Dental stock photos image licence agreement
Every image purchased on Dental Stock Photo’s website comes with a licence.
Dental Stock Phots offers two types of licences. The type of licence determines how you can use the purchased image. Each licence type is priced differently.
Dental Stock Photos offers two types of licences: standard and extended.
Every image downloaded from Dental Stock Photos comes with a standard licence that lets you use the image for any personal, business or commercial purposes.
The image can be used in/on:
- Social media
- Presentation for educational purposes, such as presentations at conferences.
However, a standard licence does have some restrictions.
If you want to use the image on commercially sold items, you will need to purchase an extended licence.
An extended licence gives you additional rights to use the image/s, which include using the image on commercially sold items.
- Embedding or printing on merchandise (such as brochures, flyers, pamphlets, posters, pamphlets, calendars)
- Editorial materials or publications (printed or electronic)
- Printed or online promotional or advertorial materials.
This is a licence agreement between you and Amalgamate2020 Pty Ltd (ABN 78 642 582 410) trading as Dental Stock Photos (We, Our or Us) that governs how you can use the images you purchase on Our website (Images).
1.1We provide stock images of dental practitioners, staff, patients, visitors, dental clinics and equipment for your use on the terms provided in this agreement.
1.2When purchasing or downloading Images from Our website, you must accept the terms of this agreement by clicking the “I accept” button.
2.1Subject to your compliance with the terms of this agreement, We grant you a non-exclusive, non-sublicensable, non-transferable, revocable right to reproduce, publish and adapt the Images as expressly permitted by this agreement.
2.2Depending on the type of licence you acquire, you will be able to use the Images as follows:
- A) if you have purchased a Standard licence, you may:
- i) display the Images on your personal or business website or blog;
- ii) post the Images on your personal or business social media page (e.g. Facebook, Twitter, Instagram and etc.); and
- iii) display the Images as part of your presentations for educational purposes, including at such presentations at conferences.
other than as part of a promotional or advertorial content; or
- B) if you have purchased an Extended licence, in addition to your rights under clause 2.2(a), you may:
- i) embed or print the Images on your merchandise being brochures, flyers, pamphlets, posters and calendars;
- ii) include and publish the Images in magazines, newspapers, books or catalogues; or
- iii) include the Images in printed or online promotional or advertorial materials.
3.1As between you and us, the copyright in all Images is owned by Us or any third party We may engage to create those images. Nothing in this agreement gives You any ownership rights in the copyright in any of the Images.
3.2You acknowledge and agree that all rights, title and interest in and to the Images not expressly granted in this agreement are reserved by Us.
4.1You must not:
- A) resell, redistribute, provide access to, share or transfer the Images;
- B) remove or modify any attribution or metadata embedded in the Images;
- C) misrepresent expressly or impliedly, that any Image was created by you or a person other than Us; or
- D) use the Images in a pornographic, defamatory, deceptive, obscene or unlawful material, or for any purpose other than the Approved Purposes.
5.1You acknowledge and agree that the licence underclause 2.1 is subject to your full payment of the fees in accordance with our payment terms at https://dentalstockphotos.com/pages/pricing-structure-new
5.2Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to firstname.lastname@example.org.If the request is approved, Dental Stock Photos will issue a refund to your credit card. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.
6.1All Images used by you must be accompanied by a credit to Us in substantially the following form:
“Dental Stock Photos”
In all cases the credit must be:
- A) placed adjacent to the content of the editorial material; and
- B) of colour, prominence and size clearly and easily readable by a person.
6.2 You must apply credit in a reasonable context, but credit may be omitted where it adversely impacts the effectiveness of communications or design integrity of campaigns or materials.
8.1To the extent that the mandatory consumer guarantees imposed under the Australian Consumer Law or similar law of your relevant jurisdiction apply to supplying Images, Our liability for any breach of those guarantees is limited, at Our option, to re-supplying the Images or paying the cost of the re-supplying of the Images.
8.2Our maximum total aggregate liability for all loss, damage, cost or expense arising under or in relation to this agreement, whether in contract, tort (including negligence), or otherwise is limited to the fees We have received from you under this agreement for the Images in relation to which the liability has risen.
8.3To the extent permitted by law, We are not liable to You, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential loss or damages, or for any damages for loss of business, loss of profits, business interruption, loss of data or for any other pecuniary or non-pecuniary loss or damage that may arise under this agreement.
8.4You indemnify Us against any claim, damage, cost, liability and expense arising out of or in relation to:
- A) your breach of any of the terms of this agreement; and
- B) your use of the Images.
8.5To the extent permitted by law, We exclude all representations or warranties in relation to the Images.
8.6We do not warrant or represent that the Images will meet your requirements.
9.1We may terminate the licence granted under this agreement at any time if you breach any of the terms of this agreement, in which case you must immediately:
- A) cease using the Images;
- B) delete or destroy any copies of the Images from your computer system, website and social media platforms; and
- C) if requested, confirm to Us in writing that you have complied with these requirements.
10.1All notices required to be sent to Us under this agreement should be sent via email to email@example.com. All notices to you will be sent via email to the email set out in your account.
10.2You may not assign a right under this agreement.
10.3If any term of this agreement is deemed unenforceable by a court of competent jurisdiction, that term will be severable, and the remaining terms will continue in full force and effect.
10.4We will not be liable for any delay or failure to perform any obligation under this agreement where that delay or failure is the result of any cause outside Our reasonable control.
10.5This agreement is governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia.