Terms and Conditions - Image Usage Agreement
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.
Welcome to the BobKing.Com.Au website ("Website"). You are required to follow the terms and conditions if you use the Website located at BobKing.Com.Au. Your use of the services provided by Robert B. King Photography indicates your acceptance of these terms and conditions.
1. Use of Image/s.
"Image/s" shall mean photographs, photo, printed materials, picture/s including but not limited to material purchased from the Website.
Robert B. King Photography licenses to you the use of Images only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the Images and any accompanying materials such as copyright are retained by Robert B. King Photography and its members. The Image/s are only available for purchase in hardcopy and is not downloadable in softcopy. The license is limited to one usage per Image purchased by you in hardcopy format only. For example, if an Image is used in a website design and in a business card design, this is considered two usages for which the Image license should be purchased two times. Using an Image in multiple products without purchasing the licenses for each usage violates this Agreement.
You must be at least 18 years of age to use the Website and accept this Agreement. Robert B. King Photography may require any registrant provide sufficient proof that they are at least 18 years of age. Minors can access the Website only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. Robert B. King Photography may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.
3. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of Robert B. King Photography or its content providers or other third parties and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the Images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever necessary to comply with intellectual property laws. Absent an explicit written statement from Robert B. King Photography stating otherwise, you should assume that no consent from persons or owners of property depicted in an Images has been given regarding the publication of the Images and that model and property releases are not available from Robert B. King Photography or its content providers. Further, Robert B. King Photography makes no claims or warranties as to the validity of the model or property releases associated with any Image and the existence of such releases should be independently verified by you with sources other than Robert B. King Photography and that you agree that such usage shall be at your risk. In other words, you assume sole responsibility to ensure that your usage of an Image complies with the laws concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree when feasible to include the copyright information from the Image file in the form of a legally effective copyright notice if at all possible in this form: "[Year] © Bob King Photography. Image from BobKing.Com.Au."
4. Prohibited Uses.
Generally, (without a Robert B. King Photography Special License*) you agree not to access, download, acquire, or use our content obtained from our Website in any of the following manners:
a. Use an Image in products in which the Image is a dominant feature if the product is to be subsequently sold or distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints, paintings, magazine usage, advertisements, any books and/or book covers, album and/or CD covers, album and/or CD inserts, and within films, videos movies, documentaries, newspapers, free press, newsletters, mailers, print ads, packaging, fliers, marketing material, calendars, school assignments, presentations, or for general use in conjunction with any other product.
b. Use the Image in screensavers, software, web page builders, gallery, Image libraries or any system where the Image can be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of users.
c. Display or post Images in a gallery or library format or size large enough that makes it easy for people to copy, save, or otherwise infringe the copyright to an Image.
d. Use Images in any way that violates the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not being model-released may not be used for advertising or promotional purposes.
e. Use Images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
f. Use Images in a manner which the depicted person or a person owning the depicted property would find objectively offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive, or pharmacological products.
g. Print, copy, resell, or distribute any Image/s to other persons, companies, business/s, and/or organizations.
h. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
i. Use any part of an Image in a trademark, service mark, logo, or part thereof.
j. Remove any copyright or trademark information from any Image, print, file, or accompanying materials.
*A Robert B. King Photography Special License* can be provided for users who wish to use the Images beyond what our standard Image Usage Agreement allows. Generally speaking, the standard Image Usage Agreement allows most types of Image uses where the Images are a non-critical, ancillary part of the final creation. However, creating a new business or product line and using Robert B. King Photography Images as a main visual part of your product (t-shirts, painting reproductions, magazine spreads, posters, advertisements, books, etc.) typically requires a Special License.
A Robert B. King Photography Special License* does not necessarily provide users with any or all of the benefits listed above, however, Robert B. King Photography may be able to provide you with a Special License for any of the aforementioned usage applications. Please click here or contact us for more information on Robert B. King Photography Special Licensing.
