Terms & Conditions

Vital Information

The terms and conditions herein set down are deemed to apply to all who use this website and its associated services. Your use of the website and/or its contents (as authorized herein) is an acknowledgement of your absolute and unqualified agreement to such terms and conditions. If you do not agree, please EXIT THE SITE NOW.

User Name and Password

Some sections of this site may require entry registration. This means you will be given a user ID and password to be used on request. Both the user name and password are personal to you and you agree to keep them strictly confidential and not to reveal them to any third party. You accept sole responsibility should any other person use your user name and password and you further agree to indemnify Mountain Scene Ltd against any and all claims arising out of your failure to maintain confidentiality of your user name or password. Restrictions on Access
You agree and accept that Mountain Scene may restrict your site access or prohibit access altogether: for security or technical or any other reasons at any time in Mountain Scene’s sole discretion and without prior notice. We agree to notify you as soon as reasonably possible of any such restriction.

Advice/Endorsement Denied

You agree and accept that: (a) Mountain Scene can provide no advice, endorsement or opinion of any kind on the value or suitability of any transaction or course of action you embark on as a result of your use of this website; (b) Simply because information is available on the site does not constitute a recommendation by Mountain Scene to enter into any transaction or follow any course of action; (c) Any such decision made by you is to be based solely on your own assessment of the accuracy, currency or reliability of any information on the site and you acknowledge that Mountain Scene strongly recommends you make such a personal judgment and obtain any relevant independent professional advice before relying on the information or making any transaction.

Site fees

Provided we obtain your prior agreement before a site visit, Mountain Scene reserves the right to charge you an access fee for certain sections of content. All such charges will be displayed as GST inclusive. Where such a fee may grant you access to general site content for a period longer than 24 hours, this fee is deemed to be a subscription and unless you specify otherwise at the time of purchase, this subscription will be automatically renewed at the expiry of each subscription period. Refunds will only be paid strictly at the discretion of Mountain Scene management.

Information and warranties

Mountain Scene, its information contributors and associated service providers give no warranty whatsoever, express or implied, including without limitation as to availability, correctness, completeness, timeliness or reliability of any information or services available on the site and the above parties expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss arising from your use of or reliance on the site or site information. All site services and information are on an “as is” basis. In particular, Mountain Scene can and does make no warranty whatsoever that this site is free of viruses or of any kind of unauthorised or malicious programme or code at any or all times.

Linked sites

You agree that all access to site links and linked sites in the content of this site is at your own risk without any endorsement whatsoever from Mountain Scene and without any implied responsibility by Mountain Scene for any linked material. You further agree to indemnify Mountain Scene fully and without reservation against any liability arising from your access to any linked material herein.

Intellectual Property

Copyright, trademarks and all other intellectual property rights in all content (text, graphics, images, software and other material) displayed or able to be accessed via the site are either owned outright by Mountain Scene or Mountain Scene is the authorised user – your entry to the site is conditional on your unqualified acknowledgement of this statement. Unauthorised use of content is strictly prohibited and may infringe intellectual property rights. Unless you have the prior written permission of Mountain Scene, you are not permitted to reproduce, publish or transmit in any manner whatsoever any portion of site content. Specifically, but without limitation, this prohibition (unless you have our prior written permission) prevents you from:

redistributing or republishing any portion of content ; or
archiving any portion of content, no matter how small; or
creating any link to our site including (without limitation) linking in any way which frames the site, replicates the site or gives a misleading impression of association with the site or an association with Mountain Scene whether implicit or express; or
forming a database, whether electronically or otherwise, by systematically downloading or storing any portion of content, no matter how small.

Technical Hitches

A prior condition of your entering our site is your agreement that the site and associated services may be subject to interruption or delay. Mountain Scene and our service providers make no warranty of any kind that the site or services will be error free, without interruption or delay, or free from design or engineering defects.
Termination
If Mountain Scene has reason to believe you are in breach of these Terms and Conditions, or if Mountain Scene wishes to suspend or withdraw the site or any part of it, then Mountain Scene reserves the absolute right to terminate your access to and/or use of the site (or any part of it) immediately, without notice to you. Mountain Scene will not repay pre-paid subscriptions.

