Terms & Conditions
PLEASE READ THIS AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONSTITUTES A BINDING AGREEMENT BETWEEN PRINT SEA AND ANY USER WHO DOWN- LOADS A PHOTOGRAPH, ILLUSTRATION, IMAGE OR OTHER PICTORIAL OR GRAPHIC WORK (THE "CONTENT") FROM THE WWW.PRINTSEA.NET WEBSITE. THE USER ACKNOWLEDGES AND AGREES THAT, BY USING OR PAYING FOR ANY CONTENT FROM PRINT SEA, THE USER SHALL BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT, AND THAT THIS AGREEMENT APPLIES TO ANY CONTENT THAT THE USER DOWNLOADS. IF YOU DO NOT AGREE WITH ANY OF THE APPLICABLE TERMS, DO NOT OBTAIN OR USE ANY CONTENT FROM PRINT SEA. WE ENCOURAGE YOU TO KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
1. Parties and Background of Agreement
This Agreement is a binding legal agreement between PRINT SEA and any User of the WEBSITE who desires to download and use Content.
Subject to the terms and conditions of this Agreement, PRINT SEA hereby grants to the User a non-exclusive, perpetual, worldwide, non-transferable sublicense to use, reproduce or display the Content in accordance with the sublicense option(s) selected by the User as each option is described below. The User Member acknowledges and agrees that, the User shall not have any right, title or interest in or to, and in any event shall have no ownership of, the Content, including any copyright and other intellectual property rights.
(a) Basic License - Permitted Uses: Subject to the provisions of this Agreement (and any other agreements or policies incorporated herein by reference) as well as the restrictions described under Section 3 (Prohibited Uses), the User is granted a non-exclusive sublicense and may reproduce, publicly display, make certain works derived from, and distribute the Content for the uses permitted below, and may distribute such works, subject to the following limits:
- advertising, editorial and promotional projects, including hard copy printed materials, product packaging, presentations, advertising, editorial and promotional purpose film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale, license or other distribution) up to 250,000 copies;
- an unlimited number of impressions for the purpose of online, electronic, and mobile publications and mobile applications, including web pages and advertising, promotional and editorial projects, to a maximum of 800 x 600 pixels for image or illustration Content and 800x600 pixels for video content (regardless of the resolution of the Content available for downloading from the Site) (unlimited copies); and
- an unlimited number of impressions, but only in a modified or derivative form, for the purpose of online, electronic, and mobile publications and mobile applications, including web pages and advertising, promotion- al and editorial projects, to a maximum of 1920 x 1080 pixels for image or illustration Content and 1920x1080 pixels for video content (regardless of the resolution of the Content available for downloading from the Site) (unlimited copies).
Unless a User has purchased an Extended License or a Product License as described below, the User may not do anything with the Content that is not expressly permitted in the preceding paragraphs. For greater certainty, the User may not:
- use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
- use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license
- or other distribution for profit, including using or displaying the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters, electronic templates, and other items; and install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users.
(b) Extended License – Permitted Uses: A User may acquire an Extended License which permits the User, subject to the provisions of this Agreement (and any other agreements or policies incorporated herein by reference) as well as the restrictions described under Section 3 (Prohibited Uses), to use Content for certain permitted purposes. The User is granted the rights available under the Basic License, in addition to and as amended by the rights and uses associated with the applicable Extended License. In each case, the User will be required to pay an additional fee for such usage under an Extended License. An Extended License may be acquired by the User to reproduce, publicly display, make certain works derived from, and distribute the Content for the uses permitted below, and may distribute such works, subject to the following limits:
(i) Unlimited Printing:
unlimited copies of advertising and promotional projects, including hard copy printed materials, product packaging, presentations, advertising and promotional film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale, license or other distribution); and
unlimited copies of hard copy prints, posters and other reproductions for personal use, but not for resale, license or other distribution.
(ii) Products for Resale License:
Allows for incorporation of Content into paper, non-paper, print, and electronic products intended for resale. Such products include but are not limited to posters, calendars, stationery items, photo books, stickers, mugs, T-shirts, other apparel, mousepads, games, toys, framed artwork, screensavers, web site or presentation templates, wallpapers, application or other software products, or content used in connection with mobile devices for resale or any other distribution for profit.
