Licensing

All the photos and texts in this web site are copyright to the photographers and The Tribe Press Agency. All the material is available for licensing. Our photographers are also available for assignments.

Standard License Agreement
By selecting the correct box at the end of this Agreement and selecting “I Agree” or otherwise signifying your acceptance, you accept this Agreement and agree to be bound by its provisions. If you are accepting on behalf of your employer, client or other entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer, client or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Content.

In this Agreement: “you” means you or, if you are accepting on behalf of your employer, client or member account entity, then “you” means that employer, client or entity; “TheTPA & The TPA/Stockphoto” or “we” means The Tribe Press Agency & The Tribe Press Agency/stockphoto; and “Content” means any photographic image, flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.

By ordering or downloading photos or words from this site you or the employer or other entity on whose behalf you are acting is entering a legal agreement with The Tribe Press Agency & The Tribe Press Agency/stockphoto (TheTPA & The TPA/Stockphoto). Please read this agreement carefully before purchasing any Image from The Tribe Press Agency or The Tribe Press Agency/stockphoto.

All photographs and images are copyrighted. TheTPA & The TPA/Stockphoto reserves all rights. Your rights to use our images and photographs are subject to this agreement.

STANDARD LICENSE

This agreement grants you a non-exclusive, non-transferable royalty free right to use and reproduce purchased images in the following ways, subject to limitations set forth herein and in Part II of this Agreement:

On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;

As toolbar skins, screensavers and mobile phone “wallpaper” for your own personal, non-commercial use, not for resale, download or distribution;

As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;

As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold;

In unsolicited and / or opt-in email marketing. However, Content cannot be used in connection with unsolicited email – or linked from unsolicited email and no Content may be reproduced or used more than 250,000 times;

On letterhead and business cards, pamphlets, brochures, catalogues and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than 250,000 times in the aggregate;

In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software and further provided that the manufacturing or duplication run(s)of such software (including downloads of such software) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers;

In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books, book covers, textbooks, editorials and directories does not exceed two hundred fifty thousand (500,000) copies in the aggregate;

In eBooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than two hundred fifty thousand (250,000) in the aggregate; and

As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and further provided that the print or manufacturing run(s) of such posters does not exceed two hundred fifty thousand (250,000) copies in the aggregate.

LIMITATIONS AND RESTRICTIONS

YOU MAY NOT use a Content other than as specified in the Standard Licence definition.

Except as expressly provided in in the Standard Licence definition above, directly or indirectly copy or reproduce any Content (in whole or in part) more than two hundred fifty thousand (250,000) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Content on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.

Use or display any Content on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Content including postcards, mugs, t-shirts, posters, wallpaper, artwork and other items.

Use a Content together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.

Use a Content in a way that places any person depicted in the Content in a bad light or in a way that they may find offensive – this includes, but is not limited to the use of Content: 1) in pornography, “adult videos” or the like; 2) in ads for tobacco products; 3) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; 4) in connection with political endorsements; 5) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use a Content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

Resell, redistribute or transfer any Content except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the Content and could result in the termination of your rights under this agreement.

Share a Content by providing access to such Content on shared disk drives, computer networks, intranets of any nature or otherwise.

You may not create a digital or print greeting cards based on TheTPA & The TPA/Stockphoto Content – or use Content as the basis for any individual or collection of physical or digital objects which you then offer for sale. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Content. If you wish to use a Content in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights.

Use a Content that contains recognizable images of people or subjects trademarked, owned or copyrighted by third-parties for commercial purposes. If an Image contains such subjects, additional permissions may be required for commercial use. TheTPA & The TPA/Stockphoto does not provide such permissions.

Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

Use or display an Content in such a manner that gives the impression that the ontent was created by you or a person other than the copyright holder of that Content.

Represent yourself as an agent, employee, designee, or affiliate of TheTPA & The TPA/Stockphoto for any purpose.

“Non-transferable” as used herein means that except as specifically provided in this Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Content or the right to use the Content. You may however, transfer Content to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Content subject to these terms and conditions. In addition, the work you produce with the Content must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.

If you plan on using or do use Content as part of work for a client or customer, you must keep accurate and detailed records of the use of each Content.

You agree to indemnify and hold TheTPA & The TPA/Stockphoto, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by this Agreement. You further agree to indemnify TheTPA & The TPA/Stockphoto for all costs and expenses that TheTPA & The TPA/Stockphoto may incur in the event that you breach any of the terms of this or any other agreement with TheTPA & The TPA/Stockphoto.

Neither TheTPA & The TPA/Stockphoto nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use TheTPA & The TPA/Stockphoto website or any Content

Laws of Australia shall govern this Agreement.

TPA & The TPA/Stockphoto makes no representations or warranties whatsoever as to the legality or validity of any release associated with Content or with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any Image.

You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any Content under this agreement.

If you wish to alter any of the limitations listed above please contact us for an Advanced License

To obtain current rates and conditions of use please contact us.

We are members of Viscopy Copyright Agency

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http://www.copyright.com.au/

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