TERMS OF SERVICE

  • STOCK

    PICKY LIMITED STOCKSHOT LICENCE AGREEMENT   

    The use of our resources in any racist, homophobic, transphobic, or sexist content is prohibited. Furthermore, it may not be used in projects or for clients that actively or passively aim to limit the rights of displaced persons, people with disabilities or human rights in general.


    By downloading any resource created by Picky, you automatically acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this agreement.

    Certain photographers have specified industry exclusions on their content, please check the image product page before using.

    If you are unsure about a potential use, please contact us at hello@picky.co.nzbefore using our resources. 

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    1. STOCK LICENCE AGREEMENT - FULL TERMS & CONDITIONS

    1.1. By purchasing and downloading any Media from Picky Limited (we, us) on the Platform, you accept and agree that these terms and conditions (Ts & Cs) will apply.

    2. LICENCE TYPES

    2.1. Media is available on our Platform for purchase and download by you either (at your discretion):

    2.1.1. on a non-exclusive basis (All Media Licence); or
    2.1.2. on a non-exclusive online only basis (Online only Licence); or
    2.1.3. on a 12-month licence freeze basis, which means that, subject to these Ts & Cs, the Media will not be made available for purchase or download by any other person for a period of 12 months afterwards (12-month Licence Freeze); 

    2.1.4. on a comp-only download (Koha for Comp)

    collectively the Licence.

    3. ALL MEDIA ROYALTY FREE LICENCE

    3.1. If you purchase an All Media Licence, then we grant you a non-exclusive, non-transferable, non-sublicensable worldwide, right and licence subject to these Ts & Cs, to:
    3.1.1. use, copy, edit, modify, manipulate, couple and synchronise or otherwise make use of the Media in accordance with these Ts & Cs; 
    3.1.2.directly or indirectly copy, publish, publicly display and perform, transmit, broadcast, telecast and distribute the Media world-wide and by any means and allow others to do so; 
    3.1.3 use the tags, meta data, designations, disclaimers, restrictions, annotations, information and documentation that is available on the Platform or otherwise provided by us to you with, in or otherwise relating to the Media to facilitate your use of the Media.

    4. ONLINE ONLY ROYALTY FREE LICENCE

    4.1. If you purchase an Online Only Royalty Free Licence, then we grant you a non-exclusive, non-transferable, non-sublicensable worldwide, right and licence subject to these Ts & Cs, to:
    4.1.1. use, copy, edit, modify, manipulate, couple and synchronise or otherwise make use of the Media in accordance with these Ts & Cs; 
    4.1.2. directly or indirectly copy, publish, publicly display and perform, transmit, broadcast, and distribute the Media for all online channels only namely; website, email, on-demand streaming, digital banners, in-app and social media use only. and by any means and allow others to do so; 
    4.1.3. use the tags, meta data, designations, disclaimers, restrictions, annotations, information and documentation that is available on the Platform or otherwise provided by us to you with, in or otherwise relating to the Media to facilitate your use of the Media.

    5. 12-MONTH LICENCE FREEZE

    5.1. If you purchase a 12-month Licence Freeze, then we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide right and licence subject to these Ts & Cs to use the Media on the same terms as sections 3.1.1 to 3.1.3 above. You acknowledge the Media may have been purchased and downloaded by third parties on an All Media Licence basis at any time prior to your purchase and download.
    5.2. If you purchase 12-month Licence Freeze, we will remove the relevant Media for purchase from the Platform immediately from the time the 12-month Licence Freeze is purchased by you and will only reinstate the Media on the Platform 12 months after the date from which you download the Media subject to the 12-month Licence Freeze from the Platform.
    5.3. We will notify you within 30 days of the end of the 12-Month Licence Freeze period ending.  In that case, you will have the option to purchase an additional 12-month Licence Free at the price to be determined by Picky in its sole discretion. After the 12-month Licence Freeze ends, the Media will once again be made available on the Platform and your 12-month Licence Freeze will revert to the All Media Licence.

