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Notice to Users
This is a legal Agreement between "You" (meaning the person and the entity you represent, either directly or indirectly, whose name appears in this Website Registration request, and "ANT" meaning ANT Photo Library Pty Ltd. 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 it to this Agreement.
Definitions
The words "Image" or "Images" mean any Graphic device or Picture in any format found on this website.
Grant of License.
All Licenses granted by ANT are conditional upon your compliance with all the provisions laid out on the applicable License and in these Terms and Conditions.
Rights Managed content.
A License granted for Rights Managed content is subject to all the conditions laid out in this document excluding section 3.2 below. ANT grants you limited non-exclusive rights to use Rights managed content solely as specified in the Invoice/License and limited to these terms and conditions. ANT reserves the rights not specifically specified in the Invoice/License and in these Terms and Conditions. Unless otherwise stated in the Invoice/License the license granted permits you the use of the Rights Managed content for one year only from the date of the applicable Invoice/License. You may not distribute, publish, display, communicate or otherwise use in any way the rights managed content, including without limitation the licensed use, after this date.
Royalty Free content.
A License granted for Royalty Free content is subject to all the conditions laid out in this document and is granted to you or the End User as Licensee and is non-transferable or non-sub-licensable. If the Licensee is an entity then up to 10 of it's employees or contractors may use the image on behalf of the Licensee providing they agree to abide by the terms on the Invoice/License and these Terms and Conditions. ANT grants the Licensee a limited, non-exclusive, perpetual, worldwide right (except where otherwise specified on the Invoice/License) to use the image for any purpose and in any media authorized under these Terms and Conditions with the following exceptions:
•Products intended for resale such as but not exclusively, Web templates, greeting cards, print-on-demand services, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image sold or given for free, are considered redistribution.
•Redistributing the image by, but not limited to, making the image available for download from a website in any form including screen savers, wallpaper etc.
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 or Comp 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 or Comp 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 License 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 to the new use.
Limitations of use for Image on this website
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.
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.
You may not use or allow to be used an Image in a way that might be considered defamatory, libelous, pornographic, fraudulent, infringing or tortious, whether directly or in context or juxtaposition with specific subject matter or by altering it in any way that violates the person's right of privacy or publicity infringes on any trade name, trademark or service mark or to otherwise use an Image for any unlawful purpose promotes the destruction of species or the environment.
Artists Reference.
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, in some instances, the transparency may be 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.au 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 $50.00 per file, plus, for Credit card purchases, 10% of the license fee to cover Merchant and processing 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 EURO, 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 License
A license granted will terminate immediately if the terms of the License agreement are breached, you enter into liquidation, have a receiver appointed or in the unfortunate event of your death.
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