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Site Usage Agreement
By using sportingphotos.com.au and/or downloading any material, you agree to all terms & conditions by this agreement. This agreement applies to you and, if you are using this web site on your client’s behalf, to you and all your clients. sportingphotos.com.au reserve the right to change this agreement at any time without further notice. sportingphotos.com.au reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of sportingphotos.com.au will be subject to the most current version posted on the site at the time of your use. By using this site or downloading or using any images listed under the sportingphotos.com.au and it’s sister domains you agree to be bound by this Agreement. Should you disagree with anything stated here discontinue your use of the site and erase all data you have downloaded.

 

Use of this site
This site is owned and operated by Steven Dowden of sportingphotos.com.au. All images and related informational materials in any medium provided by sportingphotos.com.au hereunder, including related text, captions, or information (collectively referred to as Images) are owned by sportingphotos.com.au and by our image providers (photographers), members of our community. All Images are protected by Australian and international copyright laws.

This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). sportingphotos.com.au allows you to search for, view, and use Watermarked Images only as permitted below.
sportingphotos.com.au may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law.

sportingphotos.com.au may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from sportingphotos.com.au.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by sportingphotos.com.au or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsellors.

sportingphotos.com.au makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Australian and international market. While the responsibility for the images uploaded is entirely on the photographer’s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.

If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

 

Under 18
Persons under the age of 18 are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

 

Use of Watermarked/Twitter/Facebook/Instagram/Google Plus Images (Listed as “Social Media Images”)
sportingphotos.com.au must be informed before any sharing of any Social Media Images. This could be by email or phone. Failure to do so may result in a take down notice and/or legal action taken against those in breach. This is for personal use only and must not be copy & pasted onto any website or publication. If you wish to use any image for a webiste or publication you must buy the rights to that image via https://sportingphotos.com.au/.

 

Editorial License:
Editorial Images can be downloaded under the Editorial License of our site can be used once within editorial context.

The high-resolution images (240DPI/Jpeg) that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Downloading the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable. You must provide a link back to sportingphotos.com.au and all photographic credits must go to the photographer.

 

Advertising License:
Images downloaded under the Advertising License of our site can be used once within advertising context.

The high-resolution images that you download with the Advertising license may be used in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

 

Additional requirements:

Images included within the editorial section may include visible logos, or identifiable persons who didn’t sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

 

Additional requirements for contributors:
Please note that editorial images are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lens, will not be tolerated. Cropping an image and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial images.
You hereby agree that the image submitted to sportingphotos.com.au is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the image is produced and your activities will indemnify sportingphotos.com.au harmless of any claims from you or any third parties involved within the shooting.
If a Model Release is available from the photographer, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers’ and models’ privacy.
This is an additional license to the rights included within the regular Royalty-Free license.

 

Unauthorised Use
Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle sportingphotos.com.au to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of sportingphotos.com.au’s rights or remedies in connection with any unauthorized use.

Any website or publication using a Sporting Photos Australia Australia image without first contacting and buying rights to the image will be invoiced $150AUD for each use of each image. (ie. The image is used 4 times, you will be invoiced $600), All invoices are to be paid within 14 business days from the date of the invoice, or legal action will be taken.

 

Credit Line Requirements
All images used must be accompanied by a visible credit line. You are required to include a copyright notice, link to https://sportingphotos.com.au & photographer credit next to each image used within editorial purposes.

 

Sensitive Subjects
Any license granted by sportingphotos.com.au shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without sportingphotos.com.au’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.
You must contact sportingphotos.com.au for additional information prior to any use of an Image with any sensitive topic.
Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
sportingphotos.com.au will not be held responsible for any of the materials you upload to the site.

 

Model and Property Releases/Clearances
The rights sportingphotos.com.au grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. sportingphotos.com.au makes no representations or warranties that it owns or licenses any rights nor does sportingphotos.com.au grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, sportingphotos.com.au makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by sportingphotos.com.au. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

 

sportingphotos.com.au Trademarks
The trademarks, services and logos used and displayed in sportingphotos.com.au are registered and unregistered trademarks of sportingphotos.com.au its subsidiaries and affiliates. sportingphotos.com.au trademarks may only be used publicly with the permission of sportingphotos.com.au with proper acknowledgement. Except as expressly granted sportingphotos.com.au does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

 

Indemnification
You agree to indemnify, defend, and hold harmless sportingphotos.com.au against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

 

Disclaimers
sportingphotos.com.au PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER sportingphotos.com.au NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL sportingphotos.com.au’s OR ITS AFFILIATES’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

 

Copyright
The Photographer acknowledges that sportingphotos.com.au prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at sportingphotos.com.au.
By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on sportingphotos.com.au’s servers. sportingphotos.com.au reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Photographer hereby grants sportingphotos.com.au a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants sportingphotos.com.au and its representatives the right to sublicense the Image to their customers in accordance with the terms of the sportingphotos.com.au License Agreement.
The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by sportingphotos.com.au or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While sportingphotos.com.au acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer is downloaded, the parties agree that sportingphotos.com.au may amend such policy from time to time, as reasonable business objectives may require.
Currently, each photographer may request to be paid for his/her balance on sportingphotos.com.au and sportingphotos.com.au is obligated to pay via bank transfer or similar means, by the end of the following month.
sportingphotos.com.au is entitled to carefully analyse all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, sportingphotos.com.au has the right to delay the payment request until all details are cleared or to refuse the payment.
The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of sportingphotos.com.au. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. sportingphotos.com.au is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, sportingphotos.com.au shall erase all files.
The Photographer agrees that neither sportingphotos.com.au nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

 

Notification of copyright infringement
sportingphotos.com.au may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on sportingphotos.com.au’s site, send sportingphotos.com.au a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the sportingphotos.com.au site; (iv) information sufficient to permit sportingphotos.com.au to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ABN: 75 797 130 526 © Australian Sporting Photos - 2016