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Terms of use

Destination Queenstown (“DQ”) is the regional tourism organisation whose primary purpose is to promote Queenstown as a visitor destination and DQ recognises that the use of visual assets representing Queenstown is a necessary and important means of promoting tourism to the region.

DQ is willing to license the use of the visual assets to you only if you accept all of the following Terms and Conditions of Use. Please read these Terms and Conditions carefully, because downloading and/or using the visual assets provided by DQ by you will be deemed to be your acceptance that you are using the visual assets on the following Terms and Conditions.

Terms of use overview

All assets are free to use as long the full terms of use and licence rules are followed.

Licence types:

Worldwide:
These assets may be used in any country.

Worldwide excl. Queenstown:
These assets are not for use within Queenstown.

UGC:
Royalty-free use worldwide in paid or un-paid media, as long as you credit the person or business named in the Credit field.

Website Terms of use

Introduction

This Visual Library available at images.queenstownnz.co.nz (this ‘Site’) is owned and operated by the Queenstown Regional Tourism Organisation trading as Destination Queenstown Incorporated (‘DQ’, ‘we’, ‘us’, ‘our’). These terms of use constitute an agreement made between you, the Site user, (‘you’, ‘your’) and us. By accessing or using this Site you agree that you have read, understood and accepted these terms of use, and you agree to be bound by them. If you do not accept these terms of use and agree to be bound by them, then you must refrain from accessing and using this Site.

Privacy

Where we collect personal information about you as a result of your accessing or using this Site, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy described at the end of these Terms and Conditions and Standard Licence Terms.

Your use of this Site

You agree not to use this Site for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means. Furthermore you agree not to alter, modify, reproduce, communicate to the public, or otherwise deal with the content, software, text, graphics, layout or design of this Site except in accordance with these terms and conditions of use.

Your account

In order to access certain information, features, or services offered on this Site, you must create an account. To create your account, you must (among other things) complete your account registration details in the manner described on this Site (including providing your email address and a password, which we will use to verify your identity when you use this Site). You must ensure that your account registration details are complete and accurate when submitted to us, you certify that the information that you have given is true and correct, and you must keep your account registration details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, your ability to use all or part of this Site, or your ability to use any information, features, visual assets or services available through this Site. You must not sell, exchange, trade, or auction your account.

Your email address and password

Your account registration details (including your email address password) are personal to you. You must always maintain the confidentiality of your password and not disclose it to any third party. You agree that you are solely responsible for any use of this Site by any person using your email address and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your email address or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Asset download form and Licence Terms

In order to access, download, or use photographs, artwork, images, still footage, moving footage, films, videos, or audio visual (‘Assets’) through this Site, you must complete the Asset Download Form and agree to the Licence Terms relevant to each Asset. To complete an Asset Download Form, you must (among other things) complete the details in the manner described on this Site (including specifying your intended use of the relevant Assets). You must ensure the details provided in the Asset Download Form are complete and accurate when submitted to us, and certify that the information that you have given is true and correct.

User content

This Site may from time to time enable you and other users to submit content and other user-supplied content (‘user content’). You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the user content to this Site. By creating, modifying, transmitting, uploading, or submitting any user content, you:

  1. grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, licence to publicly display, communicate to the public, and make the user content available (by all means and in any media now known or hereafter developed) to other users of this Site and other users of our services in such manner as we may permit from time to time; and
  2. acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above.

You are solely responsible for the user content that you make available through the Site. You represent and warrant that any user content you make available:

  1. does not infringe any copyright, privacy right, or any other right of any third party; and
  2. does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of DQ, Queenstown or greater New Zealand tourism industry; and
  3. does not contain any virus, corrupted file or other malicious software programme which may impair or damage this Site.

You agree to fully indemnify and hold harmless DQ, and its officers, directors, members, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers’ fees) arising from your actions or the user content that you make available.

We have no obligation to you to make this Site or any user content or Assets available. DQ may in its absolute discretion, remove any user content or Assets at any time. We may at any time edit, refuse to display, or remove any part of this System (including your user content) as we deem appropriate without reference to you.

Intellectual Property

The materials displayed on this Site are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published or available on this Site, including the text, graphics, illustrations, artwork, video, music, logos, icons, sound recordings, layout, designs, source code, computer programs and software, audio, visual elements, and Assets shall belong to us or to our licensors (together, ‘our intellectual property’).

Except as expressly permitted in the Licence Terms relevant to each Asset, or with our prior written permission, you may not in any form or by any means:

  1. use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal in any way with our intellectual property; or
  2. commercialise our intellectual property or any information, products or services obtained from any part of this Site.

