Digital Image License
Read these terms and conditions carefully before using or purchasing the Digital Image/s from Benjamin Baker Photography. By using or purchasing the Digital images from Benjamin Baker Photography, you agree to be bound by the terms and conditions of this agreement. If you do not accept the terms and conditions in this agreement, do not use or purchase the digital image/s from the seller.
In Consideration of Benjamin Baker Photography Providing the Digital Image/s to the buyer and the buyer paying Benjamin Baker Photography the Purchase Price, and other valuable considerations, the receipt and sufficiency of which considerations is hereby acknowledged, the Parties agree as follows:
License
All images are property of Benjamin Baker Photography and are copyrighted by law. None of them can be copied, used, or published for commercial purposes without Benjamin Baker Photography’s clear permission to do so. Benjamin Baker Photography reserves the right to use all of Client’s images on website, blogs, or any other related marketing material only if a Press Release Form has been signed.
Permitted Use
The Buyer shall only use the Digital Image/s in accordance with this Agreement.
Clients Usage
Client shall only use the digital files in accordance with the permissions within this agreement. The Client’s digital files are for personal use only OR in accordance with an expressly written licensing agreement negotiated between Client and Benjamin Baker Photography. Digital files shall not be submitted to contests, reproduced for commercial use without prior consent by Benjamin Baker Photography, or reproduced in any way by parties other than Benjamin Baker Photography.
Benjamin Baker Photography grants the Client a non-exclusive, non-transferable, perpetual, personal-use license to reproduce Digital Images via print or other physical media only for non-commercial use, including but not limited to reprints, enlargements, gifts to family and friends, slide shows, and web pages. Commercial-Use Clients shall only use the digital files in accordance with the expressly written licensing agreement negotiated between Client and Photographer prior to use.
Social Media
The Buyer may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. All images posted on social media may require a direct link or credit towards Benjamin Baker Photography if required by Contract. Buyer shall not copy, screen shot, or capture the photographs in any other fashion. Buyer also shall not significantly crop, edit, or add filters to any photographs.
Permitted Uses –
Personal, Non-Commercial Use
Display on personal websites and computers
Making image prints or other physical media for personal use.
Commercial Use
Promotion via website and social media as per written contract between Client and Benjamin Baker Photography
Other promotional content with express written permission from Benjamin Baker Photography
Prohibited Uses
The Client may not:
Resell, relicense, sub-license, redistribute without express written permission from the Benjamin Baker Photography.
Use the Media in a obscene, illegal, immoral, libelous, or defamatory manner
Incorporate the Media into trademarks, logos, or service marks without express written permission from the Photographer
Neither Benjamin Baker nor Benjamin Baker Photography’s vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or Buyer’s use of the Media.
Intellectual Property Rights
Benjamin Baker Photography retains all intellectual rights in the Digital Image/s, including the sole copyrights to the digital image/s. Nothing In this Agreement shall operate to transfer, assign or otherwise grant any right or interest in the Seller’s intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the Digital Image/s.
Export Laws
In order to purchase a License for the Digital Image/s, the Buyer must be in compliance with applicable laws. The Buyer shall not ship, transfer or export the Digital image/s to any country in a manner prohibited by the laws of Australia or use it in any manner prohibited by the laws of Australia.
Governing Laws
This Agreement will be governed by and construed in accordance with the laws of Australia, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the court of Queensland to bring any actions or for the enforcement of this Agreement. Notwithstanding, Seller reserves the rights to commence legal action obtain injunctive relief in any court of competent jurisdiction.
Agreement of Parties
This Agreement constitutes the entire agreement between Benjamin Baker Photography and the seller with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise. The provisions contained in this Agreement cannot be changed except by the signed and delivered consent of both Parties.
General Provisions
Heading are inserted for the convenience only and are not be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine means and include the feminine and vice versa. All monetary amounts are refered to in Australian Dollar (AUD).
