WEB / ONLINE LICENCE
A Web/Online Licence entitles you to use image for a one time use. Cost – $95
Artworks selected from other catalogs are negotiable for Web/Online Licence for image for a one time use. Cost – Variable
- One time use for web/online and social media publishing.
- This licence is valid for a 2 year period, after which time a new licence will need to be purchased to continue using the image.
- This licence is for web/online use only.
- You cannot use the image for printed content and/or products intended for resale or for a profit.
- Cannot use for: Calendar, Book Cover, CD Cover, DVD Cover, Album Cover, Magazine Cover, Apparel Items such as T-Shirt’s, Merchandise, etc. You must purchase a Standard Licence or an Extended Licence for this purpose.
- You do not have exclusive rights to the image.
- Size – 1920px (longest edge) @72dpi
STANDARD LICENCE
A Standard Licence entitles you to use this image for a one time use. Cost – $250
- One time use of image. For examples: Brochure, Business Card, Business Stationery, Book Illustration, Magazine Article, Television or Cinema Advertising, etc. print run
- This licence is valid for a 2 year period, after which time a new licence will need to be purchased to continue using the image.
- You do not have exclusive rights to the image.
- Size – 3000px (longest edge) @300dpi
STANDARD LICENCE PLUS
An Standard Licence Plus entitles you to use this image for a one time use. Cost – $450
- One time use of image. For examples: Brochure, Business Card, Business Stationery, Book Illustration, Magazine Article, Television or Cinema Advertising, etc. print run
- To use on Apparel and Mugs as well as a Brochure and Advertising.
- This licence is valid for a 2 year period, after which time a new licence will need to be purchased to continue using the image.
- You do not have exclusive rights to the image.
- Size – 3000px (longest edge) @300dpi
EXTENDED LICENCE
An Extended Licence entitles you to either. Cost – $995
- Unlimited use of the image across different areas.
- For example – Corporate Package Incorporating – business cards, brochures, web use, stationary, advertising and logo etc.
- For example – to use on different apparel as well as a brochure and advertising.
- This licence is valid for a 5 year period, after which time, a new licence will need to be purchased to continue using the image.
- You do not have exclusive rights to the image.
- Size – Full Size @300dpi
OR
- One Time Use for glass splash back, billboard, wall mural, wallpaper or glass walls.
- Size – Full Size @300dpi
You do not have exclusive rights to the image.
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.
RIGHTS DEFINITIONS AT POINT OF SALE
Single use, non-exclusive, royalty-free licence for the following: Print: reproduction, distribution and communication of the image for the purposes of advertising, promotion, presentations, catalogues, brochures and promotional postcards, limit of 100,000 copies. Digital uses: websites, in online advertising, broadcast media, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (not for sale, like e-books , e-magazines, blogs, etc.), and in online media. Editorial: For use in content as a visual reference to illustrate text. Personal non-commercial uses. Not for direct financial gain. Image may be modified, cropped, resized, and combined with other works. Print copies limited to 100,000. Online use unlimited. No application for products for resale (hard-copies or digital).
Print For Profit Extended Licences: Each of the following Additional Licences is available for purchase in addition to single use Basic Licence:
(a) Unlimited print copies.
(b) For use across multiple projects by a single organisation.
(c) Use of Image on packaging of goods for sale or commercial distribution, for a period of three years from first usage.
(d) Use in digital products like mobile “apps”, software, e-cards, e-publications, e-books , e-magazines for sale, for a period of three years from the first usage.
(e) Note Basic and Extended Licenses subject to Terms and Conditions: including usage restrictions, disclaimers and liability caps. Your use of the Image must be ‘transformative’ – combining the Image with text and other images to create something new. Images must not be reproduced for resale or distribution where the main value of the product lies in the Image itself, for example, mugs, t-shirts, posters, greeting cards, posters or other merchandise, or any “print on demand” service. If your intended use of an Image is not covered by the Basic or Extended Image licenses please contact Tania Smith Photography and discuss a custom licence.
PAYMENT METHODS
File size will depend on the licence you choose and what you are using the photo for.
- Web/online Licence – file size will be the optimum size for full page web viewing – 1920 pixels on the longest side. @72dpi
- Standard Licence – file size will be the optimum size for printing for – Brochure, Business Card, Business Stationery, Book Illustration, Magazine Article, Television or Cinema Advertising, etc. 4000pixels above @300dpi
- Extended Licence – file size will be the largest size for printing we have and will be sent once payment is cleared by e-mail.
- For large scale applications, like wallpaper, glass splashbacks, posters, prints – the file size will be the largest we have.
- Payments for automatic downloads Via PayPal for Web/online Licence and a Standard Licence
- Extended Licence file will be emailed once bank/PayPal funds are cleared.
GENERAL TERMS AND CONDITIONS
- Operation of Terms
(a) This service is provided by TANIA SMITH PHOTOGRAPHY Pty Ltd, ABN 22 960 900 354
(b) By purchasing a Licence and (if applicable) any Additional Licences (“Licence”) to exploit an Image by means of this website www.taniasmithphotography.com.au (or other URL or platform operated by TANIA SMITH PHOTOGRAPHY), you are deemed to accept these Terms and Conditions.
(c) Licence Fees may be paid for by Pay Pal or other payment service provided for in the Website, according to the terms of the relevant financial institution.
