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- Notice to Users
This is a legal Agreement between “You” (meaning the
person and the entity they represent, either directly or indirectly,
who’s name appears in this Website Registration request,
and ”ANT” meaning ANT Photo Library Pty Ltd (also
know as Australasian Nature Transparencies and ANT). By checking
the box agreeing with these Terms and Conditions you confirm that
you have the authority on behalf of the entity you represent to
bind yourself and them to this Agreement.
- Definitions
The words “Image” or “Images” mean any
Graphic device or Picture in any format found on this website.
- Ownership
This Website and all the Images, text, symbols and designs are
owned by ANT and/or individual photographers and are protected
by International copyright.
Using this website, purchasing and paying for the rights to use
an image or downloading a High-Resolution file from this website
does not transfer ownership or copyright of the image.
- Download of Layout Files
ANT grants you a personal, non-assignable, non-transferable, non-exclusive
right to copy the Image(s) you have selected in the form of layout
files onto your computer and to use the Image(s) for the following
limited applications: to be used as part of the Image selection
process for publications and mock-ups for client presentation
or editorial approval. The Layout files may not be used in any
final materials distributed internally or to the public including,
without limitation, both personal and corporate websites, other
electronic publishing, artist’s reference or as part of
a derivative Image(s).
- Downloaded Digital Files
the downloading of digital files from this site does not constitute
a License. The terms of the licence agreement are stated on the
Invoice, which must be paid in full before the License to use
the Image is released. You may not use or allow to be used any
Image beyond the licenses granted. Any additional or extended
use must be licensed and additional fees agreed with ANT and paid
in full prior the new use.
- Limitations of use for Image on this
website
A. You may not create any derivative Images with our prior written
permission. The copyright of the derivative Image will be partly
owned by the copyright holder of the original Image. The degree
of ownership will depend on the degree of visual importance of
the original to the derived Image.
B. You may not post an Image online in a down-loadable or ftp
format or offer it for use or resale to a third party beyond the
terms of the license agreement.
C. You may not use or allow to be used an Image in a way that
might be considered:
i. defamatory, libellous, pornographic, fraudulent, infringing
or tortious, whether directly or in context or juxtaposition with
specific subject matter or by altering it in any way.
ii. to violate the person's right of privacy or publicity.
iii. to infringe on any trade name, trademark or service mark
or to otherwise use an Image for any unlawful purpose.
iv. to promote the destruction of species or the environment.
D. You may not use an Image as an Artists Reference without permission
and the payment of fees.
- Suitability of Digital files
You are solely responsible for certifying
the suitability of a digital file downloaded from this website.
Our digital files are provided “as is”. ANT makes
no representation or warranty with respect to the suitability
of a digital file for any particular use. If you deem one of our
digital files to be unsuitable for your use our “Cancellation”
policy can be invoked, or in most instances, the transparency
is available for you to scan.
- Rights Consents and Permissions
Unless otherwise explicitly indicated, no property or model release
exists for any Images held on this website. ANT 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. You are solely responsible for satisfying yourself
that all relevant rights, consents permissions are secured prior
to reproduction.
- Content
We use our reasonable best efforts to ensure the accuracy of the
Content on our site, we make no representations or warranties
as to the accuracy, correctness, or reliability of the Content.
- Indemnity
You agree to indemnify and hold ANT Photo Library Pty Ltd, and
the photographer, harmless from any and all claims, liabilities,
damages, costs and expenses, including all legal fees, arising
from the use of this website, an Image or any breach of this agreement.
- Credits
Images used editorially should display the following credit line:
photographer’s name/antphoto.com. If you fail to credit
any of our Images we reserve the right to charge an additional
30% of the original License fee.
- Complimentary Copy
Upon publication you must provide us with a complimentary copy
of any publication in which the Image appears.
- Library and Website server charges
Images License fees from ANT Photo Library include Library Service and or Website Server charges. ANT Photo Library reserve the right to charge fees for additional services and products requested by Clients or Photographers
- Cancellation
You have seven days from the date of
the License Agreement to notify us of the cancellation of the
use of an Image. After this time you must accept the invoice terms
and payment of the invoice is due in full. However if you have download Hi-res files from the website and then wish to cancel their use we make a website server charge of $25.00 per file, plus, for Credit card purchases, 5% of the license fee to cover Merchant fees.
- Payment Terms
All accounts must be settled within 30 days of the date of invoice.
Overdue accounts will incur a collection charge of $50 or €50,
as appropriate. An invoice must be paid in full before the License
to use the Image is released. Refunds are made to the same
account from which they were paid.
- Termination of Licence
A licence granted will terminate immediately if the terms of the
Licence agreement are breached, you enter into liquidation, have
a receiver appointed or in the unfortunate event of your death.
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