The software which operates this Site is proprietary software and you are not permitted to use it except as expressly allowed under these terms and conditions of use. Any other use, commercialism or purported licensing, modification, enhancement, or interference is strictly prohibited.

Trade marks

The name and logo of Destination Queenstown (Queenstown, New Zealand) and all trademarks appearing on this Site belong to us, our suppliers, our affiliates, or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission (or the prior written permission of the applicable supplier, affiliate, or licensor) in each case.

Feedback

If you give us feedback about this Site or our services or Assets we may use that feedback for the purpose of improving our Site, our services, or Assets (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us feedback or ideas:

  1. they will be treated as ‘user content’ in accordance with these terms and conditions of use;
  2. they will be deemed to be non-confidential; and
  3. we will not be required to provide any acknowledgement of their source.

Electronic communications

You consent to receive electronic communications and information from us (or on our behalf) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Disclaimers

While we endeavour to ensure that the accuracy of information available through this Site and that the content of this Site (including the Assets) is free from errors, we do not give any warranty or other assurance as to the content of material available on or through this Site (including the Assets), its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

You acknowledge that to the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this Site and all Assets, material, information, and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You further acknowledge that if you rely on this Site or any Assets or other material available through this Site, you do so solely at your own risk.

The views expressed in any third party material (including the Assets) or user content on or available through this Site are not necessarily the views of DQ, and we expressly disclaim all responsibility for any third party material or user content on or available through this Site. These terms and conditions of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, if you are acquiring goods or services from us for business purposes, you agree that to the maximum extent permitted by law no guarantees and remedies provided under the Consumer Guarantees Act 1993 shall apply to those goods and services.

If any provision of these terms and conditions of use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Liability and indemnity

To the maximum extent permitted by law, neither DQ or our suppliers will, under any circumstances, be liable (in tort, contract or otherwise) for any loss of profits, or any direct, indirect, incidental, special, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with:

  1. the use of, or inability to use, the Site or any material available on or through the Site; or
  2. any action or decision taken as a result of accessing or using this Site, or any material available on or through the Site.

If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).

You agree to indemnify, defend, and hold harmless DQ, and its officers, directors, shareholders, employees, consultants, licensors, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers' fees) arising from your use of, or reliance on, this Site or any material available on or through this Site (including the Assets), your failure to comply with these terms and conditions, or from your violation of any applicable law.

Availability

Your use of this Site, the Assets, and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we (and our service providers) do not make any warranty that this Site, the Assets, or any associated services will be error free, without interruption or delay, or free from defects. We will not be liable to you should this Site, the Assets, or the services supplied through this Site become unavailable, interrupted, restricted or delayed for any reason.

Hyperlinks

This Site may contain hyperlinks to third party websites (‘external hyperlink’). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party. You are responsible for complying with any terms and conditions imposed by third party websites linked by hyperlinks from this Site.

Malicious code

Although we endeavour to take reasonable steps to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Site and the Assets, we do not guarantee or warrant that this Site, or any material available on or through it (including the Assets), does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing and using this Site and the Assets does not expose your computer system to the risk of interference or damage from any malicious code which may originate from this Site or the Assets.

Security

Although we endeavour to take reasonable steps to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Site and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Site, the Assets, or any external hyperlink.

Changes

We may add to, modify, suspend, or remove this Site or any information, feature, specification, or material on or incorporated in this Site (at any time and without notice to you). We may change these terms and conditions of use from time to time by publishing the changed terms of use on this Site, and such changes will be effective immediately upon publication of the same. You should review the terms and conditions of use periodically to be aware of such changes. By continuing to access or use this Site following such publication you agree to be bound by the revised terms and conditions of use.

Applicable laws

Details contained on this Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this Site is appropriate in other countries. If you choose to access this Site from outside New Zealand you are responsible for compliance with applicable local law.

Governing law

These terms and conditions of use (and any contracts between you and us which arise through your use of this Site) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions of use (and any contracts between you and us which arise through your use of this Site).

These terms of use were last updated on 21 February 2017.

