simple stock shots Agreement
1. Contract with Simple Stock Shots
You enter into a contract with Simple Stock Shots Pty. Ltd. ("Simple Stock Shots") by registering on the Website or by downloading any Photographs or Images from the Website. Your contract with Simple Stock Shots is set out in these Terms and Conditions.
2. Intellectual Property
(a) Simple Stock Shots either owns all intellectual property rights in the Website, the Photographs and the Images, or has a licence to use them.
(b) Where You have paid for and downloaded a Photograph or Image from the Website, You acquire a licence to use but at no time do you own the intellectual property rights in the Photographs or Images. You do not acquire any rights to the intellectual property in the Website.
(c) Your licence is perpetual, non-exclusive, non-transferable and may not be sub-licensed to any third parties. Your licence entitles you to copy, reproduce, transmit, digitally manipulate and display the Photograph or Image for an unlimited number of times for the following purposes:
(1) Advertising and promotional;
(2) Online or electronic distribution systems including web page design;
(3) Broadcast and theatrical exhibitions;
(4) Publications and products; and
(5) Any other use approved in writing by Simple Stock Shots.
(d) You may not sub-licence, sell, assign, convey or transfer any intellectual property rights in any of the Photographs or Images, but You may sell or licence any derivative works You create utilising the Photographs or Images You purchase.
(e) You may not use the Photographs or Images in any of the following ways:
(1) As a logo or trademark;
(2) Making them available for download by any third parties; or
(3) Using them in any pornographic, defamatory, libellous or otherwise illegal manner, whether directly or indirectly.
(f) You may download low-resolution or comping images from the Website, but these may only be used by You, and may not be used for any commercial purpose whatsoever.
(g) Your licence, under this clause 2, does not extend to use by anyone other than Yourself, including any other employees or your employer. You should contact Simple Stock Shots at info@simplestockshots.com, if you require any volume licensing.
3. Downloading
(a) Once you have purchased Your Photographs or Images, You have 12 months to download them from the Website, from the time Simple Stock Shots sends You a purchase verification email (to the email address you notify Simple Stock Shots of when registering on its website).
(b) You may re-download the image at any time for 12 months after Simple Stock Shots sends the verification email as above.
(c) If You fail to download the Photographs or Images within 12 months, they will no longer be available to You and You will need to purchase them again.
4. Your Obligations
You covenant and warrant that:
(a) You will uphold the good name and protect the goodwill of Simple Stock Shots at all times;
(b) You will conduct Yourself in a professional manner at all times and honour Your obligations under these Terms and Conditions;
(c) You will not make use of the Website or any of the Photographs or Images available from it for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Simple Stock Shots;
(d) You will not interfere with or disrupt the access of other users of the Website in any way;
(e) You will not use any of the Photographs or Images available on the Website for unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable purposes of any kind;
(f) all information in the Details is true and accurate in every detail;
(g) all information provided by You to Simple Stock Shots and which relate to You in any way is true and accurate in every detail;
(h) if You are using the Website on behalf of an employer, Your employer is bound by these Terms and Conditions as well; and
(i) You will observe and be bound by the Acceptable Usage Rules.
5. Payment of the Fees
You agree to pay the Fees in the following manner for downloading any Photographs or Images from the Website:
(a) General
All Fees are due and payable:
(1) Where You utilise a credit card, immediately You place an order for a Photograph or Image on the Website; or
(2) Where You have an account with Simple Stock Shots, within 30 days of Your placing an order for a Photograph or Image on the Website.
(b) Secure Payment
(1) All payments can be made using our secure online credit card payment services provided by WorldPay.
(2) The terms and conditions governing payment by credit card are those set out on WorldPay's Website.
6. Powers of Simple Stock Shots
You agree that:
(a) Simple Stock Shots, may at any time without notice to You, remove any Photographs or Images from the Website;
(b) Simple Stock Shots may modify the Website (including, without limitation, the Fees payable from time to time) in any way, without notice to You;
(c) Simple Stock Shots may modify these Terms and Conditions without notice to You, and such modifications will apply from the time that they are made.
7. Representations and Warranties
You acknowledge and agree that Simple Stock Shots has not made any representation or given any warranties:
(a) in relation to the Website; or
(b) that the Photographs or Images available from the Website are suitable for any particular purpose.
You further acknowledge and agree that:
(A) Photographs or Images available from Simple Stock Shots are provided as is;
(B) Simple Stock Shots has made no representation or warranty regarding ability of Photographs or Images to be printed, reproduced or otherwise used for any particular purpose;
(C) The quality of any printing, reproduction or use of Photographs and Images may vary depending on a number of factors outside the control of Simple Stock Shots.