(d) TANIA SMITH PHOTOGRAPHY may provide you with a password to enable access to the Images. This must be kept in a secure place, and must not be disclosed to any third party.
(e) If you breach any material term of these terms and conditions, we may terminate our agreement with you with or without written notice to you.
(f) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and Conditions and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to TANIA SMITH PHOTOGRAPHY for any breaches of these Terms and Conditions.
(g) Each licence is for use in relation to one product, publication or project only.
(h) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may purchase a Licence on their own account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies for the purpose of exercising the rights granted to you under a Licence.
- Grant of Rights
(a) TANIA SMITH PHOTOGRAPHY grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.
(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.
(c) You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify TANIA SMITH PHOTOGRAPHY (by email to info@taniasmithphotography.com.au) If you become aware of any unauthorised use.
- Prohibited Uses
(a) No image may be used in connection with:
(i) pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; or
(ii) advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.
(b) You must not use the image in a manner which:
(i) is obscene, disrespectful or defamatory to any person featured in the image, or is likely to bring any person or property featured in the Image into disrepute;
(ii) falsely implies that a person suffers from any medical condition, has committed or been convicted of any offence, identifies with any sexual orientation or otherwise misrepresents the person as having or not having any attribute;
(iii) falsely implies that the creator of the Image, or the persons or property appearing in the Image (if any) uses or personally endorses any business, product, political party, service, cause, association or other endeavour;
(iv) (where children are depicted) may be inappropriate;
(v) violates or infringes the copyright or other intellectual property or other rights of any person or entity;
(vi) treats the Image in a derogatory manner; or
(vii) which is contrary to any law or regulation.
(c) Images must not be used in, or as, a trade mark, service mark, logo or other indicator of origin.
(d) Images must not be posted online in downloadable format or otherwise such as to enable an Image to be distributed or shared in any peer-to-peer or similar file sharing arrangement.
- Credits
(a) You must not falsely represent or imply that the Image was created, or is owned by, you or any other person other than the copyright owner (as notified by TANIA SMITH PHOTOGRAPHY).
(b) You must not remove any notice of copyright, watermark, trademark or other intellectual property right, or other information that may appear on, embedded in, or in connection with the Image as downloaded.
(c) If and where commercially reasonable, your use of an Image should be accompanied by a credit in the following form:
“Image(s) © [year owner], used under license from TANIA SMITH PHOTOGRAPHY” If other stock content used by you is afforded credit, the Image supplied by TANIA SMITH PHOTOGRAPHY must receive an equally prominent credit.
- Warranties, Disclaimers and Liability Limitations
(a) TANIA SMITH PHOTOGRAPHY warrants that:
(i) it has secured the rights from the creators of the Image, to grant you the rights specified in the Licence you have purchased; (ii) the Image does not, to the best of TANIA SMITH PHOTOGRAPHY’s knowledge breach any law or regulation or infringe the rights of any third party;
(ii) the creator of the Image has provided TANIA SMITH PHOTOGRAPHY with a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);
(iii) the Image is not, to the best of TANIA SMITH PHOTOGRAPHY’s knowledge subject to any claim or complaint from any third party; and
(iv) no fees, residuals or royalties will be payable by you to the creator of the Image in respect of your use of the Image, except as expressly notified to you at the time of purchase.
(b) Except as set out in clause 5(a) and subject to warranties which may not be excluded under Australian consumer law, Images are provided ‘as is’ without warranty of any kind. In particular, you acknowledge that Images may contain elements such as: trade or service marks; copyright works or subject matter; confidential information; or designs, that may require further clearance, which will be your sole responsibility to obtain.
(c) TANIA SMITH PHOTOGRAPHY will endeavour to ensure that information provided in respect of each Image is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
(d) You will release from, and indemnify and hold TANIA SMITH PHOTOGRAPHY, its officers, employees, shareholders, directors, managers, members and Image creators, harmless against any damages or liability of any kind arising from:
(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;
(ii) the combination of the Image with any other work(s); and/or
(iii) the context in which the Image has been used.
(e) You agree that, subject to requirements imposed by Australian consumer law:
(i) TANIA SMITH PHOTOGRAPHY will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if TANIA SMITH PHOTOGRAPHY has been advised of the possibility of such damages, costs or losses;
(ii) TANIA SMITH PHOTOGRAPHY shall be under no obligation to issue refunds under any circumstances. In the event that TANIA SMITH PHOTOGRAPHY determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase; and
(iii) the liability of TANIA SMITH PHOTOGRAPHY for any claim made in connection with an Image or these Terms and Conditions will be capped at the lower of: (A) such monies as TANIA SMITH PHOTOGRAPHY is able to recover from the creator who supplied the Image to TANIA SMITH PHOTOGRAPHY; and (B) AUD$2000.
- Returns and Lost Files
Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to info@taniasmithphotography.com.au If the request is approved, TANIA SMITH PHOTOGRAPHY will issue a refund to your PayPal. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.
Lost download files a fee will be charged of 15% for Web/online Lic and Standard Licence fees, and $50 charge for Extended Licence fees for a replacement file.
- General
(a) These terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. Tania Smith Photography may update these terms from time to time by written notice to you.
(b) This Agreement will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
Limitation of Liability. TANIA SMITH PHOTOGRAPHY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT.