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Terms & Conditions

Terms and Conditions on which you can join or access the Captivating Photography Journal, website and associated services, including through our website.




These Terms and Conditions (Terms) set out the terms and conditions on which Excio Limited (Excioweour or us) agrees to permit you to join or access the Captivating Photography Journal (Journal) and website (Website) and associated services (the Services), including through our website, photographyjournal.org, and any related websites or applications operated by us or social media accounts related to the Captivating Photography Journal.

By joining or accessing the Journal or using the Services or the Website you and/or the entity you represent (You, Your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must cancel your registration with and stop accessing the Journal and/or stop using the Services and the Website.


  1.    Our Services

1.1.    The Journal allows registered subscribers to view content, share comments, opinions and ideas. (Content)

  2.    Use of the Website

2.1.    You warrant that you are at least 14 years of age, and have the full power and authority to accept these Terms and perform your obligations hereunder.

2.2.    When submitting your Content for publication, You warrant that you have the full and complete authority and right to accept these Terms and to grant to Excio the rights in the Content granted under these Terms, and that no further permissions are required from, nor payments required to be made to, any other person in connection with the use by Excio of the Content as contemplated by these Terms.


The terms in this section apply to your membership of the Captivating Photography Journal.

3.    Opening an account

3.1.    To have full access to the Journal, you are required to become a subscriber/member, open an account (Account),select a password and username, and provide registration information.

3.2.    You are responsible for maintaining the confidentiality of the password and for all activities conducted through the Account.

3.3.    If you register an Account with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

3.4.    We may decline to register you for any reason, and we are not obliged to state such reason.

4.    Membership

4.1.    In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to individual members:

(a)     Services available to individual members are described on the Membership page.

(b)     The fees for the membership are charged monthly or annually in advance and your billing cycle commences at the time your payment is processed.

(c)     If you decide to cancel or change your plan before the end of your billing cycle, you will be responsible for any remaining fees for your current membership and any new fees for the new membership (if any) you choose. To change or cancel your plan, you can contact us at hello@photographyjournal.org.

(d)     Excio may modify, suspend or discontinue Services provided to members at any time at its sole discretion and without prior notice.

4.2.    Excio may terminate or suspend any and all and/or your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

4.3.    Upon termination or suspension of your Account, your right to access the Journal will immediately cease.

4.4.    All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


The terms in this section apply to the process and terms under which you may submit Content for publication in the Journal.

5.   Content submitted to the Journal

5.1.    You warrant that you are the owner of all rights, including all copyright, in and to all Content you provide to the Journal, Excio and/or upload to the Excio Platform.

5.2.    You warrant that none of the Content that you upload, post or transmit to the Journal defame any person or infringe upon the copyright rights, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

5.3.    You warrant that you will not post or transmit, or cause to be posted or transmitted, any Content that is malicious, illegal, defamatory, obscene, pornographic, discriminatory(on grounds of gender, race, religion, nationality, disability, sexual orientation or age), violent, intimidating, abusive, offensive, profane, or that infringe any copyright rights, moral rights, publicity rights, privacy rights or other right of any person.

5.4.    You grant the Journal a worldwide, sub-licensable and fully paid up license to publish and display the Content submitted by you as provided in these Terms, without the need to obtain any permission, consent or licence from any third party.

5.5.    The license granted to the Journal includes the right to display Content fully or partially in demo presentations/mockups of the Journal to third parties anywhere in the world, both digitally and in print, and to display Content through the Journal's channels, including on the Journal website, Excio websites and applications, social media, provided such Content are attributed in accordance with the credits (i.e. username, collection name, profile picture, photo title, descriptions, tags or other accompanying information) if any and as appropriate, as submitted by you to the Journal.

5.6.    While we use industry recognised software and measures to restrict the ability of readers of the Journal to make or download high-resolution copies of Content displayed via the Journal, the Journal makes no representation and warranty that Content displayed via the Journal and/or Excio Platform will not be unlawfully copied or used without your consent.

5.7.    Excio allows readers of the Journal to make low resolution or ‘thumbnail’ copies of Content displayed via the Journal and you hereby expressly authorise Excio to permit users to make such low-resolution copies of the Content.

5.8.    Subject to these Terms, ownership of all copyright and other rights in the Content, including any intellectual property rights or other proprietary rights associated with the Content, are retained by you.

5.9.    The Journal is not be liable for any loss or damage to Content, selected images or material submitted to the Journal and you should maintain your own backup files for any Content, selected images or material submitted to us.

5.10. You acknowledge that Excio and the Journal is not be responsible for the misuse of Content, selected images or material by third parties.

6.    Intellectual property rights

6.1.    You acknowledge and agree that all intellectual property rights in the Journal, Services and Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the Website or commercialise or on-sell any information or software obtained from the Website or from us.

