Terms of Use

Welcome to our digital network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via www.excio.io/nzphotographer, www.nzphotographer.co.nz or www.excio.io (Website), a mobile Platform Excio™ (Platform), print and online issues of NZPhotographer magazine. In these terms and conditions, when we say "Ad Cloud" (it is abbreviation by the way and has nothing to do with promoting advertising), we mean the digital information network operated by or on behalf of Ad Cloud Company Limited or its parent companies, subsidiaries and affiliates (collectively "Ad Cloud"), regardless of how you access the network. However you access NZPhotographer magazine, Platform or Website, you agree to be bound by these terms and conditions.

ACCEPTANCE OF TERMS

BY USING THE PLATFORM, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, OR THOSE YOU REPRESENT, DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST, DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

​​

1. Disclosure and Use of Information 

You understand and agree that the photographs and submitted Visual Content shall be treated by Ad Cloud as non-confidential.

2. Representations and Warranties

You, warrant that you are at least 18 years of age, and have the full power and authority to accept these Terms and perform your obligations hereunder.

You warrant that you are the owner of all rights, including all copyright in and to all Visual Content You provide to Ad Cloud or upload to the Website.

You warrant that you have the full and complete authority and right to accept these Terms and to grant to Ad Cloud the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Ad Cloud of the Visual Content as contemplated herein.

You further warrant that any of the Visual Content that You upload, post or transmit to Ad Cloud or the Website does not defame any person and does not infringe upon the copyright rights, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You further warrant that you will not post or transmit, or cause to be posted or transmitted, any Visual Content that is malicious, illegal, defamatory, obscene, pornographic, discriminatory (on grounds of gender, race, religion, nationality, disability, sexual orientation or age), violent, intimidating, abusive, offensive, profane, or that infringes any copyright or other right of any person.

3. Use of material appearing on the NZPhotographer Website, print or digital issues

Your use of the Website, digital or print issues of NZPhotographer is for your own personal and non-commercial use only. You acknowledge that, as between Ad Cloud and you, except for user content and advertisements (as discussed below), Ad Cloud is the sole owner of all content on the Website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Website ("Ad Cloud Content"). The Website and the Ad Cloud Content are protected by the copyright laws and other intellectual property laws of New Zealand and are protected globally by applicable international copyright treaties.

You may download and print extracts from NZPhotographer print or digital issues, Platform or Website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Ad Cloud Content for any other purpose without our prior written approval. Except as expressly authorised by Ad Cloud, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Website.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at nzp@excio.io.

4. Content Submitted for Display on the Website​

You are granting Ad Cloud a worldwide, non-exclusive license to use the Visual Content submitted by You directly to Ad Cloud or uploaded to the Platform and/or Website and are representing and warranting to Ad Cloud that Ad Cloud is free to publish, display, modify and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.

 

The license granted to Ad Cloud includes the right to use Visual Content fully or partially for,  including, but not limited to, featuring content on the Website and/or Platform, digital and printed materials, provided such Visual Content is attributed in accordance with the credits (i.e. author's name, photo titles, profile pictures, descriptions, tags or other accompanying information) if any and as appropriate, as submitted by You to Ad Cloud.

 

Ad Cloud has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Visual Content, if required.

Ad Cloud uses industry recognized software and measures to restrict the ability of Users of the Website and Platform to make or download high resolution copies of Visual Content displayed via the website and Platform. Notwithstanding this, Ad Cloud makes no representation and warranty that displayed Visual Content will not be unlawfully copied without your consent. Ad Cloud does not restrict the ability of Users of the Website or Platform to make low resolution or ‘thumbnail’ copies of displayed Visual Content.  You hereby expressly authorise Ad Cloud to permit Users to make such low resolution copies of the Visual Content.

Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by You.

Ad Cloud shall not be liable for any loss or damage to selected images or material submitted to Ad Cloud and You should maintain your own backup files for any selected images submitted to Ad Cloud.

You acknowledge that Ad Cloud will not be responsible for the misuse of the selected images by third parties.

 

5. Copyright complaints

Ad Cloud respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Visual Content posted on the Website and/or Platform infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Ad Cloud will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Visual Content claimed to be infringing and/or terminating accounts and access to the Site.

6. Links and Resources

The Website may provide, You or third parties may provide, links to other World Wide Web sites or resources (including, but not limited to, audio files, text descriptions etc). Because Ad Cloud has no control over such links, sites and resources, You acknowledge and agree that Ad Cloud is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ad Cloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such link, site or resource.

7. Indemnification of Ad Cloud

You, agree to defend, indemnify and hold Ad Cloud, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to:

 

  1. your breach of any of these Terms or use by You or any third party of the Website or Platform; or

  2. the infringement or alleged infringement of any third party intellectual property rights, including trade mark or copyright infringement arising from your website or resources hosted on the Website and/or Platform or linked to the Website and/or Platform.​

8. WARRANTY DISCLAIMER

YOU USE THE WEBSITE AND THE PLATFORM AT YOUR OWN RISK. THE WEBSITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. AD CLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AD CLOUD DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE WEBSITE OR THE PLATFORM, (E) YOUR USE OF THE WEBSITE OR THE PLATFORM, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE PLATFORM.

 

9. RESERVATION OF RIGHTS

Ad Cloud reserves all its rights to update these Terms from time to time with or without notice to You.

10. GOVERNING LAW

The validity, construction and performance of these Terms shall be governed by the laws of New Zealand