WEBSITE TERMS AND CONDITIONS OF USE

All Photographs appearing on the Picdesk Pty Ltd web site (www.picdesk.com.au) are copyrighted and protected under Australian and International copyright laws. The photographs may not be reproduced in any form, stored, or manipulated without prior written permission in the form of a ‘Picdesk Licensing Agreement’.

Licensing Agreement

Each and every time an image is licensed by Picdesk Pty Ltd, the purchaser will be provided with a license agreement. The license agreement is relevant to that sale only. The purchaser may only exploit the image as per the conditions set out in that license agreement. If you do not agree with these terms and conditions or the conditions set out in the license agreement, you should not exploit or employ the image in any way.

Cancellation of License Agreement

Picdesk Pty Ltd may immediately terminate all licenses granted to you without notice if you fail to comply with the specific license agreement or with any provision of these Terms and Conditions. If a license is terminated, you agree to (i) immediately stop using this site and the Images, (ii) immediately delete all images and all magnetic media and destroy all other copies, or at Picdesk Pty Ltd request, return all such copies to Picdesk Pty Ltd. Your use of this site and any images shall comply with all applicable law. Picdesk Pty Ltd may restrict or remove your access to this site at any time, or restrict or remove the use of any image for any reason, and you agree to immediately discontinue all use of the Image upon notification from Picdesk Pty Ltd.

Unauthorised Use

Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose of use, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark or any person/entity. Unauthorised use of these images constitutes copyright infringement and shall entitle Picdesk Pty Ltd to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Picdesk Pty Ltd’s rights or remedies in connection with any unauthorised use.

Indemnification

You agree to indemnify, defend, and hold harmless Picdesk Pty Ltd against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

Picdesk Pty Ltd provides you with its site and images on an “as is” basis. Picdesk Pty Ltd makes no warranty, express or implied regarding any images, its site, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the site or any service will be uninterrupted or error-free.

Site Access Details

All parties registering to the site, www.picdesk.com.au, agree to keep the ‘Site Access Details' provided by Picdesk Pty Ltd, including username, password and all other relevant information private and confidential. Any misuse of images resulting from these details being shared, whether purposely or not, will result in the registered party being held responsible and liable to pay any damages, compensation, reimbursement and legal fees to Picdesk Pty Ltd and/or any third parties affected.

Payment Terms

Picdesk Pty Ltd will provide the purchasing party with an invoice at the time of purchase. The method of payment will be set out in the invoice and as part of the licensing agreement provided by Picdesk Pty Ltd. The agreed fee is to be paid in full within 7 days of the purchasing party receiving the High Resolution Image.

Privacy Policy

Picdesk Pty Ltd will not provide any third parties with any data collected from www.picdesk.com.au with out prior consent.