Declaration of Consent
As the client/purchaser you understand and consent to Satin Edge Photography Pty Ltd taking your studio photograph(s) and storing digital copies of these photograph(s).
Title and Ownership
Title and ownership, and all rights now and in the future, of and for the image(s) remain the exclusive property of Satin Edge Photography Pty Ltd. You also understand that Satin Edge Photography Pty Ltd retains all rights, license, copyright, title and ownership of the image(s) and that the image(s) may be used by Satin Edge Photography Pty Ltd for advertising and/or marketing purposes.
Use of Personal Information
You understand that Satin Edge Photography Pty Ltd reserves the right to retain your personal information and that this information may be used in the future for Satin Edge Photography Pty Ltd's marketing and promotional purposes. For the express purpose of 'Warragul and Drouin Gazette Baby Photographs', you consent to Satin Edge Photography forwarding your personal information (voluntarily entered into the relevant form) to Warragul Regional Newspapers Pty Ltd for the purpose of publication of the afore-mentioned newborn image/s in the Warragul and Drouin Gazette. Your personal information will not be forwarded to any party or organisation other than those specified in these terms and conditions without your consent.
There is no warranty, express or implied, with the purchase of digital and/or printed images.
Satin Edge Photography Pty Ltd grants you (our client/purchaser) a non-exclusive, perpetual, personal-use license to download and copy digital image/s subject to the following restrictions: The image/s are purchased wherever necessary, this license is for personal use only unless 'Commercial Photography' services have been provided. Personal use means non-commercial use of the image(s) for display on personal websites, devices and/or computers, or printing for personal use. The image(s) may not be used in any way whatsoever to generate profit, charge money for, collect fees, or receive any form of remuneration by any other means.
Conditions of Use
The image(s) may not be used for advertising and/or marketing purposes unless 'Commercial Photography' services have been provided. The image(s) may not be resold, relicensed, or sub-licensed. You (our client/purchaser) may not resell, relicense or redistribute any images without express written permission from Satin Edge Photography Pty Ltd. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download to any third party.
Supply of Images
The image(s) are provided 'as is.' The cost of images supplied includes standard re-touching and blemish removal only. Additional editing, blemish/spot removal, augmentation, re-touching, cropping, watermarks, trademarks or any other change, adjustment or alteration will attract additional costs. Such additional services will be charged for at Satin Edge Photography's standard hourly rate.
Satin Edge Photography Pty Ltd shall not be held liable for any third party claims or incidental, consequential or other damages arising out of this license or our client's/purchaser's use of the image(s). You acknowledge that Satin Edge Photography Pty Ltd cannot be held liable for any circumstance/s and/or any other factor beyond its control that could prevent, interrupt, corrupt and/or inhibit the capture, download, storage, upload and/or playback of digital image material.
Satin Edge Photography Pty Ltd cannot be held liable for any copyright breaches or infringements on any third-party images either in print or digital format that are supplied to us by you (our client/purchaser). You (our client/purchaser) accept any and all liability for any copyright breaches or infringements of third party images either in print or digital format that are supplied to us by you.
Satin Edge Photography Pty Ltd reserves all rights to change, alter and/or adjust these terms and conditions without notice.
Image Licensing Term and Conditions – Real Estate & Commercial Content
1.1 The Licence
This license is individual, non-transferable and non-exclusive. It grants you the right to use the content on any medium and utilise at will. This gives you the right to carry out propagation of the content.
This licence is provided with a time limit, based on the length of the property listing with the Real Estate Agency.
If on the circumstances you should fail to respect one of the specifications, a warning will be issued and licensing to said content may be terminated.
It is mandatory to contact The Company in order to pay for any third party usage of the content.
It is prohibited to resell, lend or distribute the images; unless written permission has been granted by The Company.
It is prohibited to use the content in a context which might be seen as slanderous, offensive or degrading.
The Company credits that we are entitled to all of the commercial rights to the content taken.
All rights to the content are owned by The Company. This license does not entail a transfer of ownership or rights.
The content is protected by the copyright laws. The content is therefore to be treated as any other protected product.
Any form of duplication without the consent of The Company may be considered as a breach of contract.
1.4 Satin Edge Ownership
Images provided by The Company to the listing agent are owned in full by The Company unless stated otherwise.
The Company may resell image rights to third parties or use for marketing/advertising purposes.
1.5 Vendors, Tenants & Investors
In conformity to the terms of this agreement you must disclose to the client whose property is being photographed that the images are bound by this agreement and that all images captured remain the property of The Company and is only to be used for the duration of the listing/licence limit.
The vendor or associated person(s) with the property listed may obtain copies of the content from The Company and may be subject to paying separate licensing and administration changes.
1.6 Termination of Licence Agreement
The license may terminate automatically without notice by The Company if there is failure to comply with the terms of this agreement or failure to pay any accounts or monies owed.
1.7 Terms of Termination
Upon termination, you must immediately:
(a) Stop using all content
(b) Delete any content and all duplicates on any other media whether digital, print or other format.
1.9 Governing Laws
This Agreement will be governed by the laws of Australia. The Courts of the Australia have the non-exclusive jurisdiction to apprehend this Agreement. The Company have the right to litigate any legal action or proceeding before any court of jurisdiction to obtain alleviation in the event that The Company sees such action as necessary.
2.0 Unauthorised Image Usage
The Company hold the copyright to all the content provided under the license agreement.
2.1 Booking Cancellations
If booking is cancelled it may be subject to a booking cancellation fee.
Any entity using The Company’s images without written authorisation may be liable to costs associated with copyright, loss of business and defamation of the The Company Brand.
Any unauthorised usage may be pursued via a legal representative from The company in accordance with the Australian Copyright Act of 2006 and other state and federal laws.
Satin Edge Photography Pty Ltd
98 606 311 040
13/11 Pearse Street Warragul
Any product or service completed or provided by Satin Edge Photography
2.3 Stock Images
Images provided as Stock Images, are owned in full by The Company. Stock image usage can be terminated by The Company at any time, effective immediately.