Terms and Conditions

Terms & Conditions
General
Intellectual Property Rights
Disclaimer of Liability
License Agreement
1. Definitions & Interpretations
2. Grant
3. Specification
4. Licensee's Undertakings
5. Term and Termination
6. Payment
7. Limitation of Liability
8. Entire Agreement
9. No Partnership
10. Waiver
11. Severability
12. Force Majeure
13. Proper Law and Jurisdiction

Terms & Conditions

All photos have been taken by Rob Wyatt who owns the copyright in them. For both private non-commercial use and for commercial use the following Terms and Conditions apply - please read before further action.

General

1. By accessing this site (the “Site”) you agree to the following terms. By proceeding beyond this page or continuing to use the Site you agree and acknowledge that you do so upon these terms. These conditions of use form an agreement between you and us Rob's Photography Services, 36 Jubilee Road, Sulky, VIC, 3352, Australia ("RPS"). We may alter these conditions of use from time to time in our absolute discretion without prior notice to you.

2. We reserve the right in our absolute discretion to terminate any account, registration or any other relationship you may have with us without notice in the event of a breach of these conditions of use.

3. These conditions of use are governed by Victorian law and any disputes arising out of your use of the Site will be determined in the Victorian courts only.

Intellectual Property Rights

4. The Site is owned and operated by RPS and the information and materials appearing on the Site are made available to you solely for your own personal and non-commercial use unless otherwise agreed in writing by RPS.

5. All intellectual property rights in, to and in respect of the content, information, data and materials appearing on the Site (including without limitation any copyright in the RPS Image Library, text, illustrations and photographs and trade marks, trade names and logos) are and remain the property either of RPS or of other third parties who have licensed such intellectual property to RPS.

6. We grant to individual users of the Site a non-exclusive personal licence to view and copy details from the Site for their personal and non-commercial use only unless otherwise agreed in writing by RPS. We may revoke this licence at any time without prior notice.

7. Except as provided in condition 6, none of the information or materials appearing on the Site may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed in any form or by any means without our prior written permission. Requests to republish the whole of or any extracts from any of the information or materials appearing on the Site should be sent to us at info@robsphotographyservices.com.

8. You agree that you will not arrange for any third party web site to be connected to any part of the Site by way of a hyperlink where the content of such third party web site is profane, obscene, racist, sexist, promotes or is engaged in any illegal activity of any kind or where such third party web site purports that the content of the Site is the content of that third party web site. We reserve the right to remove, for any reason whatsoever, any hyperlink to the Site.

9. Modification of any of the information or materials appearing on the Site or use of any of the same for any purpose other than as set out in these conditions of use (including without limitation on any other website or computer network) is prohibited.

10. You may not use the site to publish, post, distribute or disseminate any material which is or may be defamatory, obscene, indecent, menacing, or racially motivated, or any other unlawful material or information.

Disclaimer Of Liability Back to Top

11. The information and materials appearing on the Site are provided for your information purposes only and are not intended to address your particular requirements. You should not rely upon any information or ideas contained on the Site when making any decision or taking any action (or when refraining from doing so).

12. We endeavour to keep the information and materials appearing on the Site as up to date as possible, but we in no way guarantee that the information on the Site is accurate at all times and we reserve the right to amend the information at any time without prior notice to you. No information on the Site constitutes an offer to you by us or any third party of any nature.

13. You agree that you use the Site entirely at your own risk and we accept no responsibility whatsoever, and hereby exclude to the full extent permissible by the applicable law, any liability for any loss or damage (including any direct, indirect, incidental or consequential loss, loss of profits or other economic loss of any kind) which may be caused to you, your computer equipment or to any third party by using the Site, save to the extent that any person suffers death or personal injury as a result of our negligence. We are not responsible for any loss or damage caused by the temporary interruption of the Site due to faults or circumstances outside our control.

14. The Site may contain links to third party websites and it is possible that third party websites also link to the Site. A link from the Site to a third party website does not mean that we endorse or accept any responsibility for the content or use of that third party website.

15. Part of the Site may contain advertising. We are not responsible for and do not endorse the content of advertisements that are contained on the Site. We are not responsible for any error or inaccuracy in such advertising material.

16. Rob's Photography Services is a business name registered in Victoria, Australia no. BN B1846528X.

Licence Agreement Back to Top

The following terms and conditions together with the relevant Specification set out the terms on which the Image(s) is(are) licensed to you (the “Licensee”) by RPS.

1. Definitions and Interpretation

1.1 In this Licence, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Effective Date” means the date on which this Licence comes into effect pursuant to Clause 5;
“Fees” means the fees payable by the Licensee to RPS in accordance with Clause 6 and as more particularly described in the Specification;
"RPS" means Rob's Photography Services of 36 Jubilee Road, Sulky, VIC, 3352, Australia.
“RPS Image Library” means the database of Images compiled by RPS which may be viewed by visiting the web site www.robsphotographyservices.com;
“Image” means any photograph, image, drawing or other pictorial representation which forms part of the RPS Image Library;
“Specification” means the licence specification in relation to an Image or Images which may be submitted to RPS from time to time by the Licensee for acceptance by RPS which specifies the use of that Image, the term of the licence granted, the fee payable to RPS by the Licensee in respect of that Licence, any territorial restrictions on the grant of the licence and any special conditions which may be agreed between the parties and which together with these terms and conditions shall form the Licence;
“Term” means the term of this Licence set out in the relevant Specification.

