Standard Image License Agreement
The following is a legal agreement between the copyright holder and photographer (“Ben Assado”) and you or the employer or other entity on whose behalf you are entering into this agreement (“Customer”). “Image(s)” means photograph(s) downloaded from greatbarrierphotography.com. or greatbarrierphotography.nz.
By purchasing any Image(s) via the digital download option, you agree that this STANDARD IMAGE LICENSE controls your rights and obligations with respect to using the Image(s). Please request an ENHANCED IMAGE LICENSE if your use of Image(s) does not meet the STANDARD IMAGE LICENSE rights and obligations.
Standard Image License Terms
Ben Assado grants the Customer a non-exclusive, non-transferable perpetual STANDARD IMAGE LICENSE
authorizing one natural person to download the Image once, store and the Customer to use the Image(s) as:
A digital reproduction, including in social media, on websites, in online advertising, in mobile advertising, in mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs) provided your audience such as but not limited to website visitors is less than 1000 natural people per day, and provided your audience such as but not limited to social media followers, online subscribers, software or “app” users is less than a total of 25000;
In printed, physical form in the advertising and copy of tangible media (magazines, books, newspaper, flyer, brochures) provided no image is reproduced more than 500 times in the aggregate;
For your own personal, non-commercial use (not for resale, relicense, distribution, download, or any commercial use of any kind).
YOU MAY NOT:
Use Image(s) other than as expressly provided by the STANDARD IMAGE LICENSE you purchased with respect to Image(s). Use any Image(s) a) in a way that a reasonable person would find offensive, b) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; Use any Image(s) in a defamatory or deceptive context, or in a manner that could be considered immoral, libelous, obscene, or illegal.
Sell the printed, physical form of the Image(s) as but not limited to postcards, photographic prints, fine-art prints. Resell, redistribute, relicense, provide access to, share or transfer any Image(s) (except as specifically provided in the STANDARD IMAGE LICENSE). For example but not by way of limitation, you may not display Image(s) as, or as part of, a “gallery” of content through which third parties may search and select from such content.
Use Image(s) in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Use any Image(s) (in whole or in part) as a trademark, logo, service mark, or other indication of origin, or as part thereof. Falsely represent, expressly or by way of reasonable implication, that any Image(s) was created by you or a person other than Ben Assado.
CREDIT AND COPYRIGHT NOTICES
The commercial use of Image(s) in digital and printed, physical form shall be accompanied by an adjacent credit in substantially the following form:
“Photographer: Ben Assado”
The personal use of Image(s) in digital form shall be accompanied by an adjacent credit in substantially the following form:
“Photographer: Ben Assado”
In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
Copyright and Ownership of Image(s)
The ownership, copyright and all rights, whether detailed or not in this agreement, now and in the future, of and for the Image(s) remain exclusively with Ben Assado.
Warranties and Liability
Ben Assado warrants that all Image(s) available as digital downloads on greatbarrierphotography.com were photographed by him and that he is the owner of the Image(s). Ben Assado MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER OTHER THAN THAT EXPRESSLY MADE IN THIS “WARRANTIES” SECTION. The Image(s) is provided “as is” with no warranty regarding the suitability of the Image(s) for any purpose. Ben Assado will not indemnify and is not liable to the Customer or any person or entity for damages, costs or losses stemming from downloading Image(s) and any usage of Image(s).
The Customer indemnifies and holds harmless Ben Assado against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the Image(s), the Customer’s failure to abide by any restriction regarding the use of the Image(s), or any claim by a third party related to the use of the Image(s).