The following is a legal agreement between the Licensee (you) and ASK Media & PR. Please read this Agreement carefully before using any image from
this website. Using an image downloaded from the ASK Media & PR website
means you agree to be bound by the terms of this Agreement. The Images are
copyrighted. All rights are owned by ASK Media & PR and Arthur Thornton
or the accredited photographer. The only rights granted are specifically listed
below; All others are reserved. Your rights to use an image is based on the
restrictions
stated
in
this Agreement,
and are dependent upon your payment of the purchase price for the images before
use.
THIS LICENSE AGREEMENT controls your right to use any image(s) supplied by
ASK Media & PR and Arthur Thornton or the accredited photographer for
the purposes listed below. This Agreement is a legal contract that specifies
the
terms of
the license
and warranty and liability limitations between you and ASK Media & PR
for any image(s) supplied by ASK Media & PR. You agree to be bound
by the terms hereof by accepting any image(s).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
IN CONSIDERATION of the payment of the fees stated for accepting one or more photographic images from ASK Media & PR, and in further consideration of your acceptance of the provisions of this agreement, ASK Media & PR hereby grants you a personal, non-transferrable, non-exclusive, limited right to use such images subject to the following terms and conditions:
Permissible Uses
You are licensed to use the image(s) worldwide, for the following purposes ONLY:
Editorial, photographic prints for non commercial purposes and personal web
sites.
The image(s) itself (themselves) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used for pornographic, libellous, defamatory or any other improper or illegal purposes.
Unless it is indicated that an image has a model or property release, no such release exists. ASK Media & PR gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.
"Non-transferable" as used above, means that the work you produce
using an image must be for your own use, or for the use of your employer, client
or customer, who must be the end-user of your work. You may not sell, rent,
loan, give, sub-license or in anyway transfer to anyone an image, or the right
to use them, except as described under "Permissible Uses". You may
not grant any third party the right to use or duplicate an image. You agree
to take all reasonable steps to prevent third parties from duplicating or distributing
the images. You may not post any image or images from this site on any electronic
bulletin board, put the images on-line in a downloadable format, or use the
images in a website at a resolution higher than 72dpi.
Copyright of Images
The digital image files on this web site are copyrighted and
protected by the intellectual property laws of Australia, United Kingdom, United
States
and the Berne Convention. Images are not sold; their use is licensed and they
remain the sole and exclusive property of ASK Media & PR and Arthur
Thornton or the accredited photographer. Image use without prior payment is
a copyright violation. All images are owned by ASK Media & PR and Arthur
Thornton
or the accredited photographer and are protected
by
Copyright law, and are bound by the laws in force in Australia. No title to
or intellectual property rights to the images are transferred to you. ASK Media & PR and Arthur Thornton or the accredited photographer retains
all rights not expressly granted by this License Agreement. All rights to the
image(s)
are
owned by
ASK Media & PR and Arthur Thornton or the accredited photographer and are protected
by Australian copyright laws, international treaties and other applicable laws.
ASK Media & PR
retains
any and all rights, titles and interests not expressly granted by this license
agreement. You may not transfer, assign or sub-license the image(s) without
the prior written consent of ASK Media & PR. Any attempt to transfer
or assign this license without prior written consent to do so shall automatically
terminate this license.
Editorial Photo Credits and Copyright
Any editorial use of the image(s) must bear the credit line "Arthur Thornton" or
the name of the accredited photographer. You agree to provide statutory copyright
protection of the image(s) by timely registration of the work you created or
the work
in
which
the image(s)
appears.
Additional Rights Available
If you are unsure of your usage rights under this agreement or wish to use
the image in a manner not permitted by this agreement (for example: as part
of an advertisement, point-of-sale material, product packaging, press release
etc), please contact us by email at info@askmedia.com.au, or by phone at
+61 (0) 2 9489 4929.
User Warranties
You warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image(s).
ASK Media & PR Warranties
ASK Media & PR warrants that the supplied digital image(s) are shall
free from material defects in material and workmanship for thirty (30) days
from the time of delivery. Your sole and exclusive remedy for a breach of this
warranty is shall be the replacement or of the image(s) or refund of the purchase
price at the sole option of ASK Media & PR. ASK Media & PR
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. Some countries/states do not permit the exclusion of implied warranties
and you may have other rights, which vary from place to place.
Damages
IN NO CASE SHALL ASK Media & PR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF ASK Media & PR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL ASK Media & PR' LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO ASK Media & PR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
USA Only
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between ASK Media & PR and you. ASK Media & PR would not be able to provide the image(s) on an economic basis without such limitations.
Outside of the USA only
The limitations or exclusions or warranties and liability contained in this agreement do not effect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of business. ASK Media & PR shall not be liable for any general, special, direct, indirect, incidental or consequential damages arising out of the license and use of the image(s).
Notices
Any notices or requests to ASK Media & PR may be addressed to the company at: P.O. Box 381, Wahroonga NSW 2076, Australia or by e-mail addressed to info@askmedia.com.au
Termination
This agreement shall immediately terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s), delete all copies of such image(s) from your computer and magnetic media and Compact Discs or Digital Video Disks.
Legal Costs And Jurisdiction
In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse ASK Media & PR and Arthur Thornton for its reasonable legal fees and disbursements if ASK Media & PR and Arthur Thornton is successful in the suit.
YOUR ACCEPTANCE OF ANY IMAGE(S) CONSTITUTES YOUR CONSENT TO AND ACCEPTANCE OF THE FOREGOING IMAGE LICENSE.
Governing Law and General Provision
This Agreement will be governed by the laws in force in Australia excluding
the application of its conflicts of law rules. This Agreement will not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any part of this
Agreement is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and enforceable according
to its terms. You agree that neither the images nor the products will be shipped,
transferred or exported into any country or used in any manner prohibited by
export administration legislation or any other export laws, restrictions or
regulations.
If you need more information on the license contact: info@askmedia.com.au