2. Prohibited Uses
Except as expressly permitted in Section 2 above, the User shall have no right to sell or otherwise distribute the Content or any reproductions thereof to any third parties, whether alone or incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known. The User shall have no right to grant further sublicenses. Without limitation to any aforementioned restrictions, the User acknowledges, agrees and warrants that he or she shall not:
- sublicense, sell, assign, convey or transfer to any third party the Content or any rights thereto under this Agreement or sell, license or distribute Content or any modified Content as stand-alone files or as part of an online database or any other database, or any derivative product containing the Content in such way that would allow a third party to download, extract or access the Content as a stand-alone file;
- share the Content with any other person or entity;
- use the Content in a way that is considered by PRINT SEA in its sole discretion, or under applicable law, that may be considered pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
- post the Content online in downloadable format, post the Content on an electronic bulletin board or enable the Content to be distributed via mobile telephone devices or shared in any peer-to-peer or similar file sharing arrangement;
- download or store the Content on more than one computer at the same time, except that the User may make a single backup copy to be stored on media separate from the single permitted computer;
- use, reproduce, distribute or display the Content in connection with any goods or services intended for resale or distribution which primary value lies in the Content itself, including, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any of the foregoing in "print on demand" or tangible or electronic formats, as applicable;
- use, reproduce, distribute or display the Content (including, without limitation, by itself or in combinationwith any other work of authorship) in any manner that is libellous or slanderous or otherwise defamatory, obscene or indecent;
- 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 Content in its original downloaded form, it being understood that the User shall reproduce any and all such notices in any backup copy of the file comprising the Content that the User makes;
- incorporate the Content into a trademark, business name, design mark, service mark or logo;
- take any action in connection with the Content that violates any law, regulation or statute in an applicable jurisdiction;
- use the Content in an editorial manner, without the following credit adjacent to the Content or in audio/visual production credits: "© PRINT SEA”;
- take any action in connection with the Content that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Content and the rights of any person who, or any person whose property, appears in the Content;
- use or display the Content in a way that would reasonably imply that the creator of the Content, or the persons or property appearing in the Content (if any) uses or personally endorses any business, product, service, cause, association or other endeavour; or
- use any Content that includes an identifiable model over the age of 18 in a manner that depicts such person in a potentially sensitive subject matter, from the perspective of a reasonable person; including, but not limited to sexual activity or implied sexual activity, HIV/AIDS, substance abuse, sensitive health issues, promotion of tobacco use, political endorsements, or any implication that the model engages in activity that is immoral or illegal. The sole exception to this restriction is any content where it is clear that the intended purpose of the image is to convey such a sensitive use.
- use any Content that includes a model under the age of 18 in any manner described in (n) above or in any sexual manner, including but not limited to issues of sexual abuse, human trafficking, sexually transmitted infections, abortion, sexual violence, and any sexual activity or contact.
Payments and Pricing
Each time the User downloads and licenses Content the User agrees to pay all fees and charges associated with the order and that all such fees and charges and additional amounts (including taxes and late fees, as applicable) will be charged to a credit card or other payment method the User has selected. The User shall pay to PRINT SEA a sublicense fee in accordance with PRINT SEA’S Standard pricing and payment policies. Without limitation, the User is responsible for reporting and payment of any taxes applicable to his or her license and use of Content. ONCE FILES ARE TRANSFERRED, THERE IS NO REFUND OR EXCHANGES.
Ownership and Intellectual Property
PRINT SEA retains all right, title and interest in and to Content, including but not limited to all copyrights, patent rights, trademarks, trade secrets and all other property rights. The User acknowledges and agrees that, except for the licenses granted by this Agreement, no rights in any Content are granted to the User. PRINT SEA shall retain the right to use, reproduce or display the Content.
Limitations and Disclaimers
THE USER AGREES THAT NEITHER PRINT SEA NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OWNERS, AGENTS, REPRESENTATIVES, LICENSORS AND (SUB)LICENSEES (OTHER THAN YOURSELF, AS APPLICABLE), SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, ARISING FROM ANY USE OR NON-USE OF THE CONTENT, EVEN IF SUCH PARTIES HAVE BEEN ADVISED, OR ADVISED OF THE POSSIBILITY, OF SUCH DAMAGES.
THE CONTENT IS PROVIDED "AS IS" AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PRINT SEA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE QUALITY OF SUCH CONTENT BE
DEFECTIVE YOU (AND NOT ANY OF THE INDEMNITEES) ASSUME THE ENTIRE RISK AND COST OF ALL CORRECTIONS. NOTWITHSTANDING ANY OTHER TERM HEREIN, PRINT SEA MAKES NO WARRANTIES, NOR SHALL PRINT SEA BE LIABLE, FOR ANY CLAIMS RELATED TO OR ARISING FROM YOUR USE OF CONTENT WHICH: (I) HAS BEEN MODIFIED BY YOU, (II) HAS BEEN COMBINED BY YOU WITH OTHER CONTENT, PRODUCTS, TEXT, CONTENT OR MATERIALS.
Without limiting the foregoing, the User acknowledges that: (i) PRINT SEA generally does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Content. The procuring of such releases is the responsibility of the User; and (ii) PRINT SEA generally does not have releases from property owners, manufacturers or designers of commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are depicted in some Content as it is generally not possible for any stock image library or artist to get blanket releases for such products. The procuring of such releases, which may sometimes be obtained on a case-by-case basis, is the responsibility of the User.
By downloading and using the Content, the User acknowledges and agrees that this Agreement and all matters as to his or her access and use of the Site and/or the Content shall be construed and governed by the laws of AUSTRALIA and applicable therein. All actions and disputes arising from or relating to this Agreement and all matters as to your access and use of the Site and/or the Content or other materials shall be heard and decided exclusively before the courts located within Australia and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of Australia and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between PRINT SEA and the User under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. The User agrees that he or she shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your access or use of the Site.
No action or non-action of PRINT SEA to exercise any power, right, privilege or remedy under this Agreement shall be construed as a waiver or amendment of this Agreement or preclude any other or further exercise of any such power, right, privilege or remedy.
This Agreement shall inure to the benefit of, and be binding upon, PRINT SEA and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than PRINT SEA and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. PRINT SEA shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. This Agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof. The headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.