End-User Licence Agreement (Royalty-free – Creative & Editorial)

 

BETWEEN:

  1. Simon Cartwright Photography Limited, a New Zealand limited company operating the trading name SCP Stock (“Licensor”); and
  2. The Licensee (“Licensee”)

AGREEMENT:

  1. Licence
    • The Licensee is the person registered as the Licensee when purchasing Stock Media on this website.
    • Upon payment of the Fee for Stock Media the Licensor (on behalf of the owner of the Stock Media) grants to the Licensee a licence to download the Stock Media from this website, and to reproduce the Stock Media in accordance with this agreement (“Licence”).
    • The Licence is not exclusive to the Licensee, and may not be transferred by the Licensee.
  2. Fees & Payment
    • The Fee is the fee displayed on this website in relation to the Stock Media.
    • The Fee must be paid to the Licensor before Stock Media may be downloaded. The acceptable methods of payment are shown on this website.
    • The Fee is not refundable after the digital Stock Media has been downloaded.
  3. Copyright
    • Copyright of the Stock Media remains at all times the property of the respective Photographers and/or suppliers represented by the Licensor and shall not pass to the Licensee.  Copyright protection is covered by both New Zealand and International Copyright Laws and is strictly enforced.
  4. Display Stock Media
    • Low-resolution Stock Media displayed on this website are shown solely to enable the Licensee to evaluate and select Stock Media.
    • No person including the Licensee or proposed Licensee may download or use the display Stock Media.
  5. Prohibited Use
    • The Licensee shall not use Stock Media in an inappropriate way or for an inappropriate purpose including, without limitation:
      • In pornographic or sexual contexts;
      • In connection with drugs, alcohol, tobacco, pharmaceutical or health products;
      • For political or religious purposes;
      • In any way that is misleading or deceptive;
      • In any way that is derogatory or defamatory of any person (including the photographer of the Stock Media), or is likely to subject any person to embarrassment, ridicule, or scorn, or invades the privacy of any person;
      • In any other way which the Licensor, in its absolute discretion, determines to be an inappropriate use or purpose. Please contact SCP Stock to discuss any use you may consider sensitive to determine whether your proposed use of an image would be prohibited by this restriction;
      • Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Media or the rights granted under these terms;
      • Use Stock Media identified as “Editorial” or “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial” or “Editorial Use Only” of Stock Media means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (ie. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
      • Use Stock Media in a manner that competes with our business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
      • Use the Stock Media for editorial purposes without including the following credit adjacent to the Stock Media or in audio/visual production credits: ‘© SCP Stock’;
      • Use or display Stock Media in such a manner that gives the impression that the Stock Media were created by you or a person other than the copyright holder of the Stock Media.
      • Use in postcards, greeting cards, calendars, or any other retail merchandise for sale without the prior written approval of SCP Stock. Additional license fees may apply.
  6. Model & Property Releases
    • Your access to Stock Media does not entitle you to use that media. Media may be subject to rights held by other persons or companies, such as but not limited to the copyright, trademarks, privacy rights, moral rights or other rights.
    • Stock Media that has a model release or a property release shall be indicated as having such a release.
    • If Stock Media features people, products, dwellings, logos/brand or art and is not indicated as having a model release or a property release, then that Stock Media has no such release, and the Stock Media may only be used for editorial purposes. If the Stock Media does not feature people, products, dwellings, logos/brand or art then it can be used Creatively as there is no need for a model release or a property release.
    • The Licensor will not be held responsible for individual rights which have been infringed by the use of a Stock Media by you, where the Licensor has made no representation as to the availability of a valid model or property release for that media.
    • The Licensor takes every precaution to control the supply of Stock Media where releases might be required, and to advise you as to the need for, or the existence or non-existence of a release. You are solely responsible for determining (with or without legal counsel) whether the proposed use of an Image requires the consent of any other party, or the licensing of any additional rights and obtaining such consent or license if required.
  7. Unauthorised Use
    • Where an image or images are published or reproduced without the written permission of the Licensor and/or without the purchase of a License and/or without the payment of license fees, you will be liable for the following fees, at the discretion of the Licensor.
      • Retrospective License Fee   The license fee for the image according to published rates on the Licensor’s website.
      • Unauthorised Use Fee   A penalty fee no less than 100% and no more than 300% of the Retrospective License Fee.
      • Debt Recovery Fee   Any fees incurred through the engagement of a debt collection agency.
      • Legal Fees   Any fees incurred through the engagement of a legal representative.
  1. Disclaimer & Limitation of Liability
    • The Licensor shall use reasonable endeavours to ensure that the information regarding Stock Media is accurate but shall have no liability for any errors in such information.
    • The liability of the Licensor (and of the photographer or owner of Stock Media) to the Licensee in respect of Stock Media is limited in all instances to the Fee paid by the Licensee for the Stock Media.
  1. General
    • This agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.
    • Please note that by purchasing a license to use the Stock Media on this site from SCP Stock, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.

For any uses not listed here, or for questions regarding our licensing please contact us.