Terms & Conditions

Notice : Peter Sanderson maintains this site ( www.stockphotopics.com) for your information, education and commercial use. Please feel free to browse the Site. If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only in accordance with the Standard Terms and Conditions for Users of Images. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the Site. Additionally, you may not distribute or transmit (except in accordance with the Standard Terms and Conditions for Users of Images), modify, reuse, republish, frame, upload to a third party, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Peter Sanderson’s prior written permission.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below. If you are desirous of licensing in accordance with the Standard Terms and Conditions for Users of Images an Image(s) available to users of the Site, you will also be subject to the Standard Terms and Conditions for Users of Images.

1. All material on the Site is protected by copyright unless otherwise specifically noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
   
   
2. Your use of the Site is at your risk. Peter Sanderson makes no warranties or representations as to its accuracy and, to the extent permitted by law, Peter Sanderson specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Peter Sanderson nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site whether due to a breach of contract, breach of warranty, negligence, or otherwise. Without limiting the foregoing, everything on the Site is provided to you "AS IS" and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
   
   
3. To the fullest extent permitted by law, Peter Sanderson’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Peter Sanderson’s option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
   
   
4. Features and specifications of products described or depicted on the Site, or available for purchase through the Site, including, without limitation, prices of products or services displayed on the Site and delivery or other charges are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
   
   
5. Peter Sanderson assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Peter Sanderson also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
   
   
6. If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Peter Sanderson or his affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to Peter Sanderson an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
   
   
7. Materials displayed on the Site are either the property of, or used with permission by, Peter Sanderson. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.
   
   
8.  The Site refers to products and/or services that are generally available for purchase in Australia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality.
   
   
9. Peter Sanderson is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Peter Sanderson may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. To the extent permitted by law, Peter Sanderson disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
   
   
10. Although Peter Sanderson may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Peter Sanderson is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Peter Sanderson will fully cooperate with any law enforcement authorities or court order requesting or directing Peter Sanderson to disclose the identity of anyone posting such materials. In addition, you will not:
    
    
    a. Restrict or inhibit any other user from using or enjoying the Site;
    
    b. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
    
    c. Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
    
    
11. Any order placed by you on the Site is an offer by you to purchase the particular product or service specified. Peter Sanderson reserves the right to accept or reject your offer for any reason, including, without limitation, and error in your order or in the material on the Site, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the Terms and Conditions of Sale of that product or service.
    
    
12. Peter Sanderson may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page by clicking the Website Terms & Conditions link.

ROYALTY FREE LICENCE AGREEMENT

By using an Image(s) or exercising any rights granted under this Royalty Free Licence, you agree to be bound by this Agreement.

"Image(s)" means all images and related informational materials in any medium identified on the Licence Terms / Invoice and provided by Peter Sanderson, including related text, captions, or information. You agree to payment for the Licence(s) of the Image(s) according to Licence Terms / Invoice and this Agreement. The Copyright Owner grants to you a non-exclusive, non-transferable right to use and reproduce Image(s) from the www.stockphotopics.com website in the following, and only the following, ways:

• Print Uses - any printed materials, but not "retail photo products" (defined below). Acceptable uses include promotional items (greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars), magazines, newspapers, advertising, editorials, catalogues, flyers, brochures, reports, disposable packaging, book covers, and educational textbooks. Unauthorized "retail photo products" include, without limitation, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "photo mugs", and mouse pads, offered for sale (wholesale and retail).
• Other Than Print Uses - any electronic or digital materials provided that no Image(s) is at a resolution greater than 600x800 pixels and each Image(s) is incorporated into a design in such a manner to make it clear that the Image(s) is not intended to be separately downloaded, copied, or distributed.

Restrictions

Peter Sanderson may, as the Copyright Owner, at any time during the term of this Agreement notify you that certain Image(s) are no longer available for use under this Agreement and upon such notification, the Licence(s) granted by the Copyright Owner shall automatically and immediately terminate. Your sole remedy for any recalled Image(s) shall be, at Peter Sanderson’s sole discretion, the replacement of such recalled Image(s) with another Image(s) or refund of any Licence(s) fee paid attributable to such recalled Image(s).

Peter Sanderson as the Copyright Owner cannot anticipate all possible uses of an Image(s), either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image(s) in combination with any other material.

Without limitation, Image(s) may not be utilised: as a trademark or service mark; for any pornographic, unlawful purpose or use; to defame any person; to violate any person's right of privacy or publicity; to infringe upon any copyright, trade name, trademark, or service mark of any person/entity; for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image(s) in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.

"Non-transferable" as used in connection with the grant of Licence(s) under the heading “Use of Image(s)” above, means that the work you produce using an Image(s) must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sub-licence, or otherwise transfer to anyone the Image(s), or the right to use an Image(s) (except insofar as an Image(s) has been incorporated by you into one of the permitted uses stated above), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image(s). You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image(s).