Standard Licence Terms

  1. Introduction: These Standard Licence Terms ('Terms') govern the licensing of photographs, artwork, images, still footage, moving footage, film, video, logos and audio-visual ('Assets')provided and/or downloaded via the Visual Library System (the 'System'). All Assets are owned by or licenced to the Queenstown Regional Tourism Organisation trading as Destination Queenstown Incorporated (‘DQ’ ‘we’ ‘us’ and ‘our’). These Terms must be read in conjunction with the asset download form that must be completed by you in order to download Assets via the System (‘Asset Download Form’). These Terms together with the completed Asset Download Form constitute an agreement made between you, the licensee of the Assets, (‘you’ and ‘your’) and DQ.
  2. Licence: Provided that you comply with these Terms, DQ grants you a non-exclusive, royalty free, non-transferable licence to use, display, transmit, publish, reproduce, and broadcast the Assets strictly:
    1. for the purposes of promoting Queenstown as a visitor destination;
    2. in non-paid activity only, as further specified in clause 4.1;
    3. in the country or countries specified in the Asset Download Form (‘Territory’);
    4. in the publication or website described by you in the Asset Download Form (‘Publication’), which must comply with the additional usage restrictions set out in the Asset Download Form (if any);
    5. in the media format selected by you in the Asset Download Form, which must comply with the additional usage restrictions set out in the Asset Download Form (if any);
    6. in accordance with the additional usage restrictions set out in the Asset Download Form (if any); and
    7. for the term set out in clause 3 below.
  3. Licence term: The licence granted under clause 2 shall terminate on the expiry date (if any) stated in the Asset Download Form (‘Expiry Date’) unless terminated earlier in accordance with clause 10.
  4. Use of the Assets:
    1. For the purposes of these Terms, ‘paid activity’ means where payment is (or is agreed to be) received or paid for the marketing activity, and/or media space, and/or advertising space, and/or Publication (as a whole), in which the Asset appears, but excludes trade shows. The licence granted under clause 2 is for use of the Assets in non-paid activity only. This means that Assets must not be used in paid activity.
    2. You agree that you will not use or otherwise deal with the Assets except as outlined in these Terms and in the Asset Download Form, unless you have obtained DQ’s prior written consent. Therefore for the avoidance of doubt, you agree that:
      1. you will not edit or modify the Assets unless you have obtained DQ’s prior written consent;
      2. you will not use or otherwise deal with the Assets in an edited or modified form unless you have obtained DQ’s prior written consent; and
      3. you will complete a new Asset Download Form each time you want to use or deal with the Assets in any way that is not already specified in an Asset Download Form completed by you.
    3. Distribution of the Publication: If the Territory includes Queenstown, you agree that the Publication featuring the Assets must be predominantly distributed to audiences outside Queenstown.
    4. Right of DQ: You acknowledge that DQ retains the right to use the Asset in any manner at any time and in any part of the world for any purpose.
    5. Wherever an asset is used, we request that QueenstownNZ.co.nz is credited, and a link back to QueenstownNZ.co.nz, is included where possible.
  5. Permissions:
    1. You acknowledge that DQ may be unable to identify or obtain permission from every individual appearing in any Asset provided and/or downloaded via the System. Accordingly, you acknowledge that DQ is not responsible for obtaining permission from every individual appearing in any Asset provided and/or downloaded via the System and DQ makes no warranty in respect of any individual appearing in it.
    2. You acknowledge that DQ may be unable to identify or obtain the permissions required from every owner of land (in title or otherwise), from every owner of any moral or other rights in property (where applicable), or in respect of any cultural protocols, appearing in any Asset provided and/or downloaded via the System. Accordingly, you acknowledge that DQ is not responsible for obtaining such permissions and DQ makes no warranty in respect of any such permissions.
    3. You agree to fully indemnify and hold harmless DQ from any and all claims, liability, damages and costs (including reasonable lawyer’s fees) which may arise from any use of the Asset by you, where DQ is unable to identify or obtain permission from any individual appearing in any Asset provided, and/or downloaded via the System.
  6. Intellectual Property:
    1. You agree and acknowledge that:
      1. DQ (or its licensor) is, and remains, the owner of all intellectual property rights (including without limitation copyright) in the Assets and any edits or modifications made to the Assets by you;
      2. you will complete all documentation necessary to confirm DQ’s (or its licensor’s) ownership of all such intellectual property rights (referred to in clause 6.1i above) as requested by DQ;
      3. DQ retains the right to use the Assets in any manner at any time and in any part of the world for any purpose (including without limitation licensing other parties to use and reproduce the Assets);
      4. you shall not at any time take any action or make any omission, that may bring the reputation or good standing of the Assets, the author and copyright owner of the Assets, DQ, Queenstown or New Zealand into disrepute; and
      5. you will acknowledge the author and copyright owner of the Assets on, or in direct connection with use of, the Assets, if requested to do so on the System or by DQ.
    2. The name, logo, and all trademarks of DQ belong to DQ. You must not use or reproduce or allow anyone else to use or reproduce these trademarks for any reason unless you have obtained DQ’s prior written consent.
  7. Warranties: You warrant that your use of the Assets will:
    1. promote Queenstown as a visitor destination; and
