Destination Queenstown Images & Footage Terms and Conditions of Use
Destination Queenstown ("DQ") is a regional tourism organisation whose primary purpose is to promote Queenstown as a visitor destination and DQ recognises that images and video footage of Queenstown is a necessary and important means of promoting tourism to the region.
Destination Queenstown Image Library Photographic Images ("Images") and High Definition Video Footage (“Footage”) — Terms and Conditions Of Use
DQ is willing to license the use of the Images/Footage to you only if you accept all of the following Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully, because downloading and/or using Images/Footage provided by DQ by you will be deemed to be your acceptance that you are using the Images/Footage on the following terms and conditions.
The Images/Footage are protected under copyright and other laws of New Zealand, international conventions and similar laws abroad. DQ is and remains the owner or controller of all copyright and other intellectual property rights in the Images/Footage.
You are authorised to use the Images/Footage on a royalty free, non-exclusive and non-transferable basis subject to the following conditions:
1. The Images/Footage may only be used for the purpose of promoting Queenstown as a visitor destination. Images/Footage cannot be used to promote commercial products where the primary focus is the product being sold rather than Queenstown as a destination.
2. If your Images/Footage request is approved you may only use the Images/Footage for the project or promotion named in the request for the period stated. You must not use the Images/Footage for any other project or beyond the time period stated in your request.
3. If you wish to use any Images/Footage for another project or beyond the original time period, you are required to submit a new request.
4. Material produced by, or on behalf of, you, that features any of the Images or Footage, must be predominantly distributed outside of Queenstown.
5. The Images/Footage must not be manipulated in any way.
6. An accurate description or location of the Images/Footage should be included and a credit to DQ should be acknowledged whenever possible.
7. You warrant that the Images/Footage will be intended to promote Queenstown and will not be defamatory or unlawful or infringe the copyright or intellectual property rights to DQ, or be used by, transferred to, or made available to social media or social media sites.
8. You warrant that you shall not at any time do anything, or make any omission that brings the reputation or good standing of the author of the Images/Footage, DQ or Queenstown into disrepute, or which negatively reflects on the said author, DQ or Queenstown.
9. Should DQ deem that you have breached these Terms and Conditions in any way (and DQ shall be the sole arbiter of this), you will cease to use the Images/Footage immediately upon the request of DQ to do so and where appropriate return all Images/Footage to DQ. The Terms and Conditions relating to Intellectual Property, warranties, DQ liability and indemnity shall continue notwithstanding the provisions of this clause.
10. To the fullest extent permitted by law, Destination Queenstown disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential losses) arising in contract, tort (including, negligence) or otherwise from the use of, or inability to use the Images/Footage or from any action or decision taken as a result of using the Images/Footage.
11. You will defend and indemnify, and keep defended and indemnified, DQ against all costs, expenses and damages incurred in connection with any claim against DQ arising out of or related to:
(a) a breach by you of these Terms and Conditions of Use;
(b) the use of the Images/Footage either alone or in combination with any other material; or
(c) any claim by a third party related to the use of the Images/Footage either alone or in combination with any other material. If DQ becomes liable to you for any form of loss or damage, DQ’s liability to you arising out of all claims for loss or damage under these Terms of Use will not exceed in aggregate .
These Terms of Use will be governed and interpreted in accordance with the laws of New Zealand.
No exercise or failure or delay by DQ in exercising its rights under, or enforcing, these Terms and Conditions shall constitute to a waiver of those rights or the Terms and Conditions.
Notwithstanding your use of the Images/Footage, DQ retains the right to also use the Images/Footage in any manner at any time and in any part of the world for the purpose of promoting Queenstown including (without limitation) allowing other parties to use the Images/Footage.
Destination Queenstown will make Images/Footage available to the following user groups:
(some conditions may apply)
• Members of Destination Queenstown
• Media (magazines, newspapers, etc)
• Inbound Tour Operators/Wholesalers
• Other Tourism Promotion Organisations (Tourism NZ, District Tourism Organisations, etc)
• Business Partners/Sponsors of Destination Queenstown where their use meets the criteria for marketing and promotional activity for the Queenstown region. (some restrictions may apply)
• Major visitor related events and conferences
If you have any questions regarding this agreement, please contact our Office Manager, PO Box 353, Queenstown, Tel: +64 3 441 0700, Email: reception@queenstownnz.co.nz
Thank you for your cooperation.
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