You Indemnify Us Against All Liability

To the fullest extent of the law, you agree without limitation to indemnify and hold Mountain Scene harmless from any and all claims over your use of the site or its use by any person on your behalf. For the purposes of this stipulation, ‘site’ means and includes any linked site.

Privacy

You acknowledge that you have read and fully accept the terms of our Privacy Statement, which comprise part of these terms and Conditions of Use.

Photo Sales Terms and Conditions

You acknowledge that you have read and fully accept our Photo Sales Terms and Conditions, which comprise part of these terms and Conditions of Use.

User Content Policy Agreement

You acknowledge that you have read and fully accept our User Content Policy Agreement, which comprises part of these terms and Conditions of Use.

Law

These Terms and Conditions and your use of the site fall under the absolute jurisdiction of the laws of New Zealand and your entry to, and use of, the site is strictly subject to your prior agreement to submit to the exclusive jurisdiction of the New Zealand Courts.

Severability

Any portion of these Terms and Conditions subsequently found in law to be illegal, invalid or unenforceable shall not negate the legality, validity or enforceability of remaining Terms and Conditions.

Variations

Mountain Scene reserves the absolute right in its sole discretion to alter, amend, vary, substitute or add to these Terms and Conditions at any time. Your continued site use after any such alteration, amendment, variation, substitution or addition has been posted on the site or after you have been informed of same in any alternative way constitutes your agreement to the modified Terms and Conditions.

User Content Policy Agreement

When you make any use whatsoever of our site’s user-generated content sections, including comments, photo galleries or any other feature, including uploading, posting, distributing, emailing or otherwise publishing or making available any material on this website, all such contributions are STRICTLY SUBJECT to your agreement to the terms and conditions below. By using the site and/or content, you acknowledge your absolute and unqualified agreement to such terms and conditions. Please read this agreement carefully and completely.

Please watch your language: At Mountain Scene, we strongly believe in Freedom of Expression but we draw the line at inappropriate language, unnecessarily hurtful or defamatory statements, or personal comments which attack the person rather than their actions or opinions. We accordingly reserve the right (but without obligation or explanation) to edit or delete entirely your contributions. Repeated breaches of our Terms and Conditions may result in your being suspended temporarily or banned permanently. If you have been suspended or banned but believe you have a case for reinstatement, please email webmaster@scene.co.nz

Contributions unedited: Please realise contributions from users are unedited and you may well view them before our webmaster does. As a result, we can in no way endorse any contribution or be held responsible for inaccuracies – even if its author may claim to be an “expert”. As a result, each individual must take sole personal responsibility both as a contributor and as a viewer.

Your ‘Good Taste’ warranty: Your contributions to this site are strictly conditional on your agreement not to post any comments or material which is or could be deemed to be:

defamatory
abusive
threatening
obscene
sexual

The guiding principle at all times shall be whether or not contributed material meets a standard that would be considered acceptable by the average New Zealander. Decisions in respect of this are ours and ours alone. We are not required to explain our reasons.

Have your say on offensive or inappropriate material: If you feel a contribution to our site is objectionable or inappropriate, click the ‘Suggest Removal’ link to bring your concerns to our attention. We are not obliged to do so but if we share those concerns we may remove the material. In that context we may liaise with the appropriate authorities, and/or Police, and/or seek legal advice as we see fit. This may include postings under user names which themselves may be objectionable or inappropriate. Offensive or inappropriate user names, or those posting offensive or inappropriate material, may be banned permanently at our sole discretion.

Your Ownership Warranty: Sending contributions to our site is strictly subject to your personal guarantee that such material will not breach any copyrights, trademarks or other intellectual property rights owned by other parties. In contributing, you are promising us that you are the owner or creator of the material submitted – or if a third party is the author or creator of some or all of the material, that you are submitting it with their explicit consent. If you steal material from others in an unauthorised way for site contributions, you may be legally liable.

