The following Terms and Conditions of Sale must be agreed to, prior to any transactions being finalised.
Copyright, General Terms - The producer owns the copyright of all images. In accordance with this agreement, the producer grants purchaser a limited license to own and display the above mentioned products for the purchaser's private, personal use only and does not grant the purchaser the right to re-licence, sell, display, or alter the images, other than as detailed in this agreement, or as agreed to in writing. The producer retains titles and ownership of all images in accordance with Australian Copyright Laws, and gives up no legal rights as part of this agreement. The purchaser may not on sell the images in any format, or display the images for commercial or private gain. The purchaser acknowledges that they are not permitted to re-license, sell, publically display, or cause to be publically displayed, the images and doing so may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and legal fees, pursuant to this agreement and to other rights that the producer may have. It is understood, not withstanding any other provisions of this agreement, the producer has the unequivocal right to obtain injunctive relief to protect it's proprietary rights.
Australian Copyright Laws protect the rights of the producer, and Australian Copyright Law is recognised and may be enforced internationally. Any breach of the above copyright statement will be dealt with in accordance with the law.
The purchaser is not permitted to alter the images to make them appear to be the copyrighted property of anyone other than the producer. The purchaser is not licensed to grant distribution rights to any other person or entity and acknowledges they are not a distributor for the images. The purchaser may not produce, or allow to be produced, any form of internet, retail, wholesale or trade product for sale as a DVD, CD, VCD or Tape, Print Media or part there of by use of the purchased images.
Images may not be edited or altered in any way, shape or form. Editing or altering images constitutes a breach of copyright and any such breaches will be dealt with under copyright and civil laws.
No refunds will be given on any images. The purchaser understands that the sample galleries on this site are indicative only and photoshoots may vary, depending on location and subject.
All pricing includes GST. (Australian Goods and Services Tax).
All persons depicted in any of the images produced and sold on this site are over the age of 18 years. The purchaser acknowledges that the producer will not provide any images of persons under the age of 18, irrespective of the image style. The producer states all persons appearing in images, which are made available for sale on this site, have provided photographic proof of age and are over 18 years of age at the time the images were produced.
Modifications. Any modifications not specifically listed in this document are not granted without express written permission of the producer.
Transfer of Rights. This agreement shall be binding on any successors of the parties. The purchaser does not have the right to assign it's interests in this agreement to any other party.
Entire Agreement. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.
Severability. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
Applicable Law. This agreement shall be governed by Australian and international law, as required. The purchaser holds the producer harmless for any legal issues related to the purchase or ownership of the images as it relates to community standards and laws as set forth in any city/county, state or country of the purchaser. The producer does not warrant this material to be acceptable in the purchaser's community, and purchaser assumes full responsibility for ensuring they have the legal right to own the images. The producer warrants the images are fully copyrighted, and warrants the images free of intellectual property violations only.
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