The Photo Library Terms and Conditions

By downloading and/or receiving content from The Video Agency, you accept the terms and conditions of this agreement.

Every file downloaded from The Video Agency / The Photo Library comes with a STANDARD LICENCE. Your use of content is subject to the terms of the licence purchased. In granting a licence, The Video Agency still retains copyright and ownership of the images.

The purchaser is bound to the conditions of the licence and cannot transfer or sub-licence content. There are two exceptions:

I. Employer or client - If purchasing on behalf of an employer or client, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement.

II. Subcontractors - You may allow subcontractors (for example, printer, mailing house or distributor) to use the content on your behalf. You represent and warrant that you have full legal authority to bind your subcontractor to the terms of this agreement. Subcontractors may not use this content for any other purpose.

You may use content in any way that is depicted in the following terms. Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by The Video Agency are listed below. If the Standard, Extended or Exclusive Image licences do not grant the rights you require please contact the Production department at The Video Agency on 0434 398 143.

a. IMAGE LICENCES:

i. A STANDARD IMAGE LICENCE is NON–EXCLUSIVE and NON-TRANSFERABLE and grants you the right to use images:

1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video sharing services such as YouTube, Dailymotion, Vimeo, etc.);

2. Printed in physical form as part of product packaging and labelling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books, provided no image is used with the intent of metropolitan advertisement or exceeding 15,000 copies;

3. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed AUD $10,000;

4. In an unlimited number of projects that represent your company/business only for one year only from date of purchase..

b. RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT:

i. Use Visual Content in a manner other than those expressly provided by the licence you purchased with respect to such Visual Content;

ii. Use Visual Content, or portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to, depicting the Visual Content or a Model:

1. in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like;

2. in connection with the advertisement or promotion of tobacco products;

3. in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint;

4. as suffering from, or medicating for, a physical or mental ailment;

5. engaging in immoral or criminal activities;

iii. Modify Visual Content in a manner that changes, or appears to change, the context of what is depicted;

iv. Re-sell, re-distribute, provide access to, share or transfer any Visual Content except as specifically provided herein;

v. Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property or would give rise to a claim of deceptive advertising or unfair competition;

vi. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof;

vii. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than The Video Agency.

Visual Content refers to any images used under any of the above licenses when granted. The following restrictions are in addition to existing legal copyright obligations and protections and any applicable intellectual property laws relating to the use and distribution of copyrighted images.

c. TERMINATION

The Video Agency reserves the right to terminate this agreement at any time in the event of a breach by the licensee. In the event of a license termination, the termination will happen immediately upon the licensee being made aware of it, and they must cease using the Visual Content from this time. Pre-existing and retrospective usage of the Visual Content will not be affected.

The licensee may request to cancel the licence; however, any refunds will be solely through The Video Agency’s discretion and on a case-by-case basis.

Cancellation by The Video Agency, or a cancellation request by the licensee, must be done so in writing.

The Video Agency reserves the right to pursue legal action for any misuse of Visual Content.

d. INDEMNIFICATION

The Video Agency accepts no liability for any legal proceedings or breach of law incurred by a licensee using The Video Agency’s Visual Content. By purchasing any licence, you hereby indemnify The Video Agency from any damages, liabilities or expenses arising from your usage of Visual Content.

The Video Agency warrants that it has the copyright and right to sell, distribute and/or license the images which it purports to do so.

If at any time this document changes, the changes will not be applied retrospectively to any existing licence.

e. DEFINITIONS

Licensee - any person who purchases a licence from The Video Agency to use Visual Content within the parameters named above.

Perpetual - there is no expiration or end date on your rights to use the content.

Non-exclusive - The Video Agency can licence the same content to other customers. (If you would like to purchase an image for exclusive use you will need to email us directly to purchase an EXCLUSIVE IMAGE LICENCE)

Sub-licence – A licence granted by a licensee, which extends to a third party.