Other No-Nos: In contributing to our site, you agree without qualification NOT to:

Solicit others. You cannot contribute for the purposes of advertising or to persuade anyone to buy or sell products or services, or to ask for donations of any kind or to promote other websites, without our prior written approval unless expressly permitted. This ban includes, but is not limited to, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Assume multiple personalities. Each user must have only one user name. If you would like to change this name, please e-mail us. Hiding behind multiple user names may result in our banning your user account or accounts.
Create objectionable user names. The decision on what may constitute an objectionable user name is ours and ours alone and you agree to be bound by our decision without challenge.
Contribute material containing viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any software or hardware, telecommunications, or other equipment.
Pretend to be someone else.
Release any private information regarding other users.
Release any confidential information.
Defame any person or organisation.
Breach any legislation or other law.
Breach any order of the Courts of New Zealand, including without limitation any suppression order.

Your contributions and our rights: Posting your content and your thoughts on www.scene.co.nz automatically gives Mountain Scene and www.scene.co.nz a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. If you are not the owner of such content, you shall be deemed to have warranted to Mountain Scene that the owner of the content has expressly granted to you a similar licence. We retain the right to revoke without notice the access privileges of anyone we believe has violated any of these Terms and Conditions for any reason whatsoever and without any requirement to inform a user of those reasons.

Breach of the User Content Agreement: For the avoidance of doubt, in the event that you breach any aspect of this User Contract Policy Agreement +that will comprise a breach of the Terms and Conditions of Use. We will then have the rights and remedies that arise under the Terms and Conditions of Use.

Questions and Comments: If you have any questions or comments about these Terms and Conditions please email webmaster@scene.co.nz

Photo Sales Terms and Conditions

The following constitutes your licence to use photographic prints purchased from this site.

1. Mountain Scene Ltd licenses the use of photographic prints purchased from this site (the Photograph) to you on the following terms and conditions. Please read these carefully because they will apply as soon as you have purchased or used the Photograph.

2. Use: you agree that you will only use the Photograph for your personal and domestic use only (Permitted Purpose). You will not reproduce, vary, modify, sell or display in a public place (including public areas in a place of business) the Photograph without prior written permission from Mountain Scene. Failure to abide by these terms of use may result in legal action being taken against you, at our sole discretion.

3. Except for the Permitted Purpose, you obtain no other rights in the Photograph, including the rights to reproduce, modify, sub-license, sell, display or distribute the Photograph. You will immediately discontinue all use of the Photograph on notification from Mountain Scene.

4. Ownership: You acknowledge that the intellectual property rights in the Photograph belong to Mountain Scene or its licensors and you will not dispute such ownership.

5. Warranty and Limitation of Liability: the Photograph is provided to you on an “as is” basis. To the maximum extent permitted by law, all representations, conditions and warranties (whether express or implied, statutory or otherwise), including warranties of merchantability or fitness for a particular purpose, are expressly excluded. Mountain Scene will not be liable for any loss or damage however caused (including direct, indirect, consequential, special or loss of profits). If Mountain Scene becomes liable to you for any loss or damage, Mountain Scene’s liability to you arising out of all claims for damages under this Agreement will not exceed in aggregate an amount equal to the purchase price actually paid by you for the Photograph: if you did not specifically pay for the Photograph, that aggregate is zero.

6. Indemnity: You will defend (subject to our discretion if we so choose) and indemnify Mountain Scene against all costs, expenses and damages incurred in connection with any claim against Mountain Scene arising out of or related to:
(a) a breach by you of this Agreement;
(b) the use of the Photograph either alone or in combination with any other material; or
(c) any claim by a third party related to the use of the Photograph either alone or in combination with any other material.

7. Breach of Terms and Conditions of Use: In addition to the above warranty, and for the avoidance of doubt, in the event that you breach any aspect of this User Policy Agreement that will comprise a breach of the Terms and Conditions Policy Agreement. We will then have the rights and remedies that arise under the Terms and Conditions of Use.

8. Governing Law: this Agreement will be governed by and interpreted in accordance with the laws of New Zealand.

9. Any refunds will be given at the sole discretion of Mountain Scene management. Please email refund requests to webmaster@scene.co.nz