    6. KOHA FOR COMP LICENCE

    6.1. If you purchase an Koha for Comp Licence, then we grant you a non-exclusive, non-transferable, non-sublicensable worldwide, right and licence subject to these Ts & Cs, to:
    6.1.1. use, copy, edit, modify, manipulate, couple and synchronise or otherwise make use of the Media in accordance with these Ts & Cs; 
    6.1.2. directly or indirectly copy, for internal and drafting use only, including (i) internal presentations (ii) internal creative concepting reviews or the like;
    6.1.3. use the tags, meta data, designations, disclaimers, restrictions, annotations, information and documentation that is available on the Platform or otherwise provided by us to you with, in or otherwise relating to the Media to facilitate your use of the Media.

    7. CREDIT ATTRIBUTION

    7.1. Where crediting is customary or where other such credits are provided, you will ensure the Media is accompanied with a credit line that reads "Stock media provided by Picky Limited” or substantially similar language and credit the Media Provider as noted on the Platform at the time the Media was purchased and downloaded.

    8. PAYMENT 

    8.1. Licence Fee: In consideration for the Licence, you will pay Picky the amount in New Zealand dollars as displayed on the Platform as the cost of the Licence, using the payment methods Picky makes available to you (Licence Fee).

    8.2. Refund: If you request, and we, in our sole discretion, decide to provide you with a refund, the Licence for the Media will be rescinded (with the consequences set out in section 11.2), as if never granted. Any refund will be made by means we determine appropriate.


    9. WARRANTIES AND EXCLUSIONS

    9.1. Pursuant to section 43 of the CGA, where you are acquiring the Media for a business purpose, you agree with us that: 

    9.1.1. the Media is supplied and acquired in trade; 
    9.1.2. you and we contract out of the provisions of the CGA; 
    9.1.3. this is fair and reasonable; and, additionally
    9.1.4. other than the warranties set out in this section, to the extent permitted by law, all other warranties and guarantees, including the guarantees contained in the CGA, are expressly excluded. Without limiting that sentence, you agree that: 
    9.1.4.1. except as these Ts & Cs provide, we shall be under no liability to you;  
    9.1.4.2. your remedies for misrepresentation, repudiation or breach are dealt with by the express provisions of these Ts & Cs.  This section excludes and/or overrides Sections 35 to 49 (inclusive) of the Contract and Commercial Law Act 2017 (CCLA) in its entirety; and
    9.1.4.3. the warranties, guarantees and representations provided for the sale of goods under the CCLA are inappropriate for these Ts & Cs and shall not apply.  This Section excludes and/or overrides the other provisions of Part 3 of the CCLA in their entirety.

    9.2. Subject to the rest of these Ts & Cs (including section 8):
    9.2.1. We warrant that:
    9.2.1.1. we have the right and authority to enter into and grant the rights in the Media pursuant to these Ts & Cs; and
    9.2.1.2. there are no material defects in the Media which would prevent it from being downloaded from the Platform and used as permitted by these Ts & Cs.

    9.2.2. We do not represent or warrant that:
    9.2.2.1. we have any rights with regard to, any building, house, trade mark, trade dress, logo, copyrighted design, art, architecture or other works that may be depicted in the Media; 
    9.2.2.3. the Platform or the Media will meet your requirements or that use will be uninterrupted or error free;
    9.2.2.4. the Platform or the Media are free of viruses or similar contamination or destructive features; the categorisation, keywords, captions, descriptions and/or title the Media is accurate; and
    9.2.2.5. except where expressly stated, we have talent or property releases for Media. 

    10. REMEDIES

    10.1. Subject to the remainder of this section, these Ts & Cs are to be read subject to the Consumer Guarantees Act 1993 (CGA). 
    10.2. If there are material defects in the Media, your exclusive remedy under these Ts & Cs is: (i) upon written request to us within 30 days of the download of the Media, a re-download the relevant Media to obtain a replacement copy; or (ii) if we determine, in our sole discretion, that defects would continue to prevent Media from being downloaded or used as permitted by these Ts & Cs, a refund of the Licence Fee paid by you. 

