Terms and Conditions

ROYALTY FREE AGREEMENT

USER LICENSE AGREEMENT
This is a legal agreement between you and Photographyebiz, holder of the images located on this site and CDs.

Using the images from the Photographyebiz Images signifies that you agree to and accept these terms and conditions.

1. License Grant
Photographyebiz licences you to use the CD and images only as provided below in Australia and other countries on a non-exclusive and non-transferable basis. All other rights to the CD and its images, including without limitation, copyright and all other rights, are retained by Photographyebiz.

2. Permitted Usage
(i) By this agreement, Photographyebiz grants to you (the registered user) the non-exclusive, non-transferable right to use the image(s) in any electronic or print media, including advertising, brochures, editorial, internet, newsletters, magazines, and billboards for you or your direct clients or customers, who must be the end-user. All equipment accessing the images must be operating under one organisation.

(ii) You may back up, copy, or archive the CD or image as is necessary for your own personal use only.

(iii) You may modify the images to suit your needs, as agreed in the terms and conditions, provided that the rights to any derivative work shall belong to Photographyebiz. Such altered work may be used only as permitted in accordance with these terms and conditions, and you hereby assign any and all copyrights with respect to such derivative work to photographyebiz.

3. Licence Restrictions
You may not:

  • Copy, or distribute copies of the software.
  • Sub-license, sell, resell, distribute, give away, lend, rent, lease or provide to others any portion of the images from the CD-ROM.
  • Use any image from the CD-ROM in any form of pornography, or in any other manner which is in any way consider to be defamatory, libellous, obscene, immoral, or fraudulent of any person or entity or otherwise unlawful.
  • Use images with logos or trademarks without authorisation from the authorities of the logo or trademark. Crop individual people from groups larger than 6 people and use them as an individual in your project.
  • Use the images in products for resale other than newspapers and magazines that have no more than a monthly shelf life.
  • Use the images for calendars, postcards, saleable books, posters and framed prints. Remove any photographyebiz trademark or copyright from any place where it appears on the CD or image.

4. Warranties
Where appropriate, the images are model-released, but this release exclusively relates to the use permitted by this License Agreement, unless notified.

Photographyebiz also warrants that the CD disc is free from defects in materials and workmanship for 90 days following the receipt of the product. Photographyebiz makes no warranty of any kind on the quality of the images or compatibility with other computer products. Your sole remedy against Photographyebiz shall be limited to replacement of the CD-ROM. Neither Photographyebiz or its contactors will be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of the image including any lost profits or any claim of a third party.

You agree to indemnify and hold Photographyebiz harmless against all claims arising out of any breach of this agreement.

5. General
All rights to Photographyebiz CDs and their images are owned by Photographyebiz and are protected by international copyright laws. Photographyebiz retains the rights not expressly granted by this agreement. You accept the legal and financial responsibility for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The court of Sydney, Australia, will have exclusive jurisdiction.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT OF THIS AGREEMENT.

 

RIGHTS PROTECTED AGREEMENT

(a) Limited Usage
Unless otherwise stated in writing, the Photographs purchased or viewed by you remain soley the property of Photographyebiz. Photograph(s) license is only granted for the use specified on the invoice and for no other purpose or use. You do not own any rights to any Photograph(s), including, without limitation, any electronic reproduction or promotional rights, except as specifically set out on our invoice. The license to use the photograph(s) is only effective after payment is received and no rights are granted by your possession of the Photograph(s), CDs or the Invoice. If you require additional rights, other than what is stated, these can be arranged at additional cost upon your request. You agree not to, authorise or permit any use of a Photograph or its derivative except as authorised by the invoice.

(b) Responsible for Use
You agree not to use the Photograph(s) in any defamatory manner by making physical changes to it, or use any photograph(s) in any form of pornography, or in any other manner which is in any way consider to be defamatory, libellous, obscene, immoral, or fraudulent of any person or entity or otherwise unlawful including accompanying text. By advising us of your choice of Photographs you accept full responsibility for each Photograph being suitable for your needs.

(c) Return of original transparancies
Photographs are to be returned directly to Photographyebiz by registered mail, carefully packaged, prepaid and fully insured, within three (3) months after the Invoice date. If a Photograph is not returned by the twelfth month after the Invoice date, the Photograph(s) will be deemed to be lost and the liquidated damages provision of the above paragraph shall govern. A fee would apply for the potential revenue which could be attained by an image for its life and is set at five thousand dollars AUS ($5,000.)

(d) Assignments
You may not use, assign or transfer to anyone else the usage rights that have been granted, without Photographyebiz's prior written consent.

(e) Payment terms
No rights are granted until our Invoice is paid in full. The terms of payment are no longer than thirty (30) days.

(f) Copyright Protection
All Photographs used including editorially must show the credit line "©, year, Photographyebiz". or as otherwise indicated by Photographyebiz. We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Photographyebiz and you relating to your use of this website.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT OF THIS AGREEMENT.