This Image Licence dated 26 September 2017 describes how you are able to use the images displayed on this website or provided to you by DermNet (Images). By downloading or using any images, you agree to the following terms and conditions, and are entering into a legally binding agreement with DermNet New Zealand Trust (DermNet).
These terms and conditions may be amended by us without notice from time to time. Amendments will be effective at the time the amended terms and conditions are posted on this website. You are responsible for ensuring you are aware of the current terms and conditions.
The terms “DermNet”, "DermNet NZ", “we”, “us” and “our” are a reference to DermNet New Zealand Trust. References to “you” and “your” are a reference to you as a user of this website.
1. DermNet is the owner or licensee of copyright in the Images. Copyright in all Images remains with DermNet or its licensors. All rights not expressly granted in this Image Licence are reserved by DermNet and its licensors.
2. The use of Watermarked Images for the purpose of education is encouraged by DermNet. You may use Watermarked Images in accordance with the licensing requirements of Creative Commons Attribution-NonCommercial-NoDerivs 3.0 (New Zealand).
3. By way of summary (and without limitation) you may use and share Watermarked Images displayed on this website provided you abide by the following terms:
(a) Attribution: you must give appropriate credit to DermNet, and provide a link to the DermNet webpage you sourced the image from. You may do so in any reasonable manner, but not in any way that suggests that DermNet endorses you or your use;
(b) Non-Commercial: you may not use Watermarked Images for commercial purposes;
(c) No Derivatives: if you remix, transform, or build upon any Watermarked Images, you may not distribute the modified material; and
(d) You must not remove the watermark from the image.
Any use in print publication with a circulation of over 500, is considered commercial usage and is prohibited.
4. Certain images are available for you to license in high quality, without a watermark for commercial use (Commercial Images). Commercial Images vary in size and quality.
5. A fee is charged by DermNet for the use of Commercial Images (Licence Fee). Licence Fees will be displayed on the DermNet shop (coming soon) or quoted to you by DermNet at the time you request a Commercial Image. Commercial Images will be made available to you upon receipt in full of the applicable Licence Fee and completion of the DermNet Image Application Form (pdf).
6. Upon receipt of the applicable Licence Fee, DermNet grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable license to publish the relevant Commercial Image for commercial use in any and all media. You are able to continue to use Commercial Images in accordance with this Image Licence unless and until it is terminated by DermNet.
7. You must acknowledge the source of Commercial Images in all publications (for example, DermNet or the Image Library contributor, e.g. Waikato District Health Board, or both). All use of Commercial Images contributed to the Image Library by the Waikato District Health Board must include a statement acknowledging the Waikato District Health Board as the owner of the Commercial Image. Such attribution must be clearly readable.
8. You must not:
(a) use Commercial Images in a way that violates any law, or in any other manner that is obscene, defamatory, pornographic, indecent, objectionable, or which may damage the reputation of DermNet’s or any of its licensors;
(b) sell, sub-licence or transfer any Commercial Images to any other person or entity;
(c) incorporate any Commercial Image into a trademark or logo;
(d) make the Commercial Images available for copying or redistribution by third parties;
(e) use Commercial Images in any way that identifies the individual subject of the Image;
(f) represent that any Commercial Image was created or is owned by you; or
9. DermNet warrants that your use of Images in their original form and in accordance with this Image Licence will not infringe the copyright of any third party.
10. Subject to clause 9, Images are provided “as is” without representation or warranty of any kind. While DermNet endeavours to ensure that the information provided on this website is accurate (for example, that Images are correctly labelled or categorised) DermNet makes no representation or warranty that such information is accurate or up-to-date, and assumes no liability for any consequences of relying on such information.
11. You indemnify DermNet and its trustees, officers, and employees for all costs, losses, damages, or expenses suffered or incurred as a result of a breach of any term or condition of this Image Licence.
12. Except as specifically stated in this Image Licence or as otherwise required by law, DermNet is not liable for damages of any kind (including, without limitation, for indirect or consequential loss or damage, loss of profit (whether direct or indirect) or loss of business or any costs, expenses or other claims for consequential compensation whatsoever) arising out of your use of any Images.
13. DermNet may terminate this Image Licence at any time upon written notice if you breach any term or condition of this Image Licence.
14. You acknowledge that DermNet licences certain Images from third parties (Third Party Licence) and sublicenses them to you pursuant to this Image Licence. You agree that DermNet may terminate any such sublicense granted to you pursuant to this Image Licence immediately by giving one month written notice to you if the relevant Third Party Licence is terminated or expires.
15: If this Image Licence is terminated: you will not be given any refund of Licence Fees;
(a) you must immediately cease using the Images; and
(b) you must delete or destroy any copies of Images in your possession, and,
(c) if required by DermNet, you must confirm in writing that you have done so.
16. If this Image Licence is terminated pursuant to clause 14, DermNet will provide you with a suitable replacement Image from its Image Library (if available and as determined by DermNet in its sole discretion) if required, for use in accordance with the terms and conditions of this Image Licence.
17. Any notice given under or in relation to this Image Licence must be in writing. All notices given by you must be sent to DermNet at [email protected]. All notices given by DermNet will be sent to you at the email address you have provided to DermNet.
18. You may not assign or transfer any of your rights or obligations under this Image Licence without DermNet’s prior written consent.
19. This Image Licence may not be amended or modified without the written agreement of DermNet.
20. If any provision contained in this Image Licence is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this Image Licence will remain in full force and effect and will not in any way be impaired.
21. If DermNet does not exercise or enforce any rights available to it under this Image Licence, that does not constitute a waiver of those rights.
22. Nothing in this Image Licence creates a relationship of agency, partnership, or joint venture between you and DermNet.
23. This Image Licence constitutes the entire agreement and understanding between the parties in relation to its subject matter.
24. This Image Licence is governed by and is to be construed in accordance with New Zealand law. The parties irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Image Licence.
25. Users are strictly prohibited from using, uploading, downloading, or otherwise distributing any images obtained from this website for the purpose of training or testing artificial intelligence models, including but not limited to machine learning algorithms, neural networks, or any other AI systems. This includes, but is not limited to, the use of images for training data sets, validation, testing, or enhancing the capabilities of AI systems. Any such use is considered a violation of these terms and conditions and may result in legal action. DermNet offers a licensable image dataset available for a fee that can be used for these purposes but the freely available watermarked images on this website may not be used for AI training.
