Canvass Limited Terms and Conditions

Acceptance

These terms and conditions cover all matters (including credit terms and internet security) relating to delivery and licensing of images to or by Canvass Limited. The client (deemed to be any company or individual accessing the Canvass Limited website or other Canvass Limited 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 from www.canvass.co.nz, or by receiving images from Canvass Limited 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 under any dispatch notice or other document on which these terms and conditions are reproduced or by receiving any invoice on which these terms and conditions are reproduced.

Copyright Information

All images licensed by www.canvass.co.nz are copyrighted and protected by the intellectual property laws of New Zealand and Internationally. This license does not transfer title of the image, or any intellectual property rights therein, to you. You may not redistribute or sell the images licensed to you.

Licensing

Images for which Canvass Limited 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 license to do so from Canvass Limited. Without prejudice to other legal remedies, at its discretion, Canvass Limited may impose penalty fees of up to 10 times the usual market rate for unauthorised use. No license is deemed to have been granted until the client has paid all fees in full.

Images 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 Canvass Limited. Images licensed, supplied or sourced for comping use from Canvass Limited may be used only for the purpose authorised and may not be used to create derivative works, being anything sourced from or referenced from a pre existing image. 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 by other parties, or inappropriate use of the image in any context.

Unless otherwise agreed in writing, any license granted by Canvass Limited as specified in writing in the invoice or other relevant document allows only for the single, non-exclusive use of that image for reproduction, distribution and/or sale within the territory of New Zealand. PLEASE NOTE: You must contact Canvass Limited to obtain a license for any additional use.

Where a license is purchased before the use of an image, any refund of license fees (wholly or in part) due to cancellation by the client is solely at the discretion of Canvass Limited.

Unless specified otherwise by Canvass Limited, payment of license fees and other charges must be 20th of the month following receipt of the relevant invoice whether the client has utilised its license/s or not.

Canvass Limited makes no representation or warranty with respect to utilisation of the names and likenesses of individuals or trademarks depicted in any images. Canvass Limited shall not be liable for any claim against the client by any third party for breach or alleged breach of any intellectual property rights in any images. The client shall obtain whatever additional permission may be required for reproduction. Unless our website specifically indicates an image has a model or property release, it is not to be construed that such a release exists.

The client agrees not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

Canvass Limited takes all reasonable care in the identification and description of people, animals, scenes and objects depicted in a photograph. Canvass Limited liability under these terms and conditions or generally, and whether in contract or tort, is limited to a refund of the license fee paid by a client. In no circumstances will Canvass Limited be liable for any loss of profit or exemplary or consequential damages to the client or any third party.

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

Delivery of Electronic Images

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

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.

Electronic images on loan must be destroyed immediately on the request of Canvass Limited.

Any comments or queries regarding our Terms and Conditions can be directed to sales@canvass.co.nz or +64 09 300 7520.

or

Canvass Limited
Private Bag 93 227
Parnell, Auckland, New Zealand