    11. LICENCE RESTRICTIONS

    11.1. Except as otherwise expressly permitted in these Ts & Cs, you may not:
    11.1.1. reverse engineer, decompile, or disassemble any the Media or any part of the Media (including source code) or avoid, bypass, remove or impair any technological measure that limits access to the Media;
    11.1.2. incorporate any Media into a logo, trade mark or service mark;
    11.1.3. violate any exclusions of use identified on the Platform in respect of any Media, including across industries, brands, services or products;
    11.1.4. use Media in any context that would be unflattering or unduly controversial to a reasonable person, including use related to the promotion, advertisement or endorsement of any political party, candidate, or elected official, or in connection with any political policy or viewpoint, or as suffering from, or medicating for, a physical or mental ailment;
    11.1.5. use Media in, a pornographic, unlawful or defamatory context, including (i) in connection with pornography, adult videos, adult entertainment venues, escort services, or the like; (ii) in connection with the advertisement or promotion of tobacco products; or (iii) depicting a person in the Media as engaging in immoral acts or criminal activity; 
    11.1.6. transmit, transfer or sell, modify, publish, reproduce, create derivative works from, distribute, reverse engineer, display or in any way exploit any of the Media, in whole or in part; or
    11.1.7. use the Media in any physical products sold or distributed by you.

    11.2. Your Licence will terminate automatically without notice from us should you use the Media in a manner that does not comply with this section 9.

    12. INTELLECTUAL PROPERTY

    12.1. Your Licence represents your only rights to the Media. You will not acquire, and we and/or the Media Provider will retain, all other Intellectual Property Rights in and to the Media.
    12.2. If you learn that any Media is subject to a threatened or actual third party claim of infringement, violation of another right, or any other claim, you will promptly notify us. If we learn of such a claim then at our request and upon notice from us, you will (i) delete all copies of the Media to which you have access and (ii) cease using the Media, in which case we will (at our discretion):
    12.2.1. refund your Licence Fee for the applicable Media; or
    12.2.2. provide you with other comparable Media, subject to these Ts & Cs.

    13. TERMINATION OF LICENCE

    13.1. We may terminate these Ts & Cs immediately where any of the following occurs: (i) you breach these Ts & Cs; (ii) an application is made to bankrupt you or put you into liquidation or a receiver is appointed to any of your assets; (iii) a Court judgment is entered against you and remains unsatisfied for seven (7) days (each an Insolvency Event); (iv) you are late in paying any amount due to us; (v) for any reason, we are unable to meet our obligations to you within a reasonable period of time. 
    13.2. Upon termination, you must immediately: (i) stop using the Media; and (ii) delete or remove the Media from your possession, premises, computer systems and storage (electronic or physical).  If the Licence is terminated, all Licence fees previously paid by you will be non-refundable.

    14. INDEMNITY AND LIABILITY

    14.1. You agree to indemnify, defend and hold us and our related companies, and our respective directors, officers, employees, shareholders, partners, licensors and agents (collectively, the Picky Parties) harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any of the Picky Parties in connection with:
    14.1.1. any use or alleged use of the Platform by you or using your details by any person, whether or not authorised by you; or
    14.1.2. any breach by you of these Ts & Cs.
    14.2. Our total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to these Ts & Cs, including in respect of the Media, will be limited to the value of the unexpired portion of the Licence Fee paid by you to us.  
    14.3. To the maximum extent permitted by law we will not be liable for: (i) any loss of profits, revenues, business information, or contracts or any indirect, special, incidental, punitive, exemplary, or consequential loss or damage nor (ii) any losses arising from your subsequent use or misuse of the Media. You indemnify us from and against any liability to any other third parties.

    15. FORCE MAJEURE

    15.1. We will not be liable for any delay in meeting or for failure to meet our obligations due to a Force Majeure Event. 

