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WotaSHOT.com LICENCE AGREEMENT
This Licence Agreement (Agreement) is between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) (You) and Wotashot Group Pty Ltd (ACN 121 458 035) (acting only as agent for the Registered Photographer specified in the Confirmation) (wotashot.com).
The terms of this Agreement govern your use of the image that you have chosen to purchase from the website (Image). By clicking on the "I Accept" button at the end of this Agreement, You are indicating that you agree to be bound by all terms of this Agreement. This Agreement must be read in connection with the confirmation created as a result of Your purchase (Confirmation). wotashot.com may change the terms of this Agreement at any time and without notice. If you do not agree to be bound by the terms of this Agreement you should click on the "I Decline" button at the end of this Agreement. In that case, you are not permitted to download or use any Image.
If you are a natural person under 18 years of age, then your parent or guardian must agree the terms of this Agreement on your behalf. Until your parent or guardian agrees these terms on your behalf, there will be a presumption that these terms are binding on you to the extent permitted in law.
Licence
wotashot.com grants you a non-exclusive, revocable licence to reproduce the Image solely for the personal and private use only (Purpose). The Image may not be used for a purpose other than the Purpose without the prior written consent of wotashot.com.
Any requests for a licence for anything other than the Purpose (Extended Licence) should be made to wotashot.com via the "Contact Us" section and should detail the proposed use of the Image, the details of the Image and/or a link to the Image. The rights to the Image remain the property of the registered photographer or rights holder therefore, we cannot guarantee that you will be granted an Extended Licence or the content of the terms and conditions of the Extended Licence.
You acknowledge and agree that except for the licence granted in this Agreement, You have no right, title or interest in any of the Images. You may not reproduce, loan, sell or licence the Image without the prior written permission of wotashot.com. All rights not expressly granted in this Agreement are reserved by wotashot.com.
Use of Images
You agree not to use any of the Images in a manner which would contravene any law of any country in which any of the Images are to be published, including laws relating to defamation, pornography, rights of privacy and intellectual property. You agree not to use any of the Images in a manner or associated with material that would damage wotashot.com's reputation or goodwill. You must inform wotashot.com promptly of any claim of legal liability concerning the use of any of the Images. Except as provided in this Agreement, the wotashot.com logo and name may not be used in any way without the prior written permission of wotashot.com. You may not manipulate or distort the Image without the prior written permission of wotashot.com.
Attribution of Images
In any use of an Image in any medium, You must include a credit, or procure a credit, next to each Image in the following form: "John Smith/wotashot.com" where "John Smith" is the name of the Registered Photographer. On the of request wotashot.com, you will provide us with a copy of the publication or document in which the Image is included (if any).
Electronic Storage of Images
An Image must not be duplicated, scanned or electronically retained except as necessary for the Purpose.
Warranty
To the full extent permitted by law, wotashot.com excludes all warranties, statutory, express or implied, in relation to the license of the Image. Where any statutory terms may not be excluded, liability in respect of them is limited to repair or resupply of goods.
Releases
wotashot.com does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in an Image. You are responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of an Image. You acknowledge that any Image licensed by wotashot.com of a person, including a person well known to the general public or engaged in competitive sport, may not be used in a manner which can be reasonably construed as that person's endorsement of a product or service, nor may any Image be used in a manner which can be reasonably construed as derogatory or defamatory of that person. You indemnify wotashot.com and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licences or permissions.
Infringement of Copyright
You must notify wotashot.com of any activity of which you become aware which infringes, or may infringe, the copyright in any Image. If there is infringement of copyright in any Image, You agree to provide assistance to wotashot.com as reasonably required, including being joined in any proceeding at wotashot.com's expense. If wotashot.com takes legal proceedings at its own expense, wotashot.com will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. wotashot.com will be under no obligation to take any action in the event of infringement.
No Liability
To the maximum extent permitted by law, wotashot.com will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Agreement, including (without limitation) wotashot.com's negligence, wilful act or default or any computer virus contained in an Image. This limitation of liability applies even if wotashot.com has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of wotashot.com and You at the date of this Agreement as a probable result of any act or omission. In addition, You agree to indemnify and keep indemnified wotashot.com from and against any and all loss, damage or liability whether criminal or civil suffered by wotashot.com and resulting from any act, omission, negligence or default of You or Your agents, principals, customers, clients or contractors, or arising out of the use of an Image by You in any manner or for any use or purpose whatsoever.
Termination
In event of breach by You of this Agreement, wotashot.com may terminate upon notice to You. Upon termination or expiration of this Agreement for any reason (i) all rights granted to You will automatically revert to wotashot.com; and (ii) You must immediately cease any use of the Images and must delete the Images and all copies of them from all electronic and or removable media and destroy all other copies of the Images, or upon request by wotashot.com, return all those copies to wotashot.com.
Assignment
You may not assign, licence or transfer any rights granted to you or any of your obligations under this Agreement without the express written permission of wotashot.com.
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
Notice
wotashot.com may give you notice by email, conventional mail, facsimile or personal service. You may give wotashot.com notice by electronic mail to the email address specified in the "Contact Us" section of this website.
Severance
If a provision of these terms is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.
Governing Law
These terms are subject to the laws of the State of Victoria, Australia. You and wotashot.com agree to submit to the non-exclusive jurisdiction of the courts of that State.
Entire Agreement
These terms and conditions represent the entire agreement between you and wotashot.com on the subject matter.
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