PURCHASE TERMS AND CONDITIONS [15/OCT/2007]  

This is a legally binding agreement between the seller (the relevant photographer) and the buyer (you) on the terms and conditions of sale and transfer of images through this site (site name). The buyer must agree to these terms and conditions before a sale is finalised.

DEFINITIONS

I. Buyer- you, the person purchasing an image or the rights to use an image

II. Seller- the photographer selling the image or rights to use an image

III. Photographer- person responsible for capturing and uploading the image to the Site, or the photographer’s elected representative.

IV. Site- this website (www.litjens.com.au)

V. Image, picture, photograph- all transparencies or digital image files contained in this site or sold through this site in any form.

SUITABILITY OF IMAGE(S)

I. The buyer of the image has the opportunity and responsibility to assess the suitability of the image(s) before purchase. If rights to use an image are purchased, the buyer has agreed that the image is suitable for its intended purpose.

INDEMNITY

I. The seller assumes no responsibility for use or misuse of any images, and as such will not be part of any legal action taken against the buyer by a third party in the case of use or misuse of any images obtained through this site.

II. Every attempt is made by the photographers to ensure image descriptions contain the correct information for each image, although no guarantee will be made.

III. All attempts have been made to ensure the security of this site, and as such we assume no responsibility for computer viruses, loss of data or performance in any way.

USE OF IMAGES

I. Images used must be credited to the relevant photographer – photo/photograph/image:[photographer’s name]

II. Images are not be used to promote the destruction of a species or any environment.

III. Images are not to be used in a pornographic, antisocial or misleading manner.

IV. Images are not to be altered in any way except to correct colour/brightness/contrast or to crop unless explicit written permission is given by the relevant photographer

V. Images are not to be used for uses other than those outlined in the licence relevant to it.

VI. An image may not be used until its licence has been issued unless prior arrangements have been made.

VII. The photographers reserve the right to use images or parts thereof for use on the site.

TRANSACTIONS

I. All efforts have been made to make the transactions on this site as secure as possible and as such we will take no responsibility for loss of any kind.

II. Images will not be sent until transaction(s) are approved.

ITEMS SENT BY MAIL

I. Products sent by mail, once they are in the hands of the nominated mail carrier(s) are not in our control, and as such we are not responsible for loss of any kind or late arrivals.

REFUND POLICY

I. Only images which are considered defective or faulty may be refunded.

II. The buyer of the image(s) has 7 days after receiving images to act upon defective or faulty images otherwise all sales are considered final.

III. Images may not be refunded as a result of a change of mind.

IV. If an image is refunded, the buyer and seller are to agree on a way to refund relevant funds.

V. Upon refund, relevant licence(s) to use image(s) will become cancelled and therefore void.

IMAGES AND OTHER PRODUCTS CONTAINED IN “FREE STUFF” SECTION

I. Products contained within the “Free Stuff” section may only be used free of charge for non-profit uses.

II. If a product contained within the “Free Stuff” section is sought after for commercial use, it must be purchased for the relevant fee and licenced.

III. Use of images and other products contained within the “Free Stuff” section are subject to the conditions outlined under the “USE OF IMAGES” section within these terms and conditions.

IV. No licence is required to use any of images or other products contained in the “Free Stuff” if used for non-profit use(s).

BREACHES OF TERMS AND CONDITIONS

I. Breaches of terms and conditions may result in legal action.