1. Copyright, Licenses and Submissions
The entire contents of the Site and all photography and videography services included in this order are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Queenstown Media LTD, its affiliates or other third party licensors. You may not modify copy, reproduce, publish, upload, post, transmit, or distribute, in any manner, the material on the site and products of the services delivered to you, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to queenstownmedia.co.nz a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Queenstown Media LTD (“www.queenstownmedia.co.nz“) by all means and in any media now known or hereafter developed. You also grant to Queenstown Media LTD (“www.queenstownmedia.co.nz“) the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Queenstown Media LTD (“www.queenstownmedia.co.nz“) for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Queenstown Media LTD (“www.queenstownmedia.co.nz“).
All photographs appearing on this site or delivered to you as part of the service we provide are protected under New Zealand and International copyright laws. The photographs appearing on this site may not be downloaded except by normal viewing process of the browser. The photographs appearing on this site may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitisation or synthesising of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Queenstown Media LTD (“www.queenstownmedia.co.nz“) Use of any image as the basis for another photographic concept or illustration is a violation of copyright. Queenstown Media LTD (“www.queenstownmedia.co.nz“) vigorously protects copyright interests. In the event that an infringement is discovered, you will be prosecuted for Copyright Infringement in New Zealand Court where you will be subject to a fine of $150,000 NZD statutory damages as well as all court costs and attorneys’ fees. By entering this site you are agreeing to be bound by the terms of this agreement. Entrance to site is expressly on these conditions which embodies all of the understandings and obligations between the parties hereto.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Queenstown Media LTD (“www.queenstownmedia.co.nz“) Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Queenstown Media LTD (“www.queenstownmedia.co.nz“) Queenstown Media LTD (“www.queenstownmedia.co.nz“) does not operate, control or endorse any information, products or services on the Internet in any way. Except for Queenstown Media LTD (“www.queenstownmedia.co.nz“) identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Queenstown Media LTD (“www.queenstownmedia.co.nz“) a. You also understand that Queenstown Media LTD (“www.queenstownmedia.co.nz“) cannot and does not guarantee or warrant that files available for downloading through the Site or other drive resorses will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Queenstown Media LTD (“www.queenstownmedia.co.nz“) provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Queenstown Media LTD (“www.queenstownmedia.co.nz“) shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all options, advice, service, merchandise and other information provided through the service or on the internet generally. Queenstown Media LTD (“www.queenstownmedia.co.nz“) does not warrant that the service will be uninterrupted or error-free or that defects in service will be corrected.
LIMITATION OF LIABILITY
In no event will Queenstown Media LTD (“www.queenstownmedia.co.nz“) be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Queenstown Media LTD (“www.queenstownmedia.co.nz“) or its authorized representatives have been advised of the possibility of such damages, or (II) and claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Queenstown Media LTD makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Queenstown Media LTD (“www.queenstownmedia.co.nz“) web site, please understand that it is independent from Queenstown Media LTD (“www.queenstownmedia.co.nz“) and that Queenstown Media LTD (“www.queenstownmedia.co.nz“) has no control over the content on that web site. In addition, a link to a Queenstown Media LTD (“www.queenstownmedia.co.nz“) web site does not mean that Queenstown Media LTD (“www.queenstownmedia.co.nz“) endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification
You agree to indemnify, defend and hold harmless Queenstown Media LTD (“www.queenstownmedia.co.nz“) its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Queenstown Media LTD (“www.queenstownmedia.co.nz“) and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term and Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of New Zealand applicable to agreements made and to be performed in New Zealand. You agree that any legal action or proceeding between Queenstown Media LTD (“www.queenstownmedia.co.nz“) and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Zealand. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Queenstown Media LTD (“www.queenstownmedia.co.nz“) s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Queenstown Media LTD (“www.queenstownmedia.co.nz“) may assign its rights and duties under this Agreement to any party at any time without notice to you.
