Image Usage Rights Agreement
Do not assume that any intended use of an image is available. Before the right to
reproduce an image can be given you must advise STOCKbyWAY of the specific details of
your intended use.
STOCKbyWAY may advise that any intended use is not available and where given such
advice serves to terminate this agreement without commencement.
STOCKbyWAY will provide a price for the intended use either by way of a quotation
or by invoice. In either case such quotation and/or invoice will then form a part of
this agreement.
Upon timely paying our Invoice, STOCKbyWAY grants you the right to use the Images
according to the rights specified on that Invoice. Our Invoice will set forth the order
details and other conditions of use. All rights not expressly granted to you are reserved
by STOCKbyWAY without limitation. ONLY AFTER YOU PAY OUR INVOICE MAY YOU USE AN IMAGE,
and then only in accordance with the Invoice terms. You may not REPUBLISH or TRANSMIT any
Images on any DATABASE without STOCKbyWAY's prior written consent.
All rights are non-exclusive unless specifically negotiated with STOCKbyWAY and stated
in writing on the front of the Invoice.
STOCKbyWAY reserves the right to charge a fee of 50% over and above the reproduction
fee where photographer's credits are not given for editorial reproduction
All images submitted have been delivered by STOCKbyWAY to the customer by
hand/registered mail/courier. The customer or their representative is required to check
the images and acknowledge receipt at the time of delivery. Unless any discrepancy is
immediately notified to STOCKbyWAY all images listed shall be deemed to have been actually
received by the customer.
The customer acknowledges that prior to any agreement for reproduction of the images
coming into existence:-
- They have been afforded a reasonable opportunity to inspect or cause to be inspected
by experts the digital images
- They have satisfied themselves by such inspection as to nature and quality of the
images and as to their fitness for their intended purposes and uses
- They have not in any way relied nor is it reasonable for the customer to rely upon
the judgment of STOCKbyWAY as to the suitability and fitness of the images for their
intended purposes and uses
STOCKbyWAY images are provided with the understanding that no model releases and property
releases exist unless otherwise stated.
STOCKbyWAY may accept a written request for cancellation of a permission to reproduce an
image if made within 5 days of invoice date. If a request for cancellation of an invoice is
made within 30 days STOCKbyWAY may impose a cancellation charge of half of the reproduction
fees. In either case the customer must provide a written warranty that no such use was in
fact made, and that all copies of the image in their possession have been destroyed.
Digital images may be retained until the date of the conclusion of the license period
as shown on the Invoice. Unless this period is extended in writing, you must delete the
images from all electronic and removable media and destroy any other copy of the images,
except as licensed under this Agreement. STOCKbyWAY‘s Image identification number must be
retained with the digital images while you retain them.
STOCKbyWAY reserves the right to charge a search fee where no images selected and submitted
to the customer are reproduced or where the reproduction fee is less than $1000.00
The governing law of this agreement is and always shall be the law in force in Victoria,
Australia and each party shall at all times submit to the jurisdiction of such court.
The rights contained in this agreement will terminate automatically without notice if you
fail to comply with any provision of this agreement. Upon termination, you must immediately:
- Stop using the image
- Delete the image and all copies from all electronic and or magnetic media and destroy
all other copies of the image
- Upon request of STOCKbyWAY, return all such copies to STOCKbyWAY
