Royalty Free Image Licensing

The following is a legal agreement between you and Affordable Stock Photography (ASP). If you do not agree in its entirety, do not download or order photos, illustrations or images.

Copyright/Right of Usage
All image content is either owned or licensed to Affordable Stock Photography (NASP) and may only be used within the terms of this agreement. Copyright violations will be aggressively pursued. Right of usage is non-exclusive and non-transferable. Images may not be rented, loaned, sold, given-away or incorporated into a distributable collection. Usage is granted only to the individual or company purchasing such usage rights which is determined by the owner of the credit card used to make the purchase.

Usage Restrictions/Permissible Use
The licensee may use an image multiple times for its projects or those of its clients. The images may be manipulated or altered for use in printing projects, web or electronic presentation media. The images may not be used in a manner that is defamatory, offensive, pornographic or in ways that violate law. All people images are model released and may be used in a context that implies an endorsement of products or services. Images of children may not be used in adult-type material.

Limit of Liability
Neither Affordable Stock Photography, it’s licensers, employees, officers, agents or contributors shall be liable to you for any consequential, incidental, direct, indirect damages or any other damages arising from your use of ASP images whatsoever. This includes any claims by third-parties from which you shall hold ASP harmless from such actions. Images which include people or trademarks, whether recognizable or not are provided on a model release basis. It is the sole responsibility of the user to avoid using such images in a way that defames, insults or violates law.

Guarantee
ASP guarantees your complete and unconditional satisfaction. For any reason, you may request a full refund within seven (7) days of purchase or download. Of course, you must discontinue the use of any image for which you’ve requested of refund.

Legal Venue
This agreement shall be governed by the laws of the State of Victoria, Australia.