6.2.    The Excio and the Captivating Photography Journal are the trade marks of Excio Limited and must not be used by you except as expressly authorised in writing by us.

6.3.    You agree to abide by these Terms and such other terms and conditions relating to the Journal, Services or Website as we or our licensors may specify from time to time.

6.4.    Excio respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted in the Journal infringe the copyright or other intellectual property rights (Infringement) of any person.

6.5.    Excio will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under these Terms where it believes an Infringement has taken place, including by removing or disabling access to the Photos claimed to be infringing and/or terminating Accounts and access to the Journal.

6.6.    We welcome your feedback, ideas or suggestions (Feedback), but you agree that we may use your Feedback without any restriction or obligation to you.


The terms in this section apply generally to all users and all aspects of the Journal, Website and Services.

7.    Links and resources

7.1.    We may provide you links to other websites or resources including, but not limited to, audio files or text descriptions. The Journal has no control over such links, sites, and resources, and you acknowledge and agree that the Journal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

7.2.    You further acknowledge and agree that the Journal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such link, site or resource.

8.    Information

8.1.    You agree that you are responsible for keeping the information connected with you up to date.

8.2.    You agree that, when you register for the Journal, and whenever you provide us with any information or materials, either through the Website or in any other way:

(a)     all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested;

(b)     you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others on the Website; and

(c)     for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and in accordance with our privacy policy.

9.  Indemnity

9.1. You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with:

(a)      your participation in the Journal;

(b)      any Content you upload, publish and/or make available via the Journal;

(c)      the infringement or alleged infringement of any third party intellectual property rights or privacy rights arising from Content you upload, publish and/or make available via the Journal;

(d)      any information or materials provided by you or anyone else using your Account; or

(e)       any breach of these Terms by you or anyone using your Account.

10.  Details

10.1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.

10.2. You agree not to:

(a)      impersonate another person;

(b)      use a false name or a name you are not authorised to use;

(c)      create a false identity or provide a false address or email address;

(d)      be misleading as to the identity or origin of any communications; or

(e)      use the Journal, Website or the Services for any illegal purpose.

11.  Fees and taxes

11.1. You agree to pay all fees in accordance with the details set out in our pricing information when you open an account.

11.2. We reserve the right to change the fees charged for any of our membership plans at anytime.

11.3. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST.

11.4. You will be responsible for paying any taxes, duties, custom or market entry fees. Please note that if you are joining Excio from outside of New Zealand, then foreign exchange fluctuations may affect the total fees incurred by you.

12.  Errors and Complaints

12.1. You must contact us immediately if there is an error or defect in the Journal, Services or Website.

12.2. We will use all reasonable endeavours to correct any such error, but, to the maximum extent permitted by law, will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or defect within the Journal, Website or Services.

12.3. If you have any concern about the information that is available on the Website, whether that information relates to you or someone else, or the conduct of any subscriber of the Journal or any member of Excio, you may let us know by contacting us at hello@excio.io. We will follow our internal processes in response to any concerns reported to us.

13.  Compliance with policies

By registering with the Journal or using the Services or the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

14.  Privacy policy

Your privacy is important to us. We gather, process, use, store and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by registering with the Journal or using the Services or the Website you agree to our privacy policy.

15.  Security

15.1. Where you are registered with the Journal, you are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account.

15.2. We work diligently to protect the security of your information, including credit and debit card information.  We take care to make the Journal safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment

15.3. Excio does not store your payment details on its systems. These details will be fully encrypted by one or more online payment service providers and used to process your payments or other transactions which you have initiated with us. Payment platforms used by the Journal may charge fees in different currencies that will be converted to New Zealand dollars at the time of payment.

16.  Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

17.  Amendments

17.1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.

17.2. Your continued membership with the Journal or use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.

18.  No Warranties

18.1. You understand and agree that your membership with the Journal and use of the Services and the Website is at your sole risk.

18.2. The Journal, Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of accuracy, completeness, reliability, merchant ability and fitness for a particular purpose).

18.3. Without limiting the above, to the extent permitted by law, we do not warrant that the Journal, Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Excio Platform, Services or the Website are accurate, complete or up-to-date.

18.4. All statements, information and recommendations made by us on the Journal, Website or about the Services are believed to be reliable, but do not constitute a guarantee or warranty.

19.  Maximum Liability

If we are found to have any liability under or in connection with these Terms or relating to the Journal, Services or Website, to the extent permitted by law, the maximum amount of our liability arising out of all claims under these Terms or relating to the Journal, Services or Website will not in any circumstances exceed NZ$100.

20.  Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

21.  Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Last updated 1 February 2024.