5. Permitted Uses.
a. Edit, modify or alter purchased Image/s as necessary for your personal use, provided that the subsequent Image otherwise complies with this Agreement. The copyrights in all photos, art, Images, collectables or other files and/or products obtained from Robert B. King Photography and integrated into a derivative work will remain with Robert B. King Photography or the content provider. If requested by Robert B. King Photography, you agree to execute a written assignment of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable Robert B. King Photography or a content provider to enforce intellectual property rights.
As per Section 1, this agreement requires that if you are creating several products or projects you must purchase the Image for each new usage. If your Image usage needs fall outside of the scope of what is permitted herein, you might be able to purchase and use the Images by obtaining a Special License. Contact us here and learn more about Special Licenses and their availability.
6. Use of Editorial Images – Limitation of Liability.Users purchasing Images that are designated as "editorial use" Image assume full responsibility for their use of the Image/s. Depending on your use, the use of editorial use Images may require additional rights that Robert B. King Photography may or may not be able to provide. You should consult with your legal counsel to be sure your use is legal. These editorial use Images are not model released and are intended for Editorial Use only. By purchasing this Image you indicate that you understand and agree to all of these terms and assume full liability for your use of the Image/s and agree to hold Robert B. King Photography harmless should any liability arise.
Robert B. King Photography reserves the right to replace any Image file with an alternative Image file for any reason. Upon notice of such replacement, the license for such files terminates with respect to any prospective usage and this license automatically applies to the alternative Image files. You further agree to take all reasonable steps to discontinue use of files that have been replaced in products that already exist.
8. Image Credit Expiration and Refund Policy.
Image credit purchases are nonrefundable and expire within one year after date of purchase. In the event that a refund is made, a $xx.xx processing fee will be assessed to cover administrative and credit card fees.
9. No resale or sublicensing.
You may not resell, distribute or sublicense the files, Images, accompanying material, or the rights to use the Images to anyone for any purpose, except as specifically provided for in this agreement or within a Robert B. King Photography Special License or other Robert B. King Photography agreement.
10. Assumption of risk.
You expressly agree that use of all Images, collectables or any purchased material distributed by Robert B. King Photography is at your sole risk. Robert B. King Photography does not warrant or guarantee that Images are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible to ensure that the publication at your direction of an Image obtained from Robert B. King Photography does not violate any rights with respect to privacy, defamation, or publicity. You further agree to indemnify Robert B. King Photography in the event a claim is made with respect to the rights described in this section.
All Images, collectables, or any purchased material distributed by Robert B. King Photography are provided on an "as is" and "as available" basis and without warranties or conditions of any kind either express or implied. Robert B. King Photography assumes no responsibility for any actions or liabilities arising from their possession or use. Robert B. King Photography disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Robert B. King Photography or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Images or Website, even if Robert B. King Photography is expressly advised of the possibility of such damages. In no event shall Robert B. King Photography’s liability exceed the fees paid for the use of the Images. No oral advice or written information provided by Robert B. King Photography, its content providers or the like, shall create a warranty; nor shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, Images, collectables, and services available through Robert B. King Photography. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of Robert B. King Photography. Robert B. King Photography may assign this agreement.
13. Severability.Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such disputes shall be submitted to arbitration in Australia pursuant to the laws of the State of New South Wales in effect at the time arbitration is demanded.
15. Legal Fees and Jurisdiction.
You agree that the prevailing party shall be awarded all costs of bringing a claim, including reasonable solicitor fees and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in New South Wales. This Agreement shall be interpreted under the laws of the State of New South Wales.
16. Entire Agreement.
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 you and Robert B. King Photography, which, excepting Robert B. King Photography Special Licensing agreement(s) you may have also signed, supersedes any proposal or prior agreement, oral or written, and any other communication between you and Robert B. King Photography relating to the subject of this agreement.
17. Revision of Agreement.
Robert B. King Photography may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website. You agree to review the Agreement prior to the licensing of an Image to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying Robert B. King Photography staff of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by Robert B. King Photography.
Questions or Concerns
If at any time you believe that Robert B. King Photography has not followed the above policy, please let us know by sending an email to firstname.lastname@example.org We will make reasonable efforts to identify and correct any problem.