $60+GST shall be payable for any duplicate image lost or damaged.

28 - More Images must be notified in writing immediately any loss or damage is discovered.  The payment of a loss fee does not entitle the client to any additional rights in the material to which the loss fee relates.  A refund, in whole or in part, may be given, at the discretion of More Images, if images on which loss fees have been paid are subsequently returned.

29 - Where applicable, images must be returned in their original frames, whether they have been opened or not.  A fee of $35.00+GST shall be payable by the client each time this does not occur, or if cleaning, repair of the mount, or remounting is required.  Removal of an image from its frame constitutes a billable usage (see Licensing).

30 - Reasonable courier, transmission and library fees are payable by the client for images and/or text supplied to or collected from the client or for work undertaken to establish copyright information.