    16. GENERAL PROVISIONS

    16.1. We may amend these Ts & Cs from time to time by giving you notice in writing. 
    16.2. If any section (or part of a section) of these Ts & Cs are unenforceable or if the law changes so that it becomes unenforceable to any extent, the section (or part affected) will be treated as having been deleted and the remaining parts of these Ts & Cs will continue to be valid. 
    16.3. Failure by us to enforce any of the Ts & Cs in these Ts & Cs will not be deemed to be a waiver of any of the rights or obligations of Picky.
    16.4. You authorise us to collect, use, retain and disclose personal information about them for our business purposes.  At all times information will be handled in accordance with the Privacy Act 2020 and our privacy policy, which can be found athttps://picky.co.nz/pages/privacy-policy
    16.5. You consent to receive communications from us electronically 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.
    16.6. These Ts & Cs may be transferred or assigned by Picky in its sole discretion.
    16.7. These Ts & Cs and the Platform are governed by the laws of New Zealand, and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.
    16.8. Other: Any questions, just ask. We’re always happy to clarify at hello@picky.co.nz

    17. DEFINITIONS

    17.1. Force Majeure Event means any cause affecting the performance by Picky of its obligations outside of its reasonable control, including fire, flood, explosion, epidemic, pandemic, riot, civil commotion, any strike, lockout or other industrial action, act of God, war, warlike hostilities or threat of war, terrorist activities, accidental or malicious damage (including cyber-attacks which affect or may affect the functionality of the Platform), any prohibition or restriction by any government or other legal authority, and impacts of COVID-19 including closures, lockdowns or labour shortages due to sickness or self-isolation which significantly impact upon our ability to meet our obligations.
    17.2. Intellectual Property Rights means any:
    17.2.1. patents, trade marks, rights in designs, get-up, trade, business or domain names, copyrights including rights in images, computer software and databases (including database rights) and topography rights (in each case whether registered or not and, where these rights can be registered, any applications to register or rights to apply for registration of any of them), and where applicable any goodwill therein; 
    17.2.2. rights in inventions, know-how, trade secrets and other confidential information; and

    17.2.3. other intellectual property rights which may exist at any time in any part of the world.

    17.3. Media means the photographs, digital image files, footage, images, audio or text any other content, which are displayed on the Platform and which you have purchased and downloaded.

    17.4. Media Provider means the owner of the Intellectual Property Rights in the Media.

    17.5. Picky Limited, we, our, us means Picky Limited, which has its place of business at 49a Speight Road, St Heliers, Auckland.

    17.6. Platform means https://picky.co.nz/ and any software, apps, and/or plug-ins offered by Picky.

    17.7. You means the person or entity purchasing or seeking to purchase Media from Picky (including the agents of such a person).

  • MOCK

    PICKY LIMITED MOCKSHOT LICENCE AGREEMENT   

    The use of our resources in any racist, homophobic, transphobic, or sexist content is prohibited. Furthermore, it may not be used in projects or for clients that actively or passively aim to limit the rights of displaced persons, people with disabilities or human rights in general.


    By downloading any resource created by Picky, you automatically acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this agreement.

    If you are unsure about a potential use, please contact us at hello@picky.co.nzbefore using our resources. 

    Here’s what you can do

    Limited License
    Our mockups can be used non-exclusively for non-restricted usage. You may modify the files according to your requirements and include them into any portfolio works, such as websites and applications. No attribution or link back to the author is required, however any credit will be much appreciated. We are not legally liable for your misuse of our products. This is not a commercial license.

    Here’s what you can’t do

    You can’t resell, redistribute, give away, license, sub-license, or lease any of our resources to a third party — even if you purchased it. This license gives you exclusive rights, but those rights are non-transferrable to a third party. This means you cannot upload our resources for distribution on your website, any media sharing tool, or any marketplace. You also may not include our resources as a separate attachment for your work.Restricted uses of the downloaded files include any use in advertising in any medium (only exception is for award submissions, or similar use).

    You also do not have the rights to redistribute, resell, lease, license, sub-license, make available for download, or otherwise offer files downloaded from Picky to any third party or as a separate attachment from any of your work. The license is only valid for the purchaser and must not be shared. 

    Commercial License
    If you require a commercial license or have questions about permitted uses, please contact us.

    Intellectual Property
    Picky retains ownership of all downloaded files and all associated intellectual property. Nothing in this license conveys ownership of any intellectual property of Picky. 

    Termination of License
    Picky reserves the right to terminate your license at any time for any reason. In the event the license is terminated due to your violation of these terms, all license fees previously paid will be considered nonrefundable. If your license is terminated, you agree to cease use of all downloaded files immediately.

    Any questions, just ask. We’re always happy to clarify at hello@picky.co.nz