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AGREEMENT BETWEEN USER AND MINZEYE PHOTOGRAPHY

The MinzEye Photography Web Site is comprised of various Web pages operated by MinzEye Photography.

The MinzEye Photography Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MinzEye Photography Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MinzEye Photography reserves the right to change the terms, conditions, and notices under which the MinzEye Photography Web Site is offered, including but not limited to the charges associated with the use of the MinzEye Photography Web Site.

LINKS TO THIRD PARTY SITES

The MinzEye Photography Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MinzEye Photography and MinzEye Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MinzEye Photography is not responsible for webcasting or any other form of transmission received from any Linked Site. MinzEye Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MinzEye Photography of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MinzEye Photography Web Site, you warrant to MinzEye Photography that you will not use the MinzEye Photography Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MinzEye Photography Web Site in any manner which could damage, disable, overburden, or impair the MinzEye Photography Web Site or interfere with any other party's use and enjoyment of the MinzEye Photography Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MinzEye Photography Web Sites.

USE OF COMMUNICATION SERVICES

The MinzEye Photography Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

MinzEye Photography has no obligation to monitor the Communication Services. However, MinzEye Photography reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MinzEye Photography reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MinzEye Photography reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MinzEye Photography's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MinzEye Photography does not control or endorse the content, messages or information found in any Communication Service and, therefore, MinzEye Photography specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MinzEye Photography spokespersons, and their views do not necessarily reflect those of MinzEye Photography.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MINZEYE PHOTOGRAPHY OR POSTED AT ANY MINZEYE PHOTOGRAPHY WEB SITE

MinzEye Photography does not claim ownership of the materials you provide to MinzEye Photography (including feedback and suggestions) or post, upload, input or submit to any MinzEye Photography Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MinzEye Photography, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MinzEye Photography is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MinzEye Photography's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MINZEYE PHOTOGRAPHY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MINZEYE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MINZEYE PHOTOGRAPHY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MINZEYE PHOTOGRAPHY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MINZEYE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MINZEYE PHOTOGRAPHY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MINZEYE PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINZEYE PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MINZEYE PHOTOGRAPHY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MINZEYE PHOTOGRAPHY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MINZEYE PHOTOGRAPHY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MINZEYE PHOTOGRAPHY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINZEYE PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MINZEYE PHOTOGRAPHY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MINZEYE PHOTOGRAPHY WEB SITE.

SERVICE CONTACT : admin@minzeye.co.nz

TERMINATION/ACCESS RESTRICTION

MinzEye Photography reserves the right, in its sole discretion, to terminate your access to the MinzEye Photography Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of New Zealand and you hereby consent to the exclusive jurisdiction and venue of courts in New Zealand in all disputes arising out of or relating to the use of the MinzEye Photography Web Site. Use of the MinzEye Photography Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MinzEye Photography as a result of this agreement or use of the MinzEye Photography Web Site. MinzEye Photography's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MinzEye Photography's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MinzEye Photography Web Site or information provided to or gathered by MinzEye Photography with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MinzEye Photography with respect to the MinzEye Photography Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MinzEye Photography with respect to the MinzEye Photography Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MinzEye Photography Web Site are: © Copyright to MinzEye Limited and/or its suppliers. All rights reserved.

USE AND VALUE OF PHOTOGRAPHS

The value in our photographs resides in the copyright that protects them from use by others without our permission. Copyright laws put us in exclusive control of our photographs, whether they are taken for personal or commercial purposes. The law says that no one can use any photograph to which we own the copyright unless we permit its use. Copyright is actually a bundle of rights that can be granted by a copyright owner to another person or entity individually, partially, or in total. A copyright can be divided into many component parts. Each of those parts has value. Licensing lets us extract the value from each part. A license is permission to do something, for example, license to use the photographs created by us. A license usually defines parameters of use and is a legally binding permission.

As copyright owners we have the right to control the use of photographs taken by us. For instance, who can use them, what they are used for, where and when they will be used, how they are used, and why certain limitations are placed in certain circumstances. A person who commissions MinzEye Photography and pays for the taking of a photograph agrees that copyright ownership of that resulting work remains with MinzEye Photography, and that permission to use the photographs taken will be granted through license. There are a combination of factors that impact on the price of a license, and although the process is extremely complex, there are four basic factors influencing the value of rights: limited, unlimited, exclusive, and non-exclusive. The relative value of each of the categories allow us to have a basis for calculating the value. Therefore, one aspect of determining the price of a licence to use a photograph is whether the licensee wants exclusive rights (for example, generally, stock photography licenses are not exclusive in any way and are economically priced for that reason). There is a simple rule when it comes to licensing any level of exclusive rights: The value and the price go up as the level of exclusivity increases. Generally speaking, photographs captured for paying customers are charged a "base rate" only, which by default, restricts use to Limited and Non-Exclusive license rights of those photographs. MinzEye Photography's fee involves more than the cost of the rights to use the image. The basis of pricing is time, materials, and direct and indirect costs (to mention a few), as well as skill, experience and creativity that separate our photographers from others. There are always exceptions to using this method of calculation, and you must contact us directly to determine what method will be used in your particular circumstances.

RIGHT TO BE IDENTIFIED AS AUTHOR

As the creator (hereafter called the "author") of any photographic work, MinzEye Photography asserts the right to be identified as it's author. For example, in the case of commercial publication, or the issue to the public of copies of our work, MinzEye Photography must be clearly and reasonably prominently identified as the author. Any use of our work without being identified must be approved in writing by MinzEye Photography.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

MinzEye Photography for People and Pet Portraits, Wedding Photographs, Photographic Art, and much more

Phone: + 64 9 4077479 Email: info@minzeye.co.nz Postal Address: PO Box 291, Kerikeri 0245, Bay of Islands, New Zealand.


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