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The following is a legal agreement between the Licensee (you) and Action Art Photography. Please read this Agreement carefully before using any image from this website. Using an image downloaded from the Action Art Photography website means you agree to be bound by the terms of this Agreement. The Images are copyrighted. All rights are owned by Action Art Photography and Arthur Thornton or the accredited photographer. The only rights granted are specifically listed below; All others are reserved. Your rights to use an image is based on the restrictions stated in this Agreement, and are dependent upon your payment of the purchase price for the images before use.

THIS LICENSE AGREEMENT controls your right to use any image(s) supplied by Action Art Photography and Arthur Thornton or the accredited photographer for the purposes listed below. This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and Action Art Photography for any image(s) supplied by Action Art Photography. You agree to be bound by the terms hereof by accepting any image(s).

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 AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

IN CONSIDERATION of the payment of the fees stated for accepting one or more photographic images from Action Art Photography, and in further consideration of your acceptance of the provisions of this agreement, Action Art Photography hereby grants you a personal, non-transferrable, non-exclusive, limited right to use such images subject to the following terms and conditions:

You are licensed to use the image(s) worldwide, for the following purposes ONLY:

Editorial, photographic prints for non commercial purposes and personal web sites.

The image(s) itself (themselves) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used for pornographic, libellous, defamatory or any other improper or illegal purposes.

Unless it is indicated that an image has a model or property release, no such release exists. Action Art Photography gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.

"Non-transferable" as used above, means that the work you produce using an image must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense or in anyway transfer to anyone an image, or the right to use them, except as described under "Permissible Uses". You may not grant any third party the right to use or duplicate an image. You agree to take all reasonable steps to prevent third parties from duplicating or distributing the images. You may not post any image or images from this site on any electronic bulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 72dpi.

The digital image files on this web site are copyrighted and protected by the intellectual property laws of Australia, United Kingdom, United States and the Berne Convention. Images are not sold; their use is licensed and they remain the sole and exclusive property of Action Art Photography and Arthur Thornton or the accredited photographer. Image use without prior payment is a copyright violation. All images are owned by Action Art Photography and Arthur Thornton or the accredited photographer and are protected by Copyright law, and are bound by the laws in force in Australia. No title to or intellectual property rights to the images are transferred to you. Action Art Photography and Arthur Thornton or the accredited photographer retains all rights not expressly granted by this License Agreement. All rights to the image(s) are owned by Action Art Photography and Arthur Thornton or the accredited photographer and are protected by Australian copyright laws, international treaties and other applicable laws. Action Art Photography retains any and all rights, titles and interests not expressly granted by this license agreement. You may not transfer, assign or sublicense the image(s) without the prior written consent of Action Art Photography. Any attempt to transfer or assign this license without prior written consent to do so shall automatically terminate this license.

Any editorial use of the image(s) must bear the credit line "Arthur Thornton" or the name of the accredited photographer. You agree to provide statutory copyright protection of the image(s) by timely registration of the work you created or the work in which the image(s) appears.

If you are unsure of your usage rights under this agreement or wish to use the image in a manner not permitted by this agreement (for example: as part of an advertisement, point-of-sale material, product packaging, press release etc), please contact us by email at info@actionartphoto.com, or by phone at +61 (0) 2 9489 4929.

You warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image(s).

Action Art Photography warrants that the supplied digital image(s) are shall free from material defects in material and workmanship for thirty (30) days from the time of delivery. Your sole and exclusive remedy for a breach of this warranty is shall be the replacement or of the image(s) or refund of the purchase price at the sole option of Action Art Photography. Action Art Photography MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some countries/states do not permit the exclusion of implied warranties and you may have other rights, which vary from place to place.

IN NO CASE SHALL Action Art Photography BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF Action Art Photography IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Action Art Photography' LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO Action Art Photography. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Action Art Photography and you. Action Art Photography would not be able to provide the image(s) on an economic basis without such limitations.

The limitations or exclusions or warranties and liability contained in this agreement do not effect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of business. Action Art Photography shall not be liable for any general, special, direct, indirect, incidental or consequential damages arising out of the license and use of the image(s).

Any notices or requests to Action Art Photography may be addressed to the company at: P.O. Box 381, Wahroonga NSW 2076, Australia or by e-mail addressed to info@actionartphoto.com

This agreement shall immediately terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s), delete all copies of such image(s) from your computer and magnetic media and Compact Discs or Digital Video Disks.

In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Action Art Photography and Arthur Thornton for its reasonable legal fees and disbursements if Action Art Photography and Arthur Thornton is successful in the suit.

YOUR ACCEPTANCE OF ANY IMAGE(S) CONSTITUTES YOUR CONSENT TO AND ACCEPTANCE OF THE FOREGOING IMAGE LICENSE.

This Agreement will be governed by the laws in force in Australia excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that neither the images nor the products will be shipped, transferred or exported into any country or used in any manner prohibited by export administration legislation or any other export laws, restrictions or regulations.

If you need more information on the license contact: info@actionartphoto.com

Copyright © 1993-2007 Action Art Photography. All Rights Reserved