the Legal Stuff

Photo Download Terms & Conditions
 
     
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JULIELEANNE PHOTOGRAPHY.

READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY IMAGE OR PURCHASE ANY PRODUCT.

BY DOWNLOADING ANY IMAGE OR PURCHASING ANY PRODUCT FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU HAVE QUESTIONS REGARDING THE TERMS AND CONDITIONS OF THIS AGREEMENT PLEASE CONTACT US VIA OUR CONTACT PAGE ON THIS WEBSITE.
If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer and to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement and your rights under this agreement will be terminated.

1. JulieLeanne Photography grants to you, and your employer if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable right to use the image(s) you have selected (the “Image”) in accordance with the terms of this Agreement. Images are licensed on a non-exclusive basis for a one time usage. If you would like to re-use the image in another context or medium, you must purchase another license. If you are downloading the images, the images will be available online in the download area for 30 days. If you have not downloaded the images within thirty days, you must reorder the images at your expense. Exclusive rights may only be granted by JulieLeanne Photography subject to the availability of such rights and subject to additional fees. Exclusive rights cannot be obtained through this website. You must contact JulieLeanne Photography directly to inquire about exclusivity.

2. Images are not sold, they are licensed. The rights granted to you are personal to you or your employer and may not be sublicensed, transferred, or assigned to another party. If you purchase a license but do not use the rights granted in that license, you are not entitled to a refund of the purchase price.

3. JULIELEANNE PHOTOGRAPHY PROVIDES NO MODEL OR PROPERTY RELEASES FOR THE IMAGES. You are responsible for obtaining any model or property releases required for your intended use of an image. You should CONSULT YOUR LEGAL ADVISOR as to whether a release is required to use any such Image. Some jurisdictions provide legal protection to people, places and things where an Image is to be used for commercial purposes. JulieLeanne Photography conveys no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any Image, and you must satisfy that all the necessary rights or consents, as may be required for use are obtained.

4. Images may not be used for advertising purposes without separate and express permission of JulieLeanne Photography.

5. JulieLeanne Photography grants you the non-exclusive and non-transferable right to download the Image(s) from this site onto one computer for one user at a time for layout purposes, browsing, internal company review or testing only. The Image(s) may not be used in any materials distributed outside of Your company or to the public, including any online or other electronic distribution. The Image(s) may not be sold or sublicensed alone or as part of any product.

6. Whenever you use an Image, THE FOLLOWING CREDIT LINE MUST APPEAR adjacent to the Image: “©JulieLeanne Photography”. No other use of JulieLeanne Photography’s name, logo, or trademarks is permitted in association with any Image utilised in an editorial manner. You may crop, rotate and re-size the image but you may not otherwise manipulate or alter the image.

7. Use of an Image in a manner that is contrary to a restriction stated in this Agreement is prohibited. Pornographic, defamatory, libellous or otherwise unlawful use of an Image is prohibited.

8. SAMPLES: In the event that an Image is used in a publication, you must provide JulieLeanne Photography with two free copies of such publication or tear sheets showing the Image in context. Samples/Tear sheets may be sent to:

JulieLeanne Photography
ATTN: Photo Dept
53 Wanungara View
Limpinwood 2484 NSW
Australia

9. Warranty and Limitation of Liability: JulieLeanne Photography warrants the digital copy of the Image in the form downloaded by you to be free from defects in material and workmanship (not including “artifacts” or other flaws inherent in the process of taking the photograph) for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Image or refund of the license fee paid by you. While JulieLeanne Photography makes efforts to correctly caption the subject matter of each Image, JulieLeanne Photography does not warrant that such information is accurate.

JULIELEANNE PHOTOGRAPHY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JULIELEANNE PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

10. Indemnification: You agree to indemnify and hold JulieLeanne Photography harmless against any claim for damages, losses or any costs, including lawyers’ fees, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by JulieLeanne Photography or for your breach of any of the terms of this Agreement.

11. No variation of any of the terms in this agreement shall be effective unless agreed in writing by JulieLeanne Photography and you.