Licence Agreement

 

 

All digital & printed images are copyright protected ©AeroStock.com.au. When you download a file from ©AeroStock, you're buying a standard license that lets you use the file for any personal, business or commercial purposes that aren't otherwise restricted by the licence (see restricted uses below).That means you can use our content in advertising, marketing, apps, websites, social media, TV and film, presentations, newspapers, magazines and books, and product packaging, among hundreds of other uses. Adding an extended license lets you use our content in even more ways. By downloading content from AeroStock, you accept the terms of this agreement.

 

 

STANDARD LICENCE OPTIONS

1. Personal Use License

Description: This license allows the purchaser to use the digital image for personal, non-commercial purposes only.

                Permitted Uses:

  • Personal website or blog
  • Social media profiles and posts
  • Personal projects (e.g., photo albums, home decor)
  • Educational purposes (e.g., school projects)

 

                 Restrictions:

  • No resale, distribution, or sublicensing
  • No commercial use or monetization
  • No use in any projects that involve financial gain

 

2. Commercial Use Licence – Standard

Description: This license allows the purchaser to use the digital image for commercial purposes with limited distribution.

 

               Permitted Uses:

  • Websites and blogs with advertising
  • Social media profiles and posts for business accounts
  • Marketing materials (e.g., flyers, brochures, business cards)
  • Print media (e.g., magazines, newspapers)
  • Digital advertisements (e.g., banner ads, social media ads)

 

               Restrictions:

  • Maximum distribution: [Set a limit, e.g., 500,000 copies]
  • No resale, distribution, or sublicensing
  • No use in products for resale (e.g., t-shirts, mugs)

 

EXTENDED COMMERCIAL LICENCE OPTIONS

3. Commercial Use Licence – Extended

Description: This license allows the purchaser to use the digital image for extensive commercial purposes with unlimited distribution.

 

              Permitted Uses:

  • All uses covered under the Standard Commercial License
  • Products for resale (e.g., t-shirts, mugs, posters)
  • Large-scale print media (e.g., billboards, bus ads)
  • Unlimited distribution and usage

 

               Restrictions:

  • No resale or sublicensing of the image itself
  • No use in a way that competes with the original image sale

 

 

How can I use licenced content?

 

You may use content in any way that is not restricted (see restricted uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by AeroStock are:

  • Perpetual, meaning there is no expiration or end date on your rights to use the content if you purchase a royalty free extended licence.
  • Non-exclusive, meaning that you do not have exclusive rights to use the content. AeroStock can license the same content to other customers.
  • Unlimited, meaning you can use the content in an unlimited number of projects and in any media for a defined period depending on your licence.
  • For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

 

Restricted Uses.

Restricted Uses - unless extended license purchased. Extended licenses are only available for purchase on a file by file basis:

  • No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
  • No Storage Abuse. You may not stockpile, download or otherwise store content not used in a project or end use within 30 days after the end of your licence agreement for future use.
  • No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
  • No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
  • No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
  • Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction.

 

Who, besides me, can use the licenced content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

  • Employer or client. If you are purchasing a commercial licence on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
  • Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use with a commercial licence. These subcontractors and distributors may not use the content for any other purpose.

 

User Accounts.

You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify AeroStock immediately of any unauthorised use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. AeroStock reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If AeroStock determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

 

Intellectual property rights.

Who owns the content? All of the licensd content is owned by either ©AeroStock.com.au. or the photographers who supply the content. All rights not expressly granted in this agreement are reserved by AeroStock and the content suppliers.

Attribution.

  • Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “AeroStock.com"
  • Do I need to include a video credit? Yes, if technically feasible, you must include the following credit in visual productions: “AeroStock.com.au”

Termination/Cancellation/Withdrawal. This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. AeroStock may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to AeroStock in writing that you have complied with these requirements.

Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.

Refunds/Cancellation. All requests for refunds/cancellations must be made in writing. If the request is approved, AeroStock will issue a credit to your account or credit card that was used for the purchase. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

Credit & Refunds. Refunds for purchases can be made within 14 days of your invoice date, provided that you have not used any images purchased.

File Download Refunds: AeroStock does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of AeroStock.

Content Withdrawal. AeroStock may discontinue licensing any item of content at any time in its sole discretion. Upon notice from AeroStock, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which AeroStock may be liable, AeroStock may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. AeroStock will provide you with replacement content (determined by AeroStock in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

 

Representations and Warranties.

AeroStock makes the following representations and warranties:

  • Warranty of Non-Infringement. Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorised by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
  • "Editorial Use Only" Warranty Disclaimer. For content identified as "editorial use only," AeroStock warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial use only," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release.
  • Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorise, keyword, caption and title the content, AeroStock does not warrant the accuracy of such information, or of any metadata provided with the content.
  • No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.AeroStock does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

 

Indemnification/Limitation of Liability.

  • Indemnification of AeroStock by you. You agree to defend, indemnify and hold harmless AeroStock and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
  • Indemnification of you by AeroStock. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 9(a) above, AeroStock agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by AeroStock of its warranty in Section 9(a) above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from AeroStock, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
  • Limitation of Liability. AeroStock WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF AeroStock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.