The Photo Library

Terms & Conditions

This is a licence agreement between yourself and The Video Agency explaining how you can use photos licensed from The Video Agency. By downloading and/or receiving content from The Video Agency, you accept the terms and conditions of this agreement. 

Every file downloaded from The Video Agency comes with a STANDARD LICENCE. Your use of content is subject to the terms of the licence purchased. In granting a licence, The Video Agency still retains copyright and ownership of the images. 

The purchaser is bound to the conditions of the licence and cannot transfer or sub-licence content. There are two exceptions: 

I. Employer or client - If purchasing on behalf of an employer or client, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. 

You may continue to use the photo for additional projects providing it is done so under the registered trading name it was purchased under.

II. Subcontractors - You may allow subcontractors (for example, printer, mailing house or distributor) to use the content on your behalf. You represent and warrant that you have full legal authority to bind your subcontractor to the terms of this agreement. Subcontractors may not use this content for any other purpose. 

You may use content in any way that is depicted in the following terms. Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by The Video Agency are listed below. If the Standard, Extended or Exclusive Image licences do not grant the rights you require please contact the Production department at The Video Agency on 0434 398 143.

1. IMAGE LICENCES:

i. A STANDARD IMAGE LICENCE is NON–EXCLUSIVE and NON-TRANSFERABLE and grants you the right to use images: 

1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile"apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media(including on video sharing services such as YouTube, Dailymotion, Vimeo, etc.); 

2. Printed in physical form as part of product packaging and labelling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books, provided no image is used with the intent of metropolitan advertisement or exceeding 15,000 copies; 

3. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed AUD $10,000; 

4. In an unlimited number of projects that represent your company/business only. 

ii. AN EXTENDED IMAGE LICENCE grants you the right to use images in any manner permitted under a STANDARD Image Licence, with the addition of: 

1. Large scale formats, including, but not limited to, buildings, internal office walls, billboards and buses; 

2. No restriction on the number of reproductions, impressions or budget of projects or merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, but not limited to: textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates other creative material or functional elements in addition to the image(s); 

3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale; 

4. Incorporated as elements of digital templates for sale or distribution. 

iii. AN EXCLUSIVE IMAGE LICENCE grants you the right to use images in any manner permitted under an EXTENDED Image Licence, with the addition of: 

1. Exclusive and perpetual rights to the use of the image, commencing upon full payment. 

PLEASE NOTE: The additional cost of this licence can be obtained only on enquiry and is subject to the number of times the image has been purchased previously under a NON-EXCLUSIVE licence. Once an image is purchased along with an EXCLUSIVE licence the image will be removed from our stock library and will no longer be available for purchase. Coast Stock is unable to cease any prior contracts and usage of the image for any party who has previously been granted a NON-EXCLUSIVE image licence. 

WILL WE HAVE THE ABILITY TO TRACK HOW MANY SALES ?

b. RESTRICTIONS ON USE OF VISUAL CONTENT 

        i. Use Visual Content in a manner other than those expressly provided by the licence you         purchased with respect to such Visual Content; 

        ii. Use Visual Content, or portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to, depicting the Visual Content or a Model: 

1. in connection with pornography, "adult videos", adult entertainment venues, escort                 services, dating services, or the like; 

2. in connection with the advertisement or promotion of tobacco products; 

Visual Content refers to any images used under any of the above licenses when granted. The following restrictions are in addition to existing legal copyright obligations and protections and any applicable intellectual property laws relating to the use and distribution of copyrighted images. 

YOU MAY NOT:

3. in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; 

4. as suffering from, or medicating for, a physical or mental ailment; 

5. engaging in immoral or criminal activities; 

iii. Modify Visual Content in a manner that changes, or appears to change, the context of what is depicted; 

iv. Re-sell, re-distribute, provide access to, share or transfer any Visual Content except as specifically provided herein; 

v. Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property or would give rise to a claim of deceptive advertising or unfair competition; 

vi. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof; 

vii. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than Coastal Media. 

c. TERMINATION 

The Video Agency reserves the right to terminate this agreement at any time in the event of a breach by the licensee. In the event of a license termination, the termination will happen immediately upon the licensee being made aware of it, and they must cease using the Visual Content from this time. Pre-existing and retrospective usage of the Visual Content will not be affected. 

The licensee may request to cancel the licence; however, any refunds will be solely through The Video Agency’s discretion and on a case-by-case basis. 

Cancellation by The Video Agency, or a cancellation request by the licensee, must be done so in writing. 

The Video Agency reserves the right to pursue legal action for any misuse of Visual Content. 

d. INDEMNIFICATION 

The Video Agency accepts no liability for any legal proceedings or breach of law incurred by a licensee using The Video Agency’s Visual Content. By purchasing any licence, you hereby indemnify The Video Agency from any damages, liabilities or expenses arising from your usage of Visual Content. 

The Video Agency warrants that it has the copyright and right to sell, distribute and/or license the images which it purports to do so. 

If at any time this document changes, the changes will not be applied retrospectively to any existing licence.

e. DEFINITIONS 

Licensee - any person who purchases a licence from The Video Agency to use Visual Content within the parameters named above. 

Perpetual - there is no expiration or end date on your rights to use the content. 

Non-exclusive - The Video Agency can licence the same content to other customers. (If you would like to purchase an image for exclusive use you will need to purchase EXCLUSIVE IMAGE LICENCE)

Sub-licence – A licence granted by a licensee, which extends to a third party.