PHOTOS AUSTRALIA CUSTOMER AGREEMENT

A. RIGHTS DEFINITIONS AT POINT OF SALE

Basic Licence:

Single use, non-exclusive, royalty-free licence for the following:

Digital uses: websites, in online advertising, broadcast media, in social media, in mobile advertising, 
mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), 
and in online media.

Editorial: For use in content as a visual reference to illustrate text.

Personal non-commercial uses.

Images may be cropped or resized but NOT combined with other artist original works.

Not to be used for ANY application to products for resale (hard-copies or digital).

NO IMAGE may be used for hard copy prints, for resale, commercial ditribution or personal use.

Additional Licences:

Each of the following Additional Licenses is available for purchase in addition to single use Basic License and must be requested through our Customer service.

(a) Multi-seat: Unlimited use within an organisation or entity, ie, multiple team members may use the asset for their works.

(b) Unlimited Print: For printing more than 100,000 copies of the image, or for billboard application where the views will be more than 100,000. Web use is unlimited.

Images must not be reproduced for resale for “print on demand” service.

Note: Basic and Additional Licenses subject to Terms and Conditions: including usage restrictions, disclaimers and liability caps.

Your use of the Image must be ‘transformative’ – combining the Image with text and other other images to create something new. 

Images must not be reproduced for resale or distribution where the main value of the product lies in the Image itself, for example, mugs, t-shirts, posters, greeting cards, posters or other merchandise, or any “print on demand” service. 

If your intended use of an Image is not covered by the Single use, non-exclusive, royalty-free licence outlined above, please contact our Customer Service to discuss a custom license.

B. GENERAL TERMS AND CONDITIONS

1. Operation of Terms

(a) This service is provided by Gary & Adelynne Chapman T/A Chapmans Fine Framing and Photography inc. Photos Australia ABN 64 355 445 899

(b) By purchasing a Basic Licence and (if applicable) any Additional Licences (“Licence”) to exploit an Image by means of this website www.photosaustralia.au (or other URL or platform operated by Photos Australia), you are deemed to accept these Terms and Conditions.

(c) Licence Fees may be paid for by credit card or other payment service provided for in the Website, according to the terms of the relevant financial institution.

(d) If you breach any material term of these terms and conditions, we may terminate our agreement with you with or without written notice to you.

(d) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and Conditions and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to Austockphoto for any breaches of these Terms and Conditions.

(f) Each licence is for use in relation to a single product, publication or project only.

(g) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may purchase a Licence on their own account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies for the purpose of exercising the rights granted to you under a Licence.

2. Grant of Rights

(a) Photos Australia grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.

(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.

(c) You agree to take all reasonable steps to prevent any third parties from reproducing or exploiting any Image without authorisation, and to notify Photo Australia immediately if you become aware of any unauthorised use.

3. Prohibited Uses

(a) No image may be used in connection with:

(i) pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; or

(ii) advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.

(b) You must not use the image in a manner which:

(i) is obscene, disrespectful or defamatory to any person featured in the image, or is likely to bring any person or property featured in the Image into disrepute;

(ii) falsely implies that a person suffers from any medical condition, has committed or been convicted of any offence, identifies with any sexual orientation or otherwise misrepresents the person as having or not having any attribute;

(iii) falsely implies that the creator of the Image, or the persons or property appearing in the Image (if any) uses or personally endorses any business, product, political party, service, cause, association or other endeavour;

(iv) (where children are depicted) may be inappropriate;

(v) violates or infringes the copyright or other intellectual property or other rights of any person or entity;

(vi) treats the Image in a derogatory manner; or

(vii) which is contrary to any law or regulation.

(c) Images must not be used in, or as, a trade mark, service mark, logo or other indicator of origin.

(d) Images must not be posted online in downloadable format or otherwise such as to enable an Image to be distributed or shared in any peer-to-peer or similar file sharing arrangement.

4. Credits

(a) You must not falsely represent or imply that the Image was created, or is owned by, you or any other person other than the copyright owner (as notified by Photos Australia).

(b) You must not remove any notice of copyright, watermark, trademark or other intellectual property right, or other information that may appear on, embedded in, or in connection with the Image as downloaded.

(c) If and where commercially reasonable, your use of an Image should be accompanied by a credit in the following form:

“Image(s) © [year owner], used under license from Photos Australia” If other stock content used by you is afforded credit, the Image supplied by Photos Australia must receive an equally prominent credit.

5. Warranties, Disclaimers and Liability Limitations

(a) Photos Australia warrants that:

(i) it owns all rights of the Image, to grant you the rights specified in the Licence you have purchased; (ii) the Image does not, to the best of Photos Australia’s knowledge breach any law or regulation or infringe the rights of any third party;

(ii) Photos Australia will provide a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);

(iii) the Image is not, to the best of Photos Australia's knowledge subject to any claim or complaint from any third party; and

(iv) no fees, residuals or royalties will be payable by you to the creator of the Image in respect of your use of the Image, except as expressly notified to you at the time of purchase.

(b) Except as set out in clause 5(a) and subject to warranties which may not be excluded under Australian consumer law, Images are provided ‘as is’ without warranty of any kind. In particular, you acknowledge that Images may contain elements such as: trade or service marks; copyright works or subject matter; confidential information; or designs, that may require further clearance, which will be your sole responsibility to obtain.

(c) Photos Australia will endeavour to ensure that information provided in respect of each Image is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.

(d) You will release from, and indemnify and hold Photos Australia, it's employees, managers, members and Image creators, harmless against any damages or liability of any kind arising from:

(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;

(ii) the combination of the Image with any other work(s); and/or

(e) You agree that, subject to requirements imposed by Australian consumer law:

(i) Photos Australia will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if Austockphoto has been advised of the possibility of such damages, costs or losses;

(ii) Photos Australia shall be under no obligation to issue refunds under any circumstances. In the event that Photos Australia determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase; and

(iii) the liability of Photos Australia for any claim made in connection with an Image or these Terms and Conditions will be capped at AUD$1000.

6. Refunds

Refunds will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made via contact email. 

If the request is approved, Photos Australia will issue a refund to your credit card. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.

7. General

(a) These terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. Photos Australia may update these terms from time to time by written notice to you.

(b) This Agreement will be governed by and construed in accordance with the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.

PRIVACY POLICY