Terms and Conditions
WonderStock New Zealand Terms & Conditions of Use
Notes about Photo Ownership & Copyright:
The images uploaded to WonderStock are the property of each Photographer. By uploading them you indemnify Wonder Creative Ltd - WonderStock from the requirement to obtain model, property rights and releases etc. The copyright belongs to the Photographer. Wonder Creative Ltd - Wonderstock has distribution rights under shared copyright, that is we sell each Photographers images.
The main points of Copyright are:
The owner of copyright in photography is either:
· THE PHOTOGRAPHER – if the photographer is NOT commissioned or takes the photograph as an employee;
· THE EMPLOYER – if the photograph is taken by an employee in the course of their employment;
· THE CUSTOMER – if the photographer accepts a commission to produce a photograph.
Commissioning a photographer occurs when a person commissions (engages) a photographer to take a photograph or photographs, and at the time of the engagement pays, or agrees to pay the photographer for that work.
If the Photographer is not commissioned, then the person who took the photograph owns the copyright to that image, regardless of:
· who owns the film or media
· who owns the prints
· who owns the camera
END-USER LICENSE AGREEMENT (EULA) -
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein:
Hereinafter the term "Materials" explicitly implies any and all media presented on the WonderStock web site, downloaded from the WonderStock web site.
A. WonderStock members are granted license strictly according to the following conditions:
- *These Terms and Conditions constitute a legal Agreement between You and Wonder Creative Ltd - WonderStock on behalf of our Photographer members.
- *Through your membership Wonder Creative Ltd - WonderStock grants you a nonexclusive, nontransferable license to download, use, modify and display our Materials according to the defined Terms and Conditions of this Agreement.
- *You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
- *Acknowledgement must be given to www.WonderStock.co.nz and the Photographer, in the public use, display, presentation or reproduction of any Materials - printed, digital or otherwise.
- *The use of our Materials must not in any way bring WonderStock, the Photographer or the subject of the image into disrepute.
- *You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
- *You may not resell or on-sell Materials in any format.
- *You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from WonderStock product or Web page.
2. Sellers (Photographers):
- *These Terms and Conditions constitute a legal Agreement between You and Wonder Creative Ltd - WonderStock.
- *Through your membership you grant Wonder Creative Ltd - WonderStock shared copyright to sell images you have uploaded to WonderStock.co.nz.
- *You must not upload Materials with any illegal, obscene, immoral or pornographic content.
- *Wonder Creative Ltd - WonderStock will scrutinize every image uploaded for the purpose of selling. An image will be accepted for sales stock or rejected at the sole discretion of Wonder Creative Ltd - WonderStock
- *Default status for new seller accounts is Bronze.
- *You grant that Wonder Creative Ltd - WonderStock will receive a percentage of the sales of your images as a commission or fee for hosting and displaying your images according to the following:
- Bronze Status - 35% of all sales paid to Wonder Creative Ltd - WonderStock as commisison
- Silver Status - 30% of all sales paid to Wonder Creative Ltd - WonderStock as commission
- Gold Status - 25% of all sales paid to Wonder Creative Ltd - WonderStock as commission
B. You understand and agree that Wonder Creative Ltd - WonderStock may, in its sole discretion:
- *Monitor your download activity from Wonder Creative Ltd - WonderStock as often as Wonder Creative Ltd - WonderStock determines under its sole discretion for any reason and for any violation of this Agreement.
- *Disable any account that engages in what Wonder Creative Ltd - WonderStock determines to be activity that indicates possible EULA violations or abuse of a username/password and account.
- *Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Wonder Creative Ltd - WonderStock sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- *Investigate any abuse of your username and password in connection with the Wonder Creative Ltd - WonderStock website or in connection with this Agreement.
- *Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- *Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Wonder Creative Ltd - WonderStock without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Wonder Creative Ltd - WonderStock Materials and you will forfeit all fees paid
C. You understand that Materials are copyrighted and owned by Wonder Creative Ltd - WonderStock members. Any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
D. Wonder Creative Ltd - WonderStock, its employees, directors, and officers, or anyone else associated with Wonder Creative Ltd - WonderStock shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials on this web site. Wonder Creative Ltd - WonderStock, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Wonder Creative Ltd - WonderStock, and for accessing, acquiring, and/or using Materials from Wonder Creative Ltd - WonderStock.
E. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Wonder Creative Ltd - WonderStock is accurate and true.
F. You agree to fully, indemnify, and hold blameless Wonder Creative Ltd - WonderStock, its employees, directors, officers, and any other entity associated with Wonder Creative Ltd - WonderStock, and each of its successors, licensees, and assigns free and blameless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
G. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Wonder Creative Ltd - WonderStock with respect to the matters expressly set forth in this agreement.
H. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.