Shutterbirds
Jenny Archer & Jen Evans
406 Penguin Road
Ulverstone TAS 7315
m: 0418 550 700
e:  info@shutterbirds.com.au
w:  www.shutterbirds.com.au

terms

Your Agreement:

The following is a legal agreement between you and Shutterbirds. Please read this agreement carefully before purchasing any photograph. By purchasing any photograph, you agree to be bound by the terms of this agreement.


All photographs are copyrighted. The individual photographers own all rights to the photographs. All rights are reserved by Shutterbirds and their photographers unless otherwise granted to you.

Your rights to use the photographs are subject to this agreement and are conditional upon your payment for the photographs to Shutterbirds. If at any time your account becomes delinquent, you relinquish all rights to all photographs you have received until all payments and interest are made.

By this Agreement, Shutterbirds grants you a personal, non-exclusive, non-transferable, right to use and reproduce photographs in the following ways:
1. Use of an image for web sites, multimedia presentations, and broadcast film and video.
2. Use of an image for magazines, newspapers, books, eBooks, pamphlets, brochures, catalogs, book covers, textbooks, editorials CD/DVD cover art, and advertising.
3. In connection with your business identity on letterhead, posters, brochures, or business cards. If you plan on using photographs for client work, you must keep accurate and detailed records of which clients you have used photographs for.

You agree to indemnify and hold Shutterbirds, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this Agreement.

Neither Shutterbirds or any of its employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs.

This Agreement is governed by the laws of Australia.

Shutterbirds makes no representations or warranties whatsoever as to the legality or validity of any Release associated with a photograph.

Shutterbirds makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph. You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of any photograph have been secured by you. 
 

Flexible Licences:

We take a flexible approach to image licensing. If you would like exclusive rights to an image or want it for multiple uses or anything else please contact us as we are happy to negotiate with you.
 

Use Restrictions:

You may not:
1. Use an photograph other than as specified in the preceding section.
2. Use a photograph with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
3. Use an photograph in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive - this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
4. Resell any photograph.
5. Share any photograph by providing access on shared disk drives or network.
6. Use the photograph in a website template that you plan to sell or transfer to others.
7. Use any photograph as part of a trademark or patent image.
8. Use any photograph as part of a logo.
9. Produce printed reproductions of any photograph on canvas or paper to be sold.

"Non-transferable" as used herein means that except as provided in these terms, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the photographs or the right to use the photographs.

In addition, the work you produce with the photographs must be used for your direct employer, client, or customer, who must be the end user of your work.

You agree to take all commercially responsible steps to prevent third parties from duplicating any photographs. This may include invisibly watermarking the photograph and identifying that Shutterbirds owns the image on the document you intend to use the photograph.