Terms and conditions for paid or free images. (Full version)
The following is a legal agreement between you and Wendy Philip Photography (WPP). Please read this agreement carefully before purchasing or downloading for free any photograph. By purchasing or taking for free any photograph, you agree to be bound by the terms of this agreement.
All photographs are copyrighted. Wendy Philip Photography own all rights to the photographs. All rights are reserved by WPP unless otherwise granted to you in writing. Your rights to use the photographs are subject to this agreement and are conditional upon your payment for the photographs to WPP. If at any time your account becomes delinquent or payment is delayed, you relinquish all rights to all photographs you have received until all payments and interest are made.
By this Agreement, WPP grants you a personal, non-exclusive, non-transferable, right to use and reproduce photographs in the following ways as outlined below:
- On web sites, multimedia presentations, and broadcast film and video.
- In magazines, newspapers, books, eBooks, pamphlets, brochures, catalogues, book covers, textbooks, editorials. CD/DVD cover art, and advertising. In connection with your business identity on letterhead, posters, brochures, or business cards. If you plan on using photographs for client work, you must keep accurate and detailed records of which clients you have used photographs for.
You agree to indemnify and hold WPP, its employees, directors, and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this Agreement.
Neither WPP or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs.
This Agreement shall be governed by the laws of Australia.
WPP makes no representations or warranties whatsoever as to the legality or validity of any release associated with a photograph.
WPP makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any photograph have been secured by you.
You may NOT:
- Use a photograph other than as specified and outlined in the preceding section.
- Use a photograph with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
- Use a photograph in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive - this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
- Resell any photograph.
- Share a photograph by providing access to shared disk drives or network.
- Use WPP photographs to compete with WPP or its products. This includes, by way of illustration, not by way of limitation, displaying photographs in any format (including thumbnails) for download on a website. Offering WPP photographs for sale, or including WPP photographs in templates for sale. You may not, for example, create an entire greeting card line based on WPP photographs - or use our photographs as the basis for a large collection of objects for sale.
- Use the photograph in a website template that you plan to sell or transfer to others.
- Use any photograph as part of a trademark or patent image.
- Use any photograph as part of a logo.
- Produce printed reproductions of any photograph on canvas or paper to be sold.
Please note that at no time do you own the image being licensed. “Non-transferable” as used herein means that except as provided in these terms, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the photographs or the right to use the photographs. In addition, the work you produce with the photographs must be used for your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any photographs. This may include invisibly watermarking the photograph and identifying that WPP owns the image on the document you intend to use the photograph.
Wendy Philip Photography,
You are free:
- Remix - to adapt the work.
- Commercial - to use this work for commercial purposes.
- Accompany - the photos with other content.
Under the following conditions:
- Stand alone basis - You cannot sell, license, sublicense, rent, transfer or distribute this image exactly as it is without alteration,
- OR -
- If you don't alter the image and leave it exactly as it is, then you must credit the photographer to use it. ( Suggested credit by-line: Photo by Wendy Philip Photography.)
- Ownership - You may not claim ownership of this image in its original state.
This is the human readable version of terms and conditions for downloading images. Click here for full version.
Please note that the colours you see on your monitor may differ slightly from those of the print you have ordered, this is due to variations in print settings.
If you would like a print that is not listed please use my contact form to let us know of your request.
(ABN 20 102 765 770 for your tax purposes.)