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Licensing

Prezioso Photography Licensing & Conditions of Use

Welcome to Prezioso Photography.

Please read this Licence and Conditions of Use (“agreement”) carefully before you submit an account registration for access to our images.

By submitting the registration form, you are agreeing to be bound by the terms of this agreement. If you disagree with the terms agreement, please do not submit a registration form.

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on our website form the conditions of supply and use of our images and access to our website.

“We”, “Our”, “Us” in the context of this agreement refers to Prezioso Photography ABN 74 787 445 869

“You”, “Your” refers to the Licensee, its successors, assigns, agents and representatives.

Licence
  1. We own all rights in the images and text on this website.
  2. In exchange for your payment, we grant you a non-exclusive, non-transferable right to reproduce the image(s) for the use specified by you (see Meaning of Specific Uses below).
  3. If the use specified by you increases beyond the declared usage or changes such that it would qualify for additional licence fees, you must notify us and pay us the applicable licence fees.
  4. All images reproduced by you must be reproduced with our copyright notice and/or credit line specified by us.
  5. If you omit the copyright notice and/or credit line specified by us, you must pay to us, an additional 50% of the original licence fee.
  6. No image may be reproduced, copied, stored, manipulated, linked, or distributed in any form or by any means, unless licensed to do so, or otherwise permitted by us in writing to do so.
  7. Your standard licence fee does not automatically allow you to store our image(s). This means that after lawfully reproducing the image, you must immediately delete all images from your computer or electronic storage system.
  8. If you wish to store any image after lawfully reproducing that image, you must obtain our agreement to do so. Where we expressly agree to let you store an image during a licensed period, you must, at the end of that licensed period (or earlier termination of the agreement), immediately delete all images from your computer or other electronic storage system.
  9. In the event of any copyright infringement or breach of this agreement, we will be entitled, at our discretion, to exercise any of the following remedies against you, without prejudice to any other rights or remedies available to us:
    1. To charge any additional licence fees and associated expenses. In this regard, we further reserve the right at our absolute discretion, and we are hereby authorised by you, to charge the amount of the additional fee and any associated expenses against your account. Where we exercise our discretion to put these charges against your account, we will first notify you in writing of the nature of the breach and the amount payable.
    2. To commence proceedings against you for breach of contract and any other actions which may arise;
    3. To terminate your account; and/or
    4. We may refuse any dealings with you in the future.
Meaning of Specific Uses

There are 3 types of Specific Uses. They are categorized as follows:

  • One-time editorial use - allows you one-time editorial reproduction rights to our images. If you intend to use any image more than once, you will need to seek a multiple-use licence for those images.
  • Multiple editorial use – allows you reproduce an image more than once but only for the number of times specified by you.
  • Commercial Use – images for commercial, advertising or promotional purposes are also available for purchase from our website. Alternatively, images may be shot to your exact specifications. If you would like to purchase images for commercial use, please contact us and we will be delighted to discuss your specific requirements with you.
Images are not model released

All images supplied are owned by us and are not model released. You shall have full responsibility for obtaining any model release (permission from athlete or sporting organisation) on any images being used for commercial, advertising or promotional purposes.

No representation about accuracy of content

We make no representation, and give no warranty, express or implied, about the accuracy of the information or images contained on our website.

Limitation of liability

To the maximum extent permitted by law, you acknowledge and agree that we are under no liability to you or any third party in relation to any loss or damage, including consequential loss or damage, however caused, whether by negligence or otherwise, which may be suffered or arise as a result of, the use of our website, or any content on our website.

Nothing in these terms excludes, restricts, modifies any condition, warranty, right or remedy which is conferred on you by law. Where any law implies any condition or warranty into these terms of use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will, at our option, be limited to the re-supply of the relevant service or the payment of the cost of having that service re-supplied.

Website Copyright

Unless otherwise stated, we reserve all copyright in the content and design of our website. We own all such copyright or we use it under licence or applicable law.

You may view our website and its content using your web browser and make a temporary copy of all or part of our website for your personal use only.

Trade marks

Our website contains trade marks, including but not limited to the word ‘Prezioso', and the “Prezioso Photography” logo. You must not use any of our trade marks without obtaining our prior written consent.

Privacy

We will collect and use personal information in accordance with our privacy policy .

Applicable law

This agreement is governed by Australian law.