MiningPhoto.com Licensing Agreement

You acknowledge that you have read this agreement, understand it, and agree to be bound by its Terms and Conditions. You further agree that is is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject of this agreement.

This is a legal agreement between you and Photo7, holder of the images located on this site, MiningPhoto.com and CDs.

Using the images from MiningPhoto.com signifies that you agree to and accept these terms and conditions.

General Conditions

By using this website, you agree to indemnify and hold Photo7 and its photographers, harmless from any and all claims, liabilities, damages costs and expenses arising from the use of an image or any breach of this agreement.

Images on this site are provided with the understanding that no model releases and property releases exist unless otherwise stated. Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. You may not use images in ways that are libellous, pornographic, defamatory, infringing, or obscene.

License Grant

Photo7 licences you to use the CD and images only as provided below in Australia and other countries on a non-exclusive and non-transferable basis. All other rights to the CD and its images, including without limitation, copyright and all other rights, are retained by Photo7.

Permitted Usage

  1. By this agreement, Photo7 grants to you (the registered user) the non-exclusive, non-transferable right to use the image(s) in any electronic or print media, including advertising, brochures, editorial, internet, newsletters, magazines, and billboards for you or your direct clients or customers, who must be the end-user. All equipment accessing the images must be operating under one organisation.
  2. You may back up, copy, or archive the CD or image as is necessary for your own personal use only.
  3. You may modify the images to suit your needs, as agreed in the terms and conditions, provided that the rights to any derivative work shall belong to miningphoto.com. Such altered work may be used only as permitted in accordance with these terms and conditions, and you hereby assign any and all copyrights with respect to such derivative work to miningphoto.com.

Licence Restrictions

You may not:

  • Sub-license, sell, resell, distribute, give away, lend, rent, lease or provide to others any portion of the images from the CD-ROM.
  • Use any image from the CD-ROM in any form of pornography, or in any other manner which is in any way consider to be defamatory, libellous, obscene, immoral, or fraudulent of any person or entity or otherwise unlawful.
  • Use images with logos or trademarks without authorisation from the authorities of the logo or trademark. Crop individual people from groups larger than 6 people and use them as an individual in your project.
  • Use the images in products for resale other than newspapers and magazines that have no more than a monthly shelf life.
  • Use the images for calendars, postcards, saleable books, posters and framed prints. Remove any miningphoto.com trademark or copyright from any place where it appears on the CD or image.

Warranties

Where appropriate, the images are model-released, but this release exclusively relates to the use permitted by this License Agreement, unless notified.

Photo7 also warrants that the CD disc is free from defects in materials and workmanship for 90 days following the receipt of the product. Photo7 makes no warranty of any kind on the quality of the images or compatibility with other computer products. Your sole remedy against Photo7 shall be limited to replacement of the CD-ROM.

Neither Photo7 or its contactors will be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of the image including any lost profits or any claim of a third party.

You agree to indemnify and hold Photo7 harmless against all claims arising out of any breach of this agreement.

General

All rights to MiningPhoto.com CDs and their images are owned by Photo7 and are protected by international copyright laws. Photo7 retains the rights not expressly granted by this agreement. You accept the legal and financial responsibility for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT OF THIS AGREEMENT.

Last Revised: 26th November 2010

MiningPhoto designed and implemented by Bernard Zajac