8. Indemnity
You indemnify and keep indemnified Simple Stock Shots, its suppliers, employees and sub-contractors on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgement, order of a court or tribunal, legal fees (on a solicitor and own client basis) which Simple Stock Shots pays, suffers or incurs or is liable for in respect of:
(a) Any negligent act or omission by You;
(b) Any act or omission by You which is intended by You to cause damage in any way to Simple Stock Shots;
(c) Any breach by You of these terms and conditions;
(d) Your failure to comply with these Terms and Conditions; or
(e) Your failure to comply with the Acceptable Usage Rules.
9. Disclaimer
(a) Simple Stock Shots gives no express warranty in relation to the supply of the Photographs or Images and You acknowledge that You have not relied on any representation or warranty made by or on behalf of Simple Stock Shots in relation to the Website, the Photographs or Images.
(b) Any warranties or conditions implied by law, either by statutory instrument or otherwise, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.
(c) To the extent permitted by law, if Simple Stock Shots is or becomes liable to You in any manner whatsoever for breach of warranty or in relation to the supply of any defective Photographs or Images, then Simple Stock Shots' liability will be limited solely to the price paid by you for the Photographs or Images or the cost of their re-supply, whichever Simple Stock Shots elects.
(d) You acknowledge that You have undertaken Your own inspections and made Your own independent enquiries in reaching Your decision to purchase the Photographs or Images and enter into these Terms and Conditions.
10. Refunds
(a) Subject to compliance with the procedures outlined in the Refund Policy refunds will be provided in respect of Corrupted Photograph or Image files (as defined below).
(b) Refunds provided under this clause will be limited to the repayment of the price paid for the Corrupted Photograph or Image.
(c) For the purpose of these Terms and Conditions, a Photograph or Image is Corrupted only if:
(1) the Photograph or Image received by you is not identical to the Photograph or Image stored on the servers of Simple Stock Shots; and
(2) In the opinion of Simple Stock Shots:
(i) the difference is not caused by any fault of the system used by you to download the file; and
(ii) the error is capable of being reproduced by Simple Stock Shots by downloading the file to another system; and
(iii) the difference is not caused by any act or omission on your part; and
(iv) the difference cannot be remedied by providing the file to you on a CD-ROM, and
(3) your request for a refund is bona fide and in good faith
(d) None of the above shall be taken to limit your rights arising under the Trade Practices Act 1974 (Cth) or any any other consumer legislation which is deemed by law to apply to these Terms and Conditions.
11. Termination
(a) Simple Stock Shots may terminate these Terms and Conditions at any time without notice.
(b) Upon termination You must immediately pay Simple Stock Shots all outstanding Fees (if any) that You owe Simple Stock Shots.
(c) Your obligations under clauses 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14 and 16 survive the termination of these Terms and Conditions.
12. Assignment
(a) Simple Stock Shots may assign its rights and liabilities arising under these Terms and Conditions.
(b) You are not entitled to assign or purport to assign any of Your rights or liabilities under these Terms and Conditions without the prior written consent of Simple Stock Shots (which consent may be withheld).
13. Penalty Interest
Any moneys owed by You to Simple Stock Shots which are outside Simple Stock Shots payment terms as set out in clause 5 will incur interest at a rate of 2% above the penalty interest rate as specified in the Penalty Interest Rates Act from time to time.
14. Acceptable Usage Rules
You agree that the Acceptable Usage Rules form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Acceptable Usage Rules, then these Terms and Conditions will prevail.
15. GST
All of the Fees are exclusive of GST where it applies.
16. General
(a) Each party warrants by agreeing to abide by these Terms and Conditions that they have obtained independent legal and financial advice on these terms and conditions.
(b) An obligation imposed on two or more persons binds each of them jointly and severally.
(c) If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these terms and conditions are not affected.
(d) A party may validly give a notice to another party only by:
(1) personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);
(2) leaving the notice at the address of the party as specified in these terms and conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);
(3) posting the notice by prepaid post to the address of that party as specified in these terms and conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);
(4) emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent; or
(5) sending the notice by facsimile, without transmission error (the notice is treated as received on production of a "successful transmission" notice) to the facsimile number of the party.
(e) You are bound under these Terms and Conditions not only in Your own capacity but also in its capacity as trustee of each trust of which You are a trustee.
(f) These Terms and Conditions are governed by, and will be construed in accordance with, the laws of the State of Victoria in the Commonwealth of Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria and the courts of appeal from them.
