IMAGE, VIDEO AND AUDIO LICENSING AGREEMENT ("Agreement")
Saballa Photography grants you a perpetual, non-exclusive, non-transferable, non-sublicensable, revocable and worldwide right to use the Licensed Material. You may use the Licensed Material for Personal Use, for any purpose, with Restrictions and without attribution. You may alter and produce Derivative versions of the Licensed Material. You may Reproduce the Licensed Material a limited number of times in accordance with agreed license fees and conditions in writing.
This licence is subject to the terms of this Agreement and our Terms of Business. You agree you will not use the Licensed Material in any other manner without our express permission in writing.
DEFINITIONS
In this Agreement the following definitions apply:
"Derivative" means the creation of any work from, or that incorporates, the Licensed Material, including but not limited to the duplication, distortion, alteration, cropping or manipulation, digital or otherwise, of the whole or any part of the Licensed Material.
"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed under the terms of this Agreement.
"Personal Use" means any use not primarily intended for or directed towards commercial advantage or monetary compensation but does include the right to post on social media.
"Reproduce" means to make copies or publish the whole or any part of the Licensed Material, via any medium and by whatever means, including storage of in digital form or other electronic medium.
"Restrictions" means you may not use the Licensed Material in a way that may be considered, by a reasonable person, immoral, controversial or inappropriate. This includes associating the Licensed Material with dating or escort services, tobacco products, political parties.
"Terms of Business" means the terms governing purchase of goods and services via the website or custom photography or videography services as relevant.
WARRANTY
Saballa Photography warrants that they are the sole owner of the Licensed Material and have the right to grant the Licence and have obtained all necessary model, property or other releases. If Saballa Photography is not the sole owner, they warrant they have been given the rights by the copyright owner to grant this Licence to you. Saballa Photography is solely responsible for all litigation in relation to any trademark, copyright or other intellectual property claims that may arise as a result of the Licence provided in this Agreement. Saballa Photography will immediately take over any litigation, claims or other issues that may arise regarding intellectual property rights, including and in particular, that may arise by use of the Licensed Material in a manner consistent with this Agreement.
COPYRIGHT
No ownership or copyright in any Licensed Material shall pass to you or any other person as a result of the licence provided in this Agreement. Except as expressly stated in this Agreement, Saballa Photography grants you no right or licence, express or implied, to the Licensed Material. You may not falsely represent, expressly or implied, that you are the original creator of the Licensed Material.
INDEMNITY, UNAUTHORISED USE AND TERMINATION
You may at no time use the Licensed Material in a way that infringes third party rights, is defamatory or otherwise may be considered illegal. You shall defend, indemnify and hold Saballa Photography harmless from all damages, liabilities and expenses, including reasonable legal fees, arising out of or as a result of claims by third parties relating to your use of the Licensed Material outside the scope of this Agreement. Any use of Licensed Material in a manner not expressly authorised by this Agreement will result in termination of the Licence and the rights granted hereunder. Upon termination, you must immediately stop using the Licensed Material and destroy or return the Licensed Material to us. We reserve the right to charge, and you agree to pay, a royalty fee for unauthorised use of the Licensed Material.
The Governing Law for the terms of this Agreement is New South Wales and both parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Copyright © 2024 Saballa Photography - All Rights Reserved.
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