General License Overview
The following are general guidelines, it is important that you read the legal license
agreement before ordering or downloading your images.
You May:
- Only use and duplicate the image as specified by your license.
- You may modify the image for your specific chosen use.
- Use layout images (at no charge under the Images for Layout Agreement) to produce
materials for rough drafts or layouts for client review.
You May Not:
- Use this image for purposes other than those stated in your license.
- Use images in ways that are pornographic, libellous, defamatory, infringing, or obscene.
- Place the images on-line in a downloadable or FTP format.
- Make images available separate from your project or web site use.
Please carefully read the full text of your License Agreement. By using the
images you are consenting to the full terms of the license.
Images for Layout Agreement
This is a LEGAL AGREEMENT made between you the user and Kevan Way Photography,
and governs how you may use STOCK by WAY Images.
In CONSIDERATION of Kevan Way Photography allowing you to use this site or by
downloading any image, in the manner permitted by this Agreement, YOU AGREE TO
BECOME BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1.0 You accept that all copyrights and all rights of a proprietary nature
and title to and in the photographic images and data are the property of Kevan Way
Photography. Use conferred in this catalogue and strictly limited by the terms of
this Agreement, does not in any way confer any property copyright or proprietary
rights on you the user.
1.1 STOCKbyWAY grants you a personal, non-assignable, non-transferable,
non-exclusive right to copy the images you have selected onto your computer hard
drive and to use the STOCKbyWAY images for the following limited applications:-
- Layouts and in-house presentations
- Mock-ups for client presentation purposes
1.2 You are not granted any rights to use the images for any advertising,
promotional or editorial use or any other use whatsoever, and you are not granted any
derivative, electronic or digital rights or any other rights whatsoever. A derivative
work is anything sourced from or referenced from a pre-existing image. All rights not
expressly granted above are reserved by STOCKbyWAY without any limitation. Usage of
the image beyond the rights granted in this agreement constitutes wilful copyright
infringement and is punishable to the fullest extent of the law.
1.3 You may not use the photographic images and data in such a way as to alter,
add to, insert, impose or in any other way distort, amend or use the photographic images
or data in any form other than in the form originally contained in this catalogue.
1.4 You agree not to:-
- Use any image in any manner that might be considered defamatory, libellous,
pornographic, fraudulent, infringing or tortious, whether directly or in context
or juxtaposition with specific subject matter or by altering it in anyway.
- Use the image or permit the use of the image in any way that violates the person's
right of privacy or publicity.
- Infringe on any trade name, trademark or service mark or to otherwise use an image
for any unlawful purpose.
- Place the image online in a down-loadable or ftp format.
1.5 The customer acknowledges and agrees that it is only a right to reproduce
images that are being hired by it and that the copyright in such images remains with
STOCKbyWAY. The right to reproduce the photo is personal to the customer and such right
is not assignable by the customer to any third parties. Usage of the images beyond the
usage rights constitutes wilful copyright infringement and is punishable to the fullest
extent of the law.
1.6 The user shall indemnify and keep indemnified Kevan Way Photography from
all and any actions, proceedings, claims, demands, costs including legal costs, awards or
damages arising either directly or indirectly as a result of the use or misuse of the
photographic images and data in this catalogue, and or arising as a result of the breach
of any terms of this Agreement by this user, no matter where such claims, demands or
proceedings arise.
1.7 Digital files are provided "as is". STOCKbyWAY makes no representation or
warranty, either express or implied, included but not limited to any implied warranties
of merchantability, fitness for any particular use, quality of image, or compatibility
with any computer hardware or other equipment, operating system or software program.
1.8 The provisions of this Agreement shall be governed by and construed in
accordance with the laws of Victoria, Australia, whose Courts will be the Courts of
sole jurisdiction in relation to this Agreement.
1.9 Unless we indicate that an image has a model or property release, no such
release exists. STOCKbyWAY gives no representations or warranties with respect to the use
of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art
depicted in any image, and you must satisfy yourself that all necessary rights, consents
or permissions as may be required for reproduction are secured.
2.0 STOCKbyWAY nor any of its directors, employees, affiliates or agents shall
be liable for any damages, whether direct, indirect, consequential or incidental, or other
damages arising out of the use of, or the inability to use, the digital images.
2.1 Under no circumstances will STOCKbyWAY be liable for any damages whatsoever
(including without limitation, damages for loss of business profits, business interruption,
loss of business information, or other pecuniary loss arising out of:-
- The use of or inability to use the images
- The inability to obtain additional rights to the images
even if STOCKbyWAY has been advised of the possibility of such damages. In any event, the
limit of liability of the copyright, shall by the fee paid for the image to STOCKbyWAY
2.2 You agree to provide copyright protection of the image. All digital files of
images must include the STOCKbyWAY image identification number as part of the electronic
file. STOCKbyWAY shall have the exclusive right to pursue any copyright infringement
without regard to the rights granted.
2.3 The Licensee accepts and warrants that use of the photograph images and data
shall not infringe any third party rights, of any nature, and any liability for the
infringement of third party rights, of whatsoever nature, shall rest with the Licensee.
The terms set forth in this website Image Usage Rights Agreement represent our entire
agreement concerning your review and layout use of images. No terms or conditions may be
added unless made in writing and signed by both of us. No action of ours, other than an
express written waiver, may be construed as a waiver of any part of this agreement. in the
event we waive any specific part of this agreement, it does not mean we waive any other
part.
If you have any queries or problems with the terms of this agreement, contact Kevan Way
Photography before using any images.