Rights Managed Image Licensing

Licence Conditions
By purchasing the image, the purchaser acquires only the rights of use defined below. He does not acquire full
copyright, but only the right of use to the extent as described. Any other rights which may be involved such as the
rights of the persons photographed, rights pertaining to trademarks, design objects, works of art, buildings, etc., must
be clarified and acquired by the purchaser for the purpose for which he proposes to use the image on his own
responsibility. The photographer alone and not ASP is liable for information provided by the photographer
about model release and property release and published on the website of affordable-stock-photography.com.
Substantive and geographical scope of the rights of use:
• With reference to a particular project, the use of the image purchased under the order is permitted for all media
with no limitation as to geographical scope and time (e.g. printed matter, periodicals, web, presentations). Further
licences (rights of illustration) must be secured for use extending beyond the particular project or for other users.
• The onward sale or release of an image to third parties or the transfer of rights is not permitted.
• The purchaser acquires non-exclusive rights of use.
• The images may be used without geographical limitation.
Lapse of the rights of use:
The purchased image must be processed and used within six months of the date of purchase, otherwise the rights of
use granted shall lapse. The time of use is regarded as the date on which the definitive layout is finalised. Use of the
unchanged layout is in principle permitted with no limitation as to time. If no layout has been adopted within six
months or if the layout is altered on expiry of that period, the image or the right of use must be purchased once again.
A number of examples, which are not to be regarded as exhaustive, are set out below:
• Advertisement: time at which the graphic design is finalised. After six months, only the identical master may
continue to be used. If a new master is produced or the old one is altered, the image must be purchased
again.
• Brochure: time at which the graphic design is finalised. After six months an identical new edition may be
printed, but if the content of the brochure is changed, the image must be purchased again.
• Press: time of publication. After six months, the image may no longer be published; a further purchase must
be made.
• Website: time at which the website is completed. After six months, the image may only be used if the
presentation of the website remains unchanged. As soon as the website is redesigned with substantial
changes, the image must be purchased again.
• Presentation: time at which the presentation is completed. If the presentation is substantially changed after
six months, the image must be purchased again
affordable-stock-photography.com is entitled to define the time limitation more precisely for the purchaser in a particular case or to waive such limitation. All such agreements must be made in writing.
Limitations of use
Images purchased on affordable-stock-photography.com may not be used
• for the purpose of unauthorised and punishable actions;
• in a pornographic context;
• in a manner which is demeaning and humiliating for the person(s) illustrated and
• in a manner which is demeaning and harmful to the reputation of the photographer;
• if it may be assumed that the person illustrated may not agree to the planned publication, in which case
specific authorisation must be obtained from the person in question.
• In addition, use is not permitted if it may be assumed that third parties may lay claim to rights in the image
(e.g. moral and personal rights of persons who are illustrated, rights in trademarks, design objects, buildings,
works of art, etc.). In this case, the consent of the owner of the specific rights of use must be obtained.
The images may be modified by the purchaser for his particular use. Changes which distort the original image in such
a way as to cause personal prejudice such as reputational damage to the creator are not allowed, nor are changes
limited or prohibited by further rights (moral and personal rights, trademark law, etc.). In such cases, the specific
authorisation of the owner of the rights must be obtained.
Copyright note
The naming of the creator when the images are used is desirable but not compulsory. If the name of the photographer
is not known, "© affordable-stock-photography.com" may be used, in which case, however, the impression may never be created, either
deliberately or by negligence, that the use of the image or its content is free from the rights of third parties.
3. Other conditions of contract
Delivery conditions: download and nature of the images
The images are delivered via automated download via email to the purchaser's email address which will begin when payment has been made. The purchaser receives the
image with the resolution and data file size indicated in the purchase process. The purchaser undertakes to provide
full and correct information required for ordering and payment. Delivery is made at the risk of the purchaser.
affordable-stock-photography.com cannot accept any liability for technical problems which may occur on the purchaser’s side.
In the event of late delivery, due for example to technical problems, an appropriate period of grace must be granted to
affordable-stock-photography.com in writing. Complaints will only be entertained within seven days of the transaction date, failing which the delivery shall be deemed to have been approved.
Prices
The latest prices published on the website of affordable-stock-photography.com shall apply in all cases. Save where otherwise stated, the prices are quoted exclusive of value added tax and any other statutory charges or levies.
Preview images
Preview images which are delivered by affordable-stock-photography.com free of charge do not include any rights of use. The only exception is use in draft designs with a view to the subsequent purchase of an image.
Exclusion of liability
affordable-stock-photography.com makes all usual and reasonable efforts to safeguard security, in particular the confidentiality of
customer and payment data. Any more far-reaching guarantee on the part of affordable-stock-photography.com is declined. Under no circumstances shall affordable-stock-photography.com be liable for damage caused by the direct or indirect use of the image or the use of this website. Over and above the licence described in section 2, affordable-stock-photography.com accepts no legal or substantive warranty in respect of the moral and personal rights of persons who are illustrated or intellectual property rights in the
identifying marks, transferable assets or real estate illustrated.
Obligation of the purchaser to provide evidence and documentation
Upon first request by affordable-stock-photography.com, the purchaser must document the lawful use of purchased images and present the documents (e.g. voucher copies, screenshots) for inspection. For each instance of unauthorised use or release of
the image, the purchaser must pay a contractual penalty amounting to USD 5,000 to affordable-stock-photography.com. affordable-stock-photography.com reserves the right to assert further claims for damages.
Security and data protection
Customer data may be used for own marketing purposes and also for evaluations for the benefit of the image
suppliers. Customer data shall only be used for other purposes after obtaining the consent of the purchaser.
Applicable law, place of jurisdiction, place of performance
All legal relationships between photographers, customers and visitors to the site of affordable-stock-photography.com shall be governed by and construed exclusively in accordance with Australian law. The place of performance, place for the collection of claims against users of images of affordable-stock-photography.com based outside Australia and the place of jurisdiction for proceedings of all kinds is Melbourne. However, affordable-stock-photography.com also reserves the right to initiate legal proceedings against the contracting partner of affordable-stock-photography.com with a competent court at the place of domicile or the registered office of the contracting partner or with any other competent court.

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