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CONDITIONS

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  Photographs are accepted on the following conditions which all photographers must agree to in consideration of photos.byweb.co.nz publishing their photographs.

1. The acceptance of any photographs, whether paid or free is entirely at the discretion of photos.byweb.co.nz. We reserve the right to refuse any photographs, and to delete photographs where we deem necessary.

2. Photographs must not contain material that is deceptive, misleading, discriminatory, in breach of ownership, copyright, trademark or other property rights, or in contravention of any regulation or law. They must also be in good taste as to form, subject matter, wording, illustration and typography.

3. The Photographer acknowledges that it is aware that photos.byweb.co.nz is relying on the photographs to comply with these conditions and the photographer agrees to indemnify photos.byweb.co.nz and its employees and agents against any actions, claims, damages, costs or losses sustained by any of them that arise as a result of or in connection with the publication of the photographs including, without limitation, any actions, claims damages, costs or losses relating to defamation, malicious falsehood, breach, or infringement or trademark, copyright design, or other property right or, to the extent permitted by law, any breach of the Consumer Guarantees Act, Fair Trading Act, Human Rights Act, Privacy Act or other law.

4. The Photographer agrees that photos.byweb.co.nz may, at its discretion, publish, broadcast, disseminate, or otherwise make available all or part of the information supplied by the photographer via any of the services offered by or in association with photos.byweb.co.nz for this purpose.

5. While reasonable care is exercised, photos.byweb.co.nz does not guarantee or accept liability for the publication of any particular photograph. Spelling mistakes, placement, and typographical errors will not affect the price of any transaction. The maximum liability of photos.byweb.co.nz to the photographer for any damage, loss, liability, or other cost to the photographer arising for any reason, in relation to the photographs whatsoever (including, without limitation, negligence or recklessness) is limited to the amount of any charge for the hosting of the photographs. In particular, in the event of an error regarding the content or placement of an photograph, the liability of photos.byweb.co.nz shall be limited to the cost of the photograph for one placement only.

6. photos.byweb.co.nz does not guarantee or accept liability for the position of any photograph. However, we will endeavour to place photographs close to or in the vicinity of the categories to which they relate.

7. To the extent that any photographs published for the purposes of the photographers ’ business, the statutory guarantees provided for in the Consumer Guarantees Act 1993 shall not apply.

8. In addition to the above, the following rules apply specifically to free hosting of photographs. We will make every attempt to include all free photographs, but we cannot guarantee to do so. We reserve the right to edit or alter the wording on photographs for clarity or brevity, or to conform to style, if required. We reserve the right to determine in which category an photographs may appear.

9. All prices are expected to be in $NZD "New Zealand Dollars" and to include any taxes applicable (such as GST on commercial photographs).

COPYRIGHT

Reproduction, retransmission, or redistribution in whole or in part, or in any medium or form, of content contained on the photos.byweb.co.nz web site is prohibited. Permission for commercial or educational usage, including electronic storage, retrieval, distribution by network or otherwise, printing and photographic reproduction may only be obtained from ByWeb Design, the publisher of photos.byweb.co.nz. ByWeb Design, publishers of photos.byweb.co.nz reserves the right to change this material at any time. Contact details for ByWeb Design appear elsewhere on this web site, or can be viewed by clicking HERE.