When an Image(s) is Licensed by a company, this licence Agreement authorises no more than five (5) individuals to use the Image(s) Licensed and exercise the rights described in this Agreement. You may not place the Image(s) on computer or other storage device that is accessible by more than one (1) user at a time via a network connection or otherwise.

Termination

The Licence(s) to use the Image(s) granted under this Agreement remain in force for the Time Period / Duration stated in the Licence Terms / Invoice or, if no Time Period / Duration is stated, for one (1) year from the date of the Licence Terms / Invoice.

Following the expiry of the Time Period / Duration, your Licence(s) to use the Image(s) will terminate automatically. Your Licence(s) to use the Image(s) will also terminate automatically if you fail to comply with any term of this Agreement. The Agreement will also terminate without further action or notice by Peter Sanderson if you become bankrupt, go into liquidation, suffer or make any winding-up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in any jurisdiction in consequence of any debt.

Upon termination of this Agreement for any reason you will destroy the Image(s) together with any copies in any form, including copies on your hard and back-up disks, in your possession or control. You will provide Peter Sanderson with written confirmation of such destruction from an authorised officer of your company or personally from an individual. Any use of any copies of the Image(s) after termination of the Licence(s) is unlawful.

Privacy Policy

This Privacy Policy applies to the goods and services offered by Peter Sanderson.

Personal Information

1. Peter Sanderson is committed to safeguarding personal privacy. He recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Peter Sanderson will only collect and use personal information as set out below.
2. Peter Sanderson has developed and implemented its Privacy Policy with respect to Personal Information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Australian privacy legislation (collecting personal information).
3. Peter Sanderson will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what has been provided voluntarily.
4. When a product is purchased or through marketing activities (online, in a store, over the telephone etc.), personal information may be requested (such as name and address) in order to service product, provide replacements or update information, and advise of other Peter Sanderson products, which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in Peter Sanderson being unable to sell you products and/or provide certain services including after sales services.
5. Peter Sanderson’s policy for collecting personal information from children under the age of 13 is to seek the permission of a parent or guardian for the collection of this information.

Use of Cookies

1. Cookies are pieces of information that a web site transfers to a computer's hard disk for record keeping purposes. Most web browsers are set to accept cookies. Peter Sanderson uses cookies to make use of the website and services as convenient as possible. Cookies do not themselves personally identify users, although they do identify a user's browser. Cookies allow Peter Sanderson to monitor the items an individual may want to access as they move through the site, and records how many people are using the different parts of the site. It is possible to set the browser to refuse cookies, however, this may limit the services provided by www.stockphotopics.com website.
2. Using and disclosing your personal information
3. Personal Information will be used for the following primary purpose:
   
   • To fulfil obligations under any sale and purchase contract and/or any other contract between the individual and Peter Sanderson.
   • To render services related to Peter Sanderson’s business such as warranty or after sales services.
   • To provide information about products, service and/or special offers.
   • To obtain opinions or comments about products and/or services.
   • To record statistical data for marketing analysis.
   • For the purpose described above, personal information may also be shared with a service provider or other professional.
     
4. Peter Sanderson recognises the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Peter Sanderson, or any member of the public, or to lessen a serious threat to a person's health or safety.

Contact by Peter Sanderson

1. Peter Sanderson may contact individuals via telephone, SMS, email, post or any other form of electronic or conventional communications channel using the information provided in order to:
• Provide information that may be of interest about upgrades, new Peter Sanderson products, special offers and other matters that may be of interest.
• To send newsletters.
2. Peter Sanderson does not send advertising information without obtaining prior consent. If an individual receives communications from Peter Sanderson which they do not wish to receive, they may remove their name from the database either by contacting Peter Sanderson via email from the www.stockphotopics.com website at the link “contact us”. Please allow 14 days for this request to be processed.

Individual’s Right of Access
Individuals have the right to review the information that may be recorded on the www.stockphotopics.com database. Information may be reviewed by sending an email from the www.stockphotopics.com website at the link “contact us”.

Changing and Deleting the Information
Information contained on the database may be amended by sending an email from the www.stockphotopics.com website at the link “contact us”. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Peter Sanderson being unable to sell products directly and/or provide certain services including after sales services.

Storage and Security of Personal Information
Peter Sanderson will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate and up to date. The information is stored on secure servers that are protected in controlled facilities. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Peter Sanderson will not be held responsible for events arising from unauthorised access to personal information.

Peter Sanderson of www.stockphotopics.com and Links to Other Websites
Peter Sanderson may provide links to websites outside of the www.stockphotopics.com site. These linked sites are not under the control of Peter Sanderson, and Peter Sanderson is not responsible for the conduct of companies linked to the www.stockphotopics.com web site.