(g) Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:
(1) is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these terms and conditions; and
(2) must be in writing and signed by the party granting the waiver.
(h) Each party must do all things and execute all further documents necessary to give full effect to these Terms and Conditions.
(i) There are no other representations, promises, warranties, covenants or undertakings between the parties and these Terms and Conditions supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
17. Dictionary
1.1 Definitions
The following words have these meanings in these terms and conditions unless the contrary intention appears:
Acceptable Usage Rules Means the Acceptable Usage Rules which govern the use of the Website and which are available from http://www.simplestockshots.com .
Details Means all details You supply to Simple Stock Shots including, without limitation, Your name, street address, postal address, email address and credit card details.
Fees Means the fees described on the Website (and which may be amended from time to time) and which are payable by You for ordering a Photograph or Image from the Website.
Images Means any images available for purchase and download from the Website.
Photographs Means any photographs available for purchase and download from the Website.
Website Means http://www.simplestockshots.com or any other Website operated by Simple Stock Shots from which Simple Stock Shots provides the Photographs or Images.
Simple Stock Shots Means Simple Stock Shots Pty Ltd ABN 77 109 828 006.
You and Your Means any person who downloads and/or purchases any Photograph or Image from the Website.
Acceptable Usage
These usage guidelines describe the proper kinds of conduct and prohibited uses of Simple Stock Shot services. These usage guidelines are not exhaustive and Simple Stock Shots Pty. Ltd. ABN 77 109 828 006 ("Simple Stock Shots") reserves the right to modify them at any time, effective upon posting of the modified usage guidelines to http://www.simplestockshots.com.
By registering for and/or using this website and the photographs and images available from it and thereby accepting the Simple Stock Shots Terms and Conditions, you also agree to abide by these usage guidelines as modified from time to time. Any violation of these usage guidelines may result in the termination of your account in the manner described in the Simple Stock Shots Terms and Conditions.
1. YOUR GENERAL RESPONSIBILITIES
The Simple Stock Shots website enables you to download and use photographs and images for a fee. Simple Stock Shots provides the Simple Stock Shots website with the goals of
1.1. ensuring the security and privacy of its users;
1.2. maintaining an image and reputation of Simple Stock Shots as a reliable and responsible provider of stock photograph and image services; and
1.3. encouraging the responsible use of the stock photographs and images and discouraging any degrading, libelous or illegal uses.
Consequently, Simple Stock Shots expects you, and all other users of the Simple Stock Shots website, photographs and images, to use them with courtesy and responsibility.
Violation of these usage guidelines is strictly prohibited and may result in the immediate termination of your access rights to our website, photographs and images. You remain solely liable and responsible for your use of the Simple Stock Shots website photographs and images and any and all content that you display, upload, download or transmit through the use of this website.
Indirect or attempted violations of these usage guidelines, and actual or attempted violations by a third party on your behalf, are deemed to be violations of these usage guidelines by you.
2. ILLEGAL OR HARMFUL USE
You may use the Simple Stock Shots website, photographs and images only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited.
Simple Stock Shots reserves the right, at its sole discretion, to restrict or prohibit any and all uses of the Simple Stock Shots website or content and to remove any materials from its servers as it considers at its sole discretion to be harmful to its servers, systems, network, reputation, good will, other Simple Stock Shots customers, or any third party. Examples of such material include, without limitation, any material that falls within the following categories:
Infringement
Material which is an infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials
Material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Harmful Content
Material which constitutes the dissemination or hosting of harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct
The furnishing of false data on any signup forms, contracts or online applications or registrations, or the fraudulent use of any information obtained through the use of the Simple Stock Shots website, including, without limitation, the use of credit card numbers.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of Simple Stock Shots' or any third party's server, system or network security through the use of the Simple Stock Shots website are prohibited, and may result in criminal and civil liability. Simple Stock Shots may, at its sole discretion, investigate incidents involving such violations. Simple Stock Shots may involve and cooperate with any law enforcement agency if a criminal violation is reasonably suspected. Examples of server, system or network security violations include, without limitation, the following:
Hacking
Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
Interception
Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional Interference
Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also includes, without limitation, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
Falsification of Origin
Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers.
Avoiding System Restrictions
Using manual or electronic means to avoid any use limitations placed on the Simple Stock Shots website such as timing out.
Failure to Safeguard Accounts
Failing to prevent unauthorized access to accounts, including any account passwords.
4. E-MAIL
You may not use Simple Stock Shots' mail or other servers or another website's mail or other servers to relay e-mail without the express permission of the relevant account holder or the relevant website.
