You are deemed to have accepted the following license terms and conditions upon requesting to download the Digital Images.
Defined terms
Grant of License
Fees and charges
Additional Reproduction rights in Digital Images
General
1. Defined terms
In these terms and conditions:
'PL' means Photographers Library (UK) Limited trading as photolibrary.com (Company No.437 1008) of 81a Endell Street, Convent Garden, London, United Kingdom.
'You' means a party who uses the Website or downloads any Digital Image. If You use the Website or download a Digital Image on behalf of Your employer this definition will include Your employer. You will ensure that any person supplied any Digital Image at Your request will comply with these terms, and will be personally liable to PL if such person fails to do so, as if such failure were a failure by You.
'Content' means all of the content featured or displayed on the Website, including, but not limited to, Digital Images, Software and all other text, graphics, photographs, images, moving images, sound, illustrations and software.
'Digital Image(s)' means both Low Resolution Digital Imagery and High Resolution Digital Imagery available for download on the Website.
'High Resolution Digital Imagery' means high-resolution images and/or film clips available for downloading on the Website.
'Invoice' means an invoice sent to You in accordance with these Terms and Conditions.
'Low Resolution Digital Imagery' means low resolution comping images and film clips available for downloading from the Website.
'Software' means any software program or code provided by PL in order to support the use of Digital Images which are obtained by You from the Website.
'Reproduction' means any form of colour or black and white copying, publication, distribution or other communication to the public of the whole or part of any Digital Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means. Reproduction further includes the use the whole or part of any Digital Image in the creation of another picture, which may be partly or completely different from the original Digital Image whether such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means. "Reproduce" has a corresponding meaning.
'Website' means the whole or any part of the web site pages located at http://www.photolibrary.com (including the layout of the Website, graphic design elements of the web site pages, underlying code elements and any text, graphics, sounds, animated elements or other content of the Website).
2. Grant Of Licence
Photolibrary Pty Ltd grants to you (or your employer if you are licensing on behalf of your employer), a nonexclusive, non-sub-licensable right to use any Software, any Digital Imagery and any derivatives or copies thereof on your personal computer.
The Digital Imagery and Software may not be shared by creating a library, Digital Imagery storage jukebox, network configuration or similar arrangement.
Low-Resolution Digital Imagery may be used ONLY for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Low-Resolution Digital Imagery may not be used in any final materials distributed internally or outside of your company or to the public, including, but not limited to, advertising and marketing materials or any online, or broadcast or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review), and may not be distributed, sublicensed or made available for use or distribution separately or individually, and as licensee, you are not entitled to grant to anyone else any rights in relation to the Low-Resolution Digital Imagery.
High-Resolution Digital Imagery may be used on a worldwide and perpetual basis as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) and in BROADCASTS or THEATRICAL EXHIBITIONS;
(iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and
(iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. including, for example: · Website, online and multimedia designs; · Advertising and promotion campaigns, presentations and brochures; · Book jackets and interior pages; · Packaging for software, music albums, CDs and cassettes, and videotapes; · Calendars, greeting cards and posters; · Trade show displays, billboards and exhibits; and · Products for resale in any quantity.
High-Resolution Digital Imagery may not be sub-licensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, High-Resolution Digital Imagery may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of High-Resolution Digital Imagery (including digital files) as an integral part of work product, but may not be provided with High-Resolution Digital Imagery or permitted to use High-Resolution Digital Imagery separately. If such use is required, it is necessary for the third party to enter into a separate licence agreement with Photolibrary Pty Ltd.
Pornographic use, use which would be defamatory or absent the consent of the model or use which is otherwise unlawful is prohibited.
If Digital Imagery featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must publish a statement which indicates that the person is a model and is used for illustrative purposes only.
Software may be used only in conjunction with the Digital Imagery. One copy of the Digital Imagery and Software may be made for backup purposes only, but may be used only if the original Digital Imagery or Software becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this agreement, no Digital Imagery or Software may be shared or copied.
Imagery is not licensed for use in a downloadable or FTP format.
Use of the Digital Imagery and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Photolibrary Pty Ltd reserves the right to discontinue the use of any Digital Imagery for any reason and to elect to replace the Digital Imagery with alternate Digital Imagery. Upon notice of any discontinuance of a license for any particular Digital Imagery, you, and your employer and your client if applicable, agree not to use such Digital Imagery in the future. Additional Rights Available: If you are unsure of your usage rights under this agreement, contact us by email at info@imageaddict.com, or by phone at 1 800 ADDICT (in Australia).
3. WARRANTY
Photolibrary Pty Ltd warrants the Digital Imagery and Software to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Imagery or Software or refund of the purchase price, at Photolibrary's option.
This warranty is in addition to your Basic Rights.
4. ASSIGNMENT OF LICENCE
The Digital Imagery and Software are licensed only to you, (or your employer if you are licensing on behalf of your employer). However, this agreement and the license to use the Digital Imagery and Software may be transferred to another person or legal entity if the following conditions are met: you, (or your employer if you are licensing on behalf of your employer):
(i) transfer the Digital Imagery and Software without keeping or storing any copy,
(ii) do not utilize any Digital Imagery or Software in the future in any manner,
(iii) transfer this physical agreement to the transferee, and
(iv) the transferee agrees to be bound by the terms hereof.
5. TERMINATION OF LICENCE
The license contained in this agreement will terminate automatically without notice from Photolibrary Pty Ltd if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this agreement.
Upon termination of this licence agreement, you, and your employer if you are licensing on behalf of your employer, must immediately
(i) stop using the Digital Imagery and Software,
(ii) return the Digital Imagery and Software and all copies of all of them to Photolibrary Pty Ltd, and
(iii) delete any Digital Imagery and Software and all copies of all of them from all magnetic media and destroy all other copies or, upon request of Photolibrary Pty Ltd, return all such copies to Photolibrary Pty Ltd.
6. PAYMENT Any licence granted is conditional upon payment in full being received by Photolibrary Pty Ltd.
7. COMPLAINTS AND DISPUTE RESOLUTION
Photolibrary pty ltd aims to resolve any customer grievance before it gets to the stage of a complaint or dispute. Our intention is to keep our customers happy through great service and by providing timely resolution of any complaints, should the occasion ever arise. To that end, Photolibrary Pty Ltd has fair policies in place on returns and refunds.
You should retain all order, invoice and receipt documentation from any purchase in order to explain, authenticate and expedite any claim that you might have.
If you have a complaint about our products or service or are seeking a refund or return please send an email to info@imageaddict.com clearly describing the circumstances of your grievance. We will revert to you as soon as we can after investigating your
complaint or refund/return request, but at least within 5 business days from the date we receive your email.
Where we have been unable to resolve your grievance to your satisfaction, we advise you to go to the Department of Fair Trading in your State or Territory or to the Australian Consumer and Competition Commission.
