1. Operation of Terms
(a) This service is provided by Ecology By Design, ABN 83 279 356 227 through the Auswildlife.com website.
(b) By purchasing the rights to use an Image through this website www.auswildlife.com, you are deemed to accept these Terms and Conditions.
(c) Licence Fees may be paid for by credit card or other payment service provided for in the Website, according to the terms of the relevant financial institution.
(d) Ecology By Design will provide you with a url via email, to enable access to the purchased Image/Images. This must not be disclosed to any third party. The link will remain active for 72 hours only.
(e) If you breach any material term of these terms and conditions, we may terminate our agreement with you with or without written notice to you.
(f) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and Conditions and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to Ecology By Design for any breaches of these Terms and Conditions.
(g) Each purchase is for use in relation to one product, publication or project only.
(h) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may contact Ecology By Design via the website on their own account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies for the purpose of exercising the rights granted to you under licence.
2. Grant of Rights
(a) Ecology By Design grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image purchased.
(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.
(c) You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify Ecology By Design(by email to bruce@auswildlife.com) If you become aware of any unauthorised use.
3. Prohibited Uses
(a) No image may be used in connection with:
(i) pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; or
(ii) advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.
(b) You must not use the image in a manner which:
(i) is obscene, disrespectful or defamatory to any person in or linked to the image, or is likely to bring any person or property featured in the Image into disrepute;
(ii) falsely implies that the creator of the Image, or the persons or property appearing in the Image (if any) uses or personally endorses any business, product, political party, service, cause, association or other endeavour;
(iii) (where children are depicted) may be inappropriate;
(iv) violates or infringes the copyright or other intellectual property or other rights of any person or entity;
(v) treats the Image in a derogatory manner; or
(vi) which is contrary to any law or regulation.
(c) Images must not be used in, or as, a trade mark, service mark, logo or other indicator of origin.
(d) Images must not be posted online in downloadable format or otherwise such as to enable an Image to be distributed or shared in any peer-to-peer or similar file sharing arrangement.
4. Credits
(a) You must not falsely represent or imply that the Image was created, or is owned by, you or any other person other than the copyright owner (Bruce Thomson).
(b) You must not remove any notice of copyright, watermark, trademark or other intellectual property right, or other information that may appear on, embedded in, or in connection with the Image as downloaded.
(c) If and where commercially reasonable, your use of an Image should be accompanied by a credit in the following form:
“Image(s) © [2019 Bruce Thomson], used under license from Auswildlife.com” If other stock content used by you is afforded credit, the Image supplied by Auswildlife.com must receive an equally prominent credit.
5. Warranties, Disclaimers and Liability Limitations
(a) Ecology By Design warrants that:
(i) it has secured the rights from the creators of the Image, to grant you the rights specified in the Licence you have purchased; (ii) the Image does not, to the best of Ecology By Design’s knowledge, breach any law or regulation or infringe the rights of any third party;
(ii) the creator of the Image has provided Ecology By Design with a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);
(iii) the Image is not, to the best of Ecology By Design’s knowledge subject to any claim or complaint from any third party; and
(iv) no fees, residuals or royalties will be payable by you to the creator of the Image in respect of your use of the Image, except as expressly notified to you at the time of purchase.
(b) Except as set out in clause 5(a) and subject to warranties which may not be excluded under Australian consumer law, Images are provided ‘as is’ without warranty of any kind. In particular, you acknowledge that Images may contain elements such as: trade or service marks; copyright works or subject matter; confidential information; or designs, that may require further clearance, which will be your sole responsibility to obtain.
(c) Ecology By Design will endeavour to ensure that information provided in respect of each Image is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
(d) You will release from, and indemnify and hold Ecology By Design, its officers, employees, shareholders, directors, managers, members and Image creators, harmless against any damages or liability of any kind arising from:
(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;
(ii) the combination of the Image with any other work(s); and/or
(iii) the context in which the Image has been used.
(e) You agree that, subject to requirements imposed by Australian consumer law:
(i) Ecology By Design will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if Ecology By Design has been advised of the possibility of such damages, costs or losses;
(ii) Ecology By Design shall be under no obligation to issue refunds under any circumstances. In the event that Ecology By Design determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase; and
(iii) the liability of Ecology By Design for any claim made in connection with an Image or these Terms and Conditions will be capped at the lower of: (A) such monies as Ecology By Design is able to recover from the creator who supplied the Image to Ecology By Design; and (B) AUD$2000.
6. Returns
Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to bruce@auswildlife.com. If the request is approved, Ecology By Design will issue a refund to your credit card. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.
7. General
(a) These terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. Ecology By Design may update these terms from time to time by written notice to you.
(b) This Agreement will be governed by and construed in accordance with the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.