1.2 In this Licence:
Headings are included for convenience only and shall not affect the construction of this Licence;
References to “Clauses” are, unless otherwise expressly stated, references to the clauses of this Licence and references to the “parties” or a “party” are reference to a party or the parties to this Licence.

2. Grant

2.1 In consideration of and subject to the payment by the Licensee of the Fees and the performance by the Licensee of all the other obligations of the Licensee set out in this Licence, RPS hereby grants to the Licensee a non-exclusive, non-transferable right to reproduce and use the Image(s) in accordance with the Specification and subject to and upon the terms of this Licence.

2.2 This Licence is personal to the Licensee and the Licensee may not further sub-license, sub-contract, assign or otherwise deal with any of its rights under this Licence and any attempt to do so will entitle RPS to terminate this Licence without prejudice to RPS's other rights and remedies.

3. Specification

From time to time the Licensee may submit a Specification to RPS. An authorised representative of the Licensee must submit each Specification to RPS. The Specification becomes binding on both parties once it has been accepted by confirmatory e-mail sent by RPS.

4. Licensee’s Undertakings Back to Top

The Licensee shall:

4.1 not make any alterations or modifications to the Image;

4.2 use the Image solely in accordance with the Specification and these terms and conditions;

4.3 not permit any third party to use the Image for any purpose whatsoever; and

4.4 promptly notify RPS, in writing, of any actual, threatened or suspected action by any third party or parties which may constitute or is likely to constitute an infringement of RPS's rights in the Image.

5. Term and Termination

This Licence shall commence from the date on which RPS accepts the relevant Specification in accordance with Clause 3 and shall continue in full force and effect, subject to earlier termination in accordance with the provisions of this Licence, for the Term.

6. Payment

6.1 The Licensee will pay to RPS the Fee for the grant of this Licence including GST (where applicable) on any amounts due at the frequency set out in the Specification.

6.2 Images may not be used by the Licensee until payment has been received by RPS in cleared funds.

6.3 In the event that any payment is not made by the due date, RPS reserves the right to charge interest on the amount outstanding at the rate of 4% above the then current base rate of the Commonwealth Bank of Australia, accruing from day to day (including the day on which payment was due) from the due date up to the date of actual payment, after as well as before judgment, and any such interest shall be payable on demand.

6.4 In the event of any failure by the Licensee to make payment, the Licensee will be responsible for all expenses (including legal fees) incurred by RPS in recovering such payment.

7. Limitation of Liability Back to Top

7.1 Save in respect of liability for death or personal injury arising as a result of RPS's negligence, RPS's total aggregate liability howsoever arising under or in connection with this Licence, any Specification and the publication of any Images whether in respect of a single occurrence or series of occurrences, shall not exceed the total of the amounts paid and payable by the Licensee under this Licence.

7.2 In no event will RPS be responsible for any indirect, incidental, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production or anticipated savings arising out of or in connection with this Licence.

8. Entire Agreement

This Licence together with the Specification set out the entire agreement and understanding between the parties and supersedes all previous agreements, arrangements, understandings and commitments and the Licensee confirms that it is not placing the Specification or accepting this Licence or any of the arrangements contemplated hereby in reliance upon any representation or warranty not expressly set out in this Licence (save that no liability for fraudulent misrepresentation is excluded by this provision).

9. No Partnership

Nothing in this Licence shall or shall be deemed to create any partnership or joint venture between the parties hereto. Nothing in this Licence shall be deemed or construed to constitute either party or any of its officers or employees the agent or legal representative of the other party for any reason whatsoever except only as and to the extent specifically stated in this Licence and, except as so stated, neither party is hereby granted any right or authority to act for, or to incur, assume or create any obligation, responsibility or liability, express or implied, in the name of or on behalf of the other party or to bind the other party in any manner whatsoever.

10. Waiver Back to Top

No waiver (whether express or implied) by either of the parties hereto of any of the provisions of this Licence or of any breach of or default by the other party in performing any of those provision shall constitute a continuing waiver and no such waiver shall prevent the waiving party from enforcing any of the provisions of this Licence or from acting upon any subsequent breach of or default by the other party under any of the provisions of this Licence.

11. Severability

If any one or more of the provisions contained in this Licence shall be deemed by any Court or other competent authority to be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions of this Licence shall not in any way be affected or impaired thereby.

12. Force Majeure

Neither party shall be liable to the other party for any breach or non-performance of it obligations under this Licence arising from any event beyond its reasonable control (an “Event of Force Majeure”) including, but not limited to, Act of God, governmental act, war, fire, drought, failure of power supply, lock out, strike, explosion, accident, civil commotion, refusal of any licence by any telecommunications body, impossibility or delay in obtaining materials or telephone lines. Each party agrees to notify the other party immediately upon becoming aware of an Event of Force Majeure and to use all reasonable endeavours to overcome the circumstances affecting its performance and fulfil all outstanding obligations as soon as practicable.

13. Proper Law and Jurisdiction

This Licence and the Specification are governed by and shall be construed in accordance with Victorian law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Victorian Courts.

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Terms & Conditions

General

Intellectual Property Rights

Disclaimer Of Liability Back to Top

Licence Agreement Back to Top