Last Updated: 2025-01-10

This is a legal agreement between you the licensee (as defined bellow) and Rob Suisted of www.naturespic.com (and related websites such as www.naturespic.co.nz). This agreement applies to the Rights Managed license of Images and Video taken by Rob Suisted and the icensee and their affiliations acknowledges the following Rights and Obligations of Rob Suisted.

By downloading or receiving any content from www.naturespic.com, you accept the terms of this agreement.

1. Definitions. In this Agreement the following definitions apply.

1.1 "Invoice" means the computer-generated or pre-printed invoice provided by Rob Suisted of www.naturespic.com that will include the permitted scope of use of the Rights Managed Licensed Material selected and the corresponding price for the license of such Rights Managed Licensed Material.

1.2 "Rights Managed Licensed Material" means any still image or video footage, audio product, generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright or other intellectual property right, which is licensed to Licensee by Rob Suisted of www.naturespic.com under the terms of this Agreement.

1.3 "Licensee" means the person or entity set forth in the applicable Invoice as the "licensee" and receiving the rights to the Licensed Materials as specified hereunder.

1.4 "Reproduction" and "Reproduce" mean any form of duplication, copying or publication of any or all of the Licensed Material, via any medium and by whatever means, and/or the distortion or manipulation of the whole or any part of the Rights Managed Licensed Material and the creation of any derivative work from the Licensed Material.

2. Grant of Rights & Restrictions.

2.1 Subject to the terms and conditions contained herein, Rob Suisted of www.naturespic.com grants to the Licensee a Non-Exclusive, Non-Transferable, Non-Assignable and Non-Sub Licensable right to Reproduce the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement.

2.2 Use of the Licensed Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in the Invoice. Licensee may utilize the Rights Managed Licensed Material in any production process that may be necessary for the intended use specified in the Invoice.

2.3 Copyright and all forms of ownership remains solely the property of Rob Suisted. No ownership or copyright in any Licensed Material shall pass to Licensee.

2.4 Image Credit. If any Licensed Material is reproduced in an editorial or similar manner the Photo Credit: Rob Suisted - www.naturespic.com, must appear adjacent or on top of the Licensed Material.

2.5 No Further Reproduction of Images in any medium or any form without prior written approval.

2.6 Electronic Storage. All Rights Managed Licensed Material must retain all embedded copyright information or metadata that may be embedded in the electronic file containing the original content. Images will not be stored electronically where an unauthorized third-party may have access to images. The Licensee will immediately notify Rob Suisted of ww.depth.co.nz if it becomes aware or suspects that any third party has gained electronic access to the licensed images. The Licensee may make one (1) high-resolution backup copy of the Licensed Material for security reasons only. Upon the expiration of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage systems.

2.7 No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including New Zealand’s Department of Conservation permits).

2.8 No Commercial Use of Editorial Content. Unless additional rights are specified on the Images invoice or prior written approval from www.naturespic.com. Editorial images are not model or property released and are intended to be used only in connection with events or topics that are newsworthy or of general public interest.

2.9 No Alteration of Editorial Content. Editorial images may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.

2.10 No Standalone File Use. You may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

2.11 No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

3. Warranty and Limitation of Liability.

3.1 Rob Suisted of www.naturespic.com warrants that he has all necessary rights and authority to enter into and perform this Agreement. The Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice Rob Suisted of www.naturespic.com shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction

3.2 Rob Suisted of www.naturespic.com makes no other warranties, express or implied, regarding the licensed material, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Rob Suisted of www.naturespic.com shall not be liable to licensee or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of licensee's use of the licensed material or otherwise, even if Rob Suisted of www.naturespic.com has been advised of the possibility of such damages, costs or losses. Rob Suisted of www.naturespic.com maximum liability arising out of or in connection with licensee's use of or inability to use the licensed material (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to the value paid by the licensee for the licensed material.

4. Overdue Invoices.

4.1 If Licensee fails to pay the invoice in full within the time specified on the invoice, Rob Suisted of www.naturespic.com may add a service charge of one percent (5%) per month on any unpaid balance until payment is received. Rob Suisted of www.naturespic.com also reserves the right, in its sole discretion, to revoke the license if payment is not made in full on time.

5. Unauthorised Use.

5.1 Any use of Licensed Material in a manner not expressly authorised by this agreement or in breach of a term of this Agreement constitutes a copyright infringement, entitling Rob Suisted to exercise all rights and remedies available to it under copyright laws around the world. The Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.