Terms and Conditions
Conditions of Use.
Onlymarlborough.co.nz is willing to license the use of the Resources to you only if you accept all of the following Conditions of Use. Please read these Conditions of Use carefully because downloading and/or using the Resources will be deemed to be your acceptance that you are using the Resources on the following terms. The Resources available at the resource library hosted at www.onlymarlborough.co.nz are protected under copyright and other laws of New Zealand, international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in the Resources, is owned or controlled by the photographer or MDC Holdings Ltd.
You and only you are authorised to use the Resources on a royalty free, non-exclusive and non-transferable basis subject to the following conditions:
• You may only use the resources for communication for the purpose of promoting Marlborough or Marlborough’s products or services.
• If you wish to use any resource for another project please discuss this with your sector representative group.
• You may not share these resources for use by a separate third party.
You warrant that you shall not at any time take any step or make any omission that brings the reputation or good standing of the author of the Resource, MDC Holdings Ltd, Marlborough District Council, Destination Marlborough, Marlborough Research Centre, Wine Marlborough, Marlborough Chamber of Commerce or the Marlborough region into disrepute.
You will defend and indemnify MDC Holdings Ltd and the above listed organisations against all costs, expenses and damages incurred in connection with any claim against MDC Holdings Ltd or the above listed organisations arising out of or related to: (a) a breach by you of these
Conditions of Use; (b) the use of the Resources either alone or in combination with any other material; or (c) any claim by a= third party related to the use of the Resources either alone or in combination with any other material.
The Resources are provided to you on an "as is" basis. Onlymarlborough.co.nz does not give any warranty or other assurance as to the accuracy, completeness or fitness for any particular purpose of the Resources appearing in the online resource library. To the fullest extent permitted by law, MDC Holdings Ltd 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 damages or losses) arising in contract, tort (including, negligence) or otherwise from the use of, or inability to use the Resources or from any action or decision taken as a result of using the Resources. If MDC Holdings Ltd becomes liable to you for any form of loss or damage, MDC Holdings Ltd ʼs liability to you arising out of all claims for loss or damage under these Conditions of Use will not exceed in aggregate an amount equal to the purchase price actually paid for the Resources.
If, for any reason whatsoever and at its sole discretion, MDC Holdings Ltd wishes to terminate this licence, it may do so immediately by giving written notice to you. On receipt of this notice, you must, as directed by MDC Holdings Ltd, return all copies of the Resources or destroy all copies of the Resources that are in your possession. You must also provide a written undertaking that no further copies of the Resources are or will be used or retained by you for any reason.
The Only Marlborough name and logo and The Marlborough Story are registered trade marks. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason without express written consent. These Conditions of Use will be governed and interpreted in accordance with the laws of New Zealand