Licence Agreement

Any image purchased from Chillistock Pty Ltd (hereafter, ChilliStock) or through any of ChilliStock’s websites, are sold with the agreement of the following terms and conditions. By purchasing the image, you agree to abide by these terms of use.

Definitions of Terms

Licencee

The licencee is the person or organisation whose details are recorded on the ChilliStock Tax Invoice with respect to the licencing agreement.

Royalty Free (RF)

Images are sold for a one-time fee and the use is limited only by the size of the file purchased, along with the other terms listed below. All images are sold on a non-exclusive arrangement for an indefinite period of time.

Rights Managed (RM)

RM images are images that are licenced on a use-by-use basis. The exact terms of use are requested from you by our easy to use price calculator which presents the fee for licensing. RM images are licenced on an exclusive arrangement until the end of the licensing duration.

Editorial Use (EU)

EU refers to images that will be used only on a one-time basis for an editorial client with reference to an article, information or news worthy event in print or television. All images are on a non-exclusive arrangement and can only be used one time.

Comps

ChilliStock Pty Ltd will allow the downloading of watermarked images from our website for comp purposes. The images on the website are watermarked to protect the owner’s copyright and must remain on all comps. The client agrees not to remove the watermark.

Use and Terms

The following is a legal and binding agreement between ChilliStock Pty Ltd (ABN 26123114563, hereafter ChilliStock) and the “licencee”(you, the your agents and contractors). This agreement applies to all image licences sold by ChilliStock Pty Ltd and through any of ChilliStock’s websites (ChilliStock.com, ChilliStock.com.au, ChilliStock.co.uk), or through arrangement made in person or by contact with a sales representative. The client is not licenced to use ChilliStock images until payment of their respective invoices has been made in full.

Royalty Free Images (RF) Licence Agreement

After payment has been made, and unless otherwise specified, ChilliStock Pty Ltd will grant the licencee of Royalty Free images the non-transferable, non-exclusive right to publish images as follows:

Royalty Free (RF) images may be used for an unlimited number of purposes from editorial to advertising. Usage of Royalty Free images is only limited by the size of the file purchased. Images can come in 6 size categories being:

Type DPI Dimensions File Size Use

Purchase of a smaller-size image and then attempting to increase file size with digital interpolation will not only result in significant quality loss but is strictly prohibited.

Right Managed Images (RM) Licence Agreement

Images licenced from ChilliStock Pty Ltd that fall under the category of Rights Managed will have the usage licence fee negotiated on a per project basis. Use of Rights Managed images are strictly limited to the terms agreed upon with regard to placement, type of use, duration, size of image in use, print run, expanse of territory and other restrictions allowed for in the use agreement. When the licence is granted, it must be accurate in terms of the use structure and then the licencee must adhere to the use structure as agreed. A known deviation from the agreed licence use may require an increase in fees or further negotiation. A known deviation from the agreed use as outlined in the image licence invoice will be considered a breech of contract.

Editorial Use Licence Agreement

A licence for Editorial use, grants the right to use an image once only in a given publication for use with an article, information or related news story. Advertorials are not considered editorial. Advertorial use is considered the same as advertisements in terms of licence agreements and use of imagery.

Comp Use Licence Agreement

Watermarked Images may be used directly off the ChilliStock websites for comp purposes only if the existing watermark is maintained. When comp use is granted it is understood that the licencee will not use the image for any other purpose than specific comp use.

Transfer of Licence Agreement

No transfer of Licence agreement is granted to any licencee for any purpose or at anytime. It is understood that “agent or “agencies” may contract the licence of an image for their specific client. However such a purchase may only be used for one client and is not transferable to another client. Any manipulation or derivative work created by the use of a ChilliStock Pty Ltd image may not be resold or reused without the express consent of ChilliStock Pty Ltd.

All images licenced by ChilliStock Pty Ltd, whether RF or RM, may not be further distributed by the licencee to 3rd parties other than as part of final works as permitted by our licence agreement.

Copyright

All images in the ChilliStock Pty Ltd archive have copyrights held by the creator of the image/s. No transfer of copyright will take place through the purchase of licence use rights of any given image whether Royalty Free, Rights Managed or Editorial. No transfer of copyright shall accrue through the manipulation or retouching of a ChilliStock Pty Ltd image.

Copyright Notice / Credits

In the case of Editorial Use, the licencee is required to place a copyright notice near the image in the standard place and readable format. Copyright notice should appear as follows: © (Photographer’s Name) – chillistock.com . This information is contained within the image’s IPTC metadata.

Unauthorised Use

As part of the usage agreement it is understood that there are certain limits to the use of the images, even with regard to Royalty Free images. Unauthorised use includes, but is not limited to, the following:

- No image may be used without proper payment in full.

- Images may not be used as a company logo, trademark or service mark.

- Unlawful use or in the act of unlawful matters.

- The unauthorised use of existing trademarks, logos, artwork or other copyrighted material that may appear as part of an image or photograph.

Images may not be used for sensitive material without the prior consent and agreement of ChilliStock Pty Ltd. Sensitive material includes, but is not limited to:

- Pornographic material

- Use of image that may depict the model or image in a negative light.

- AIDS, cancer, bladder, or intestinal diseases or other chronic ailments.

- Mental deficiencies, alcohol, drug or substance abuse.

- Gay, lesbian, or transgender related material.

- Financial destitution, income loss or death

If you have a sensitive use topic or believe you may have, we encourage you to contact us directly to receive a separate use agreement.

Image/ File Storage

The client may store the original high resolution image/s on a hard drive or CD plus one other backup only. In addition, the Licencee must take all appropriate precautions to prevent unauthorised use or distribution of any images licenced by ChilliStock Pty Ltd. At no time may any image licenced by ChilliStock Pty Ltd, whether RF or RM, be distributed to a third party. Images may be held at the licencee’s location for a time period of no greater than 20 days from the end of the contract period. Original transparencies or negative may only be kept for a period of 30 days from the date received and must be returned to ChilliStock Pty Ltd in good condition.

Alterations or Manipulation of Images

The Licencee may have the need to alter or manipulate an image for the purpose of colour matching or concept reasons. Such alterations are allowed under this use contract. Any retouching or manipulation of the image will not be considered the creation of a new image. Any ChilliStock Pty Ltd licenced image, or portion there of will remain as the copyrighted image of the original copyright holder and may not be distributed, used, licenced or sold to any third party.

Model / Property Releases

ChilliStock Pty Ltd makes endeavours to obtain signed model and property releases when possible. However the use of images with models are subject to a further release for sensitive subject matter. ChilliStock Pty Ltd does not guarantee or grant the use right of all people, place, artwork, property and subject matter in an image, which may now or at a future date, be subject to copyright protection. ChilliStock Pty Ltd makes no warranties as to the ownership of logos, trademarks, property rights, or images that may appear in a ChilliStock Pty Ltd image or photograph. See the details on the display image or please call us directly.

Indemnification

By accepting this contract, the licencee agrees to indemnify and hold harmless, ChilliStock Pty Ltd against any and all claims in regard to liability, damages, costs and associated expenses, legal fees and such, arising out of or related to the improper use of an image, the misconduct of the licencee or end use client, or a breech of terms of contract by the licencee.