    2. not be defamatory or unlawful or infringe the intellectual property rights of any person.
    3. be in accordance with these Terms and Conditions.
  8. DQ’s Liability:
    1. To the maximum extent permitted by law, we provide the Assets on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, accuracy, quality, completeness, merchantability or fitness for any particular purpose.
    2. To the maximum extent permitted by law, DQ will not, under any circumstances, be liable in tort, contract or otherwise for any loss of profits, or any indirect, incidental, consequential, or economic damages or losses (howsoever caused) which you may directly or indirectly suffer in connection with:
      1. the use of, or inability to use, the Assets; or
      2. any action or decision taken as a result of using the Assets.
    3. if the limitation of liability in this clause 8 is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expenses (other than for any damage cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).
  9. Indemnity: You agree to defend, indemnify, and hold harmless, DQ, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate, from any and all third-party claims, liability, costs, and damages (including reasonable lawyers’ fees) arising from:
    1. your reliance on the Assets;
    2. your failure to comply with these Terms and/or Asset Download Form (and DQ shall be the sole arbiter of this);
    3. your use of the Assets in any way that does not comply with these Terms and/or the Asset Download Form;
    4. your violation of any applicable law;
    5. any claim that the reproduction, editing, display, transmission, broadcast or any other use or distribution by you of the Assets (or by any third party authorised by you) is defamatory, misleading, breaches any law, or infringes any person’s intellectual property rights; or
    6. any damage to the Assets caused by you;
    7. Any claim from any individual appearing in any Asset used by you, who DQ have been unable to identify or obtain permission from.
  10. Termination:
    1. DQ reserves the right to immediately terminate this agreement or suspend the licence granted at clause 2 at any time and without any prior notice to you in the following circumstances:
      1. there is any violation by you of these Terms, the Asset Download Form, or any other agreement between DQ and you; or
      2. if the licence to DQ for any Assets terminates.
    2. DQ reserves the right to terminate or suspend the licence granted at clause 2 upon 20 days’ notice for any other reason.
    3. In the event that DQ exercises its rights under this clause 10, you must immediately cease using the Assets and destroy all copies of the Assets that are in your possession or control, including any Assets in the possession or control of any third parties authorised by you. You must also provide a written undertaking to DQ upon request that no further copies of the Assets are, or will be, used or retained by you for any reason.
  11. Destruction of Assets: Subject to clause 10.3, you must cease using and destroy all copies of the Assets that are in your possession or control, before the earliest date listed below, unless otherwise agreed in writing between the parties before such date:
    1. the Expiry Datestated in the Asset Download Form; or
    2. within fourteen (14) days of the Assets no longer being required for the purpose described in the relevant Asset Download Form(s).
  12. Assignment: You may not assign, transfer or sub-license your rights or obligations, whether in whole or in part, under these Terms without DQ’s prior written consent.
  13. Relationship: These Terms shall not constitute or be construed as constituting a relationship where either party is an employer, employee, agent, partner or joint venture of the other party.
  14. Entire Agreement: These Terms together with the Asset Download Form constitute the entire agreement between you and DQ and supersedes and extinguishes all prior agreements and understandings between the parties relating to the Assets.
  15. Amendments: DQ reserves the right to add to or amend these Terms at any time by notice. Your continued use of the Assets following such notification (whether successfully received by you or not) means that you agree to be bound by the Terms, as amended.
  16. Notice: Any notice required under the Terms will be given by emailing you using the email address provided by you in the System registration form. You must ensure that you provide an accurate and functioning email address and update your System profile if this email address changes. DQ makes no guarantees of any kind that such notification will be successfully received by you. Such notification will be deemed to have been validly delivered when sent by DQ.
  17. Waiver: No exercise or failure or delay by DQ in exercising any of its rights under these Terms or at law will constitute a waiver of that or any other right.
  18. Dispute Resolution: DQ and you shall endeavour to settle any dispute in a fair, objective and friendly spirit by discussion or by agreed alternative method of dispute resolution, such as mediation. If any dispute is not resolved within a period of 14 days after one party has given written notification to the other party formally requesting resolution of the dispute by an alternative method of dispute resolution, then either party may submit the dispute to an arbitrator appointed by mutual agreement of the parties, or in the absence of agreement, to a single arbitrator nominated by the President of the New Zealand Law Society or his or her nominee, and any such dispute shall be settled in accordance with the provisions of the Arbitration Act 1996. The decision of the arbitrator shall be final and binding on the parties. Nothing in this clause will prevent either party from taking immediate steps to seek equitable relief before an appropriate court.
  19. New Zealand Law: The parties agree that these Terms shall be interpreted and take effect in accordance with the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to these Terms, the Asset Download Form, or the Assets.

DQ will make Assets available to the following user groups (some conditions may apply):

These Terms were last updated on 21 February 2017.