Terms and Conditions
ATLAS IMAGES CUSTOMER AGREEMENT
"Footage" includes any moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format that are available for license from the Atlas Images website www.atlasimages.com.au.
"Image(s)" means photographs, vectors, drawings and the like available for license from the Atlas Images website www.atlasimages.com.au.
"Visual Content" refers collectively to Images and Footage.
The following Terms and Conditions ("TAC") constitutes an agreement between the Customer and Atlas Images setting forth the rights and obligations with respect to any Visual Content licensed by you. By agreeing to the TAC, you agree that these conditions control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TAC when you purchase any Visual Content.
Rights Definitions for sale of Visual Content:
Non-exclusive, Single use, royalty-free licence for the following:
Print: reproduction, distribution and communication of the image for the purposes of advertising, promotion, presentations, catalogues, brochures and promotional postcards, limit of 100,000 copies.
Digital uses: Online advertising, websites, Social Media, Mobile Advertising, Mobile “Apps”, Software, E-Publications (e-books, e-magazines, blogs, etc.), and Online Media.
Editorial: For use in content as a visual reference to illustrate text.
Personal non-commercial uses.
Film and Television: Image may be modified, cropped, resized, and combined with other works for the development of clips, movie scenes, and other film and television requirements.
Print copies limited to 100,000. Online use unlimited.
No application to products for resale (hard-copies or digital).
Each of the following Additional Licences is available for purchase in addition to single use Basic Licence:
- Unlimited print copies.
- For use across multiple projects by a single organisation.
- Use of Image on packaging of goods for sale or commercial distribution, for period of two years from first usage.
Note Basic and Additional Licences subject to Terms and Conditions:
Including usage restrictions, disclaimers and liability caps. Your use of the Image must be ‘transformative’ – combining the Image with text and other images to create something new. Images must not be reproduced for resale or distribution where the main value of the product lies in the Image itself, for example, mugs, t-shirts, posters, greeting cards, posters or other merchandise, or any “print on demand” service. If your intended use of an Image is not covered by the Basic or Extended Image licenses please contact our Customer Service email@example.com and discuss a custom licence.
General Terms and Conditions:
1. Operation of Terms
- This service is provided by Atlas Images Pty Ltd, ABN 72 617 224 512 (“Atlas Images”)
- By purchasing a Basic Licence and (if applicable) any Additional Licences (“Licence”) to exploit an Image by means of this website www.atlasimages.com.au (or other URL or platform operated by Atlas Images), you are deemed to accept these Terms and Conditions “TAC”.
- 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.
- Atlas Images may provide you with a password to enable access to the Images. This must be kept in a secure place, and must not be disclosed to any third party.
- 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.
- 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 Atlas Images for any breaches of these Terms and Conditions.
- Each licence is for use in relation to one product, publication or project only.
- 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 purchase a Licence 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 a Licence.
- If you use any Visual Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Atlas Images, upon Atlas Images's reasonable request.
2. Grant of Rights
- Atlas Images grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.
- 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.
- You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify Atlas Images (by email to firstname.lastname@example.org) If you become aware of any unauthorised use.
3. Prohibited Uses
No image may be used in connection with or in a manner which:
- 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;
- Advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.
- Violates or infringes the copyright or other intellectual property or other rights of any person or entity;
- Treats the Image in a derogatory manner; or which is contrary to any law or regulation.
- Images must not be used in, or as, a trade mark, service mark, logo or other indicator of origin.
- 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.
- Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- 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 (as notified by Atlas Images).
- 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.
- If and where commercially reasonable, your use of an Image should be accompanied by a credit in the following form:
“Image(s) © [year owner], used under license from Atlas Images” If other stock content used by you is afforded credit, the Image supplied by Atlas Images must receive an equally prominent credit.
5. Warranties, Disclaimers and Liability Limitations
Atlas Images warrants that:
- 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 Atlas Images’s knowledge breach any law or regulation or infringe the rights of any third party;
- The creator of the Image has provided Atlas Images 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);
- The Image is not, to the best of Atlas Images’s knowledge subject to any claim or complaint from any third party; and 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.
- 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.
- Atlas Images 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.
- You will release from and indemnify and hold Atlas Images, its officers, employees, shareholders, directors, managers, members and Image creators, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you; the combination of the Image with any other work(s); and/or the context in which the Image has been used.
- You agree that, subject to requirements imposed by Australian consumer law, Atlas Images will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if Atlas Images has been advised of the possibility of such damages, costs or losses; and that Atlas Images shall be under no obligation to issue refunds under any circumstances. In the event that Atlas Images 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 the liability of Atlas Images for any claim made in connection with an Image or these Terms and Conditions will be capped at the lower of such monies as Atlas Images is able to recover from the creator who supplied the Image to Atlas Images and AUD $2000.
- Atlas Images shall not be liable for any damages, costs or losses arising as a result of modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
- Atlas Images does not warrant that the Visual Content, Atlas Images websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with you.
Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to email@example.com. If the request is approved, Atlas Images 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. Third Party Claims
Please note that for your security Atlas Images requires all photographers contributing Images to our site to warrant that they own all rights in the Images they provide, and that the Images are free from any third party claim or liability.
However in the unlikely event that an issue arises due to a contributor providing an incorrect warranty (or for any other reason) Atlas Images may need to take action to mitigate liability. This may include sending you a notice requesting you to cease or limit use of the image you have licensed from the site. In this event, you agree that you will use best endeavours to comply with any such notice provided by Atlas Images. Atlas Images will work with you to arrange for the provision of a replacement Image free of charge.
These terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. Atlas Images may update these terms from time to time by written notice to you. This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.