Licence Agreement and Terms and Conditions Governing Use of "Pix-4-Biz" Royalty Free Images
General
Conditions
This is
a legal agreement between you and Pix-4-Biz (an operating division
of Ad-Vent Marketing Ltd) for the provision of any drawings, photographs,
diagrams, text (hereinafter "the Images").
By receiving from Pix-4-Biz on CD-ROM, or downloading from its website any of the Images, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you do not agree, promptly return the CD-ROM in its original packaging within 5 working days from date of receipt for a refund and delete all downloaded images from all storage devices.
The images supplied on CD-ROM(s) or from the website are protected by copyright and other laws in New Zealand and international copyright laws and treaties. The Images are licenced, not sold.
Copyright
and any other intellectual property rights in the Image(s) are owned
by, and at all times remain the property of, Pix-4-Biz and/or Ad-Vent
marketing Ltd. Unless
specified, the image(s) are NOT model or property released.
Licence
Pix-4-Biz
grants you the non-exclusive, non-transferable licence to use and
modify supplied Image(s), on a world-wide and perpetual basis, in
the course of your own business activities subject to the restrictions
contained herein.
Non-permitted uses are:
- Logos and signature/branding images.
- Retail products where the "image" is the product (e.g. calendars or postcards, etc).
- Greater than 72dpi resolution on the Internet (www or any electronic public server network, etc).
- The Image(s) may not be sub-licenced, resold or otherwise made available for use or distribution to third parties.
- Using, or allowing
anyone else to use, any Image(s) or part thereof to create pornography,
libelous, obscene or defamatory images
Limited
Warranty
We warrant
that any images, stored or recorded on any format, shall be free
from defects in materials and workmanship for 90 days from the date
of delivery. Your sole and exclusive remedy for a breach of this
warranty is the replacement of the digital media, or a refund of
the purchase price solely at the discretion of Pix-4-Biz.
Limitation
of Warranty and Liability
Except for the above
Limited Warranty, the Images are provided on an "as is" basis, without any other warranties, or conditions, express or implied,
including but not limited to warranties of merchantable quality,
merchantability or fitness for a particular purpose, or those arising
by law, statute, usage of trade or course of dealing. The entire
risk as the the results and performance of the Images is assumed
by you, the Purchaser. Neither Pix-4-Biz nor its agents, representatives
or distributors shall have any liability to you as the Purchaser,
or any other person or entity for any indirect, incidental, special
or consequential damages whatsover, including but not limited to
loss of revenue or profit, lost or damaged data or other commercial
or economic loss, or by claims by a third party. Our maximum aggregate
liability to you, and that of our agents, representatives or distributors
shall not exceed the amount paid by you for the Images. Some jurisdictions
do not permit the restriction of liability in respect of death,
personal injury, deceit nor the exclusion of certain implied conditions
and/or warranties and, accordingly, the liability of Pix-4-Biz shall
not be restricted to the extent that this is not legally permitted.
Copyright
All title and copyrights
in and to the Images and any copies of Images, are owned by Piz-4-Biz
or its principal Ad-Vent Marketing Ltd. The Images are protected
by copyright laws and international treaty provisions. Therefore,
you must treat the Images like any other copyrighted material EXCEPT
that you may either (a) make one copy of the Images solely for backup
or archival purposes, or (b) install the Images on single computer
provided you keep the original solely for backup or archival purposes.
You may not copy any printed materials accompanying the Images which
constitutes the "Look" of Pix-4-Biz.