5. COMPLAINTS
Simple Stock Shots aims to provide excellent service and prompt resolution of any grievances.
You should retain all invoices and other documentation from any purchase to assist in any claim you might have. This will also assist us to deal with your grievance.
If you have a complaint about our product or service please email to info@simplestockshots.com clearly describing the circumstances of your complaint.
Simple Stock Shots will respond to your issue as soon as possible after investigating it.
If we are unable to resolve the complaint to your satisfaction within a reasonable time, you may write to the Department or Fair Trading in the appropriate Australian State or Territory.
Disclaimer
By using this website you accept the following conditions:
1. Simple Stock Shots Pty. Ltd. ABN 7 109 828 006 ("Simple Stock Shots") does not warrant the completeness or accuracy of any of the information contained on or accessed through this website and makes no representations about its suitability for any particular purpose. Users should make their own judgments about these matters.
2. To the extent permitted by law, Simple Stock Shots excludes all liability for loss or damage (whether direct or indirect) arising from the use of, or reliance on the information, photographs or images contained on or accessed through this website, whether or not caused by any negligence on the part of Simple Stock Shots or its suppliers, sub-contractors, customers or agents.
3. Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through this website either as a result of hacking or material placed on linked websites. Simple Stock Shots does not warrant the suitability of the information accessible for viewing by minors or any other person.
4. You assume all risks associated with use of this website including, without limitation:
4.1 the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the website or your access to it; or
4.2 the risk that the content of this website and linked websites complies with the laws of any country outside Australia.
5. Your use of this website may be logged for the purposes of security and usage monitoring.
6. Unauthorised use of this website could result in criminal prosecution.
7. This website is hosted on a web server in Australia. These terms are governed by the law in the force in the State of Victoria in the Commonwealth of Australia and any dispute about these terms or the contents of this website are subject to the exclusive jurisdiction of the courts of the State of Victoria and the courts of appeal from them.
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Privacy
At Simple Stock Shots, we respect your privacy and we protect the privacy of those who visit our website. We also want to make your visit a pleasant one and we place great value on customer service. These principles underpin our privacy policy.
2. In some parts of the website (e.g. the "Registration" and "Purchase" areas), Simple Stock Shots will ask you for personal information, including your email address. The information will only be used for the purposes stated and will not be disclosed, beyond Simple Stock Shots, without your consent.
3. Simple Stock Shots may use your nominated email address for administrative purposes or, if you agree to receive marketing material, Simple Stock Shots may send you marketing material to your nominated email address, otherwise we will not use your e-mail address for any other purpose, and will not disclose it, without your consent.
4. Simple Stock Shots logs the following information for statistical purposes:
4.1 your IP address;
4.2 the date and time of the visit to the website;
4.3 the pages accessed and documents downloaded;
4.4 the type of browser used.
Simple Stock Shots also logs all files and images downloaded from our website to analyse usage and for administrative purposes.
5. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect our logs. Simple Stock Shots, to the extent legally possible, will not release any detailed information from these logs.
6. Your web browser will need to accept cookies to access certain features of the website. Our website makes minimal use of cookies and only uses them to enable more rapid identification of your particular computer and server.
7. The information you provide through the website will be kept secure within Simple Stock Shots. We take reasonable care to ensure that personal or personally identifying information is stored securely. Transmissions sent to or from our website are routinely monitored for quality control and systems administration. Security procedures are in place to ensure that the personal information provided to us is protected from unauthorised access or use. If you have registered on our website, your personal information is password protected to prevent unauthorised access.
We do not store your credit card details on our webserver.
8. Simple Stock Shots does not divulge your personal information to third parties for their commercial use.
9. You can access the personal information Simple Stock Shots holds about you and update it or correct it. To find out what personal information we have about you, or to amend any such information you can email us at info@simplestockshots.com. You can also update your details at any time at our website.
Copyright
All of the material at this website is © Copyright, Simple Stock Shots Pty. Ltd. ABN 77 109 828 06 ("Simple Stock Shots"), 2003 or licensed to Simple Stock Shots by third parties.
The information (but not the photographs and images) at this website may be downloaded onto a disk or printed for your personal use provided that you include this copyright notice on each copy and that you make no alterations to any of the pages and do not use any of the information in any other work or publication whatsoever whether the publication is paper based or electronic. No part of the information may be distributed or copied for any commercial purpose.
Reproduction of part or all of the contents of this website is prohibited, except to the extent permitted in this copyright statement.
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