Website licence terms
INTRODUCTION
The following terms and conditions apply to Your use or downloading of an image (Image) from the Lonely Planet Images website (Website) ("Terms"). You should read the Terms before using the Website or downloading an Image.
WEBSITE TERMS OF USE
1. These Terms may change from time to time without notice. You should check these Terms regularly.
Ownership
2. We operate the Website and either own, or are licensed to use, all of the content, including graphics, images, film, sound, illustrations, software and trade marks, used on the Website (Content).
3. Other than as allowed for comping, You must not copy or transmit Content or an element of the Website. Your use of the Website does not grant You any ownership rights in the Website or the Content.
Types of licences
4. There are two types of licenses in this Agreement:
- a Comping Licence; and
- a Rights-Managed Licence.
The General Licensing Terms which are set out in the last section of this document apply to both types of licences.
COMPING LICENSE TERMS
5. If granted comping rights status by Us, You may download an Image from the Website on a non-exclusive basis for the purposes of reproducing the Image for personal, non-commercial use or for test or sample purposes (Comping Licence).
6. Unless you are also granted a Rights-Managed Licence or Subscription by us, on the terms set out below, You must not use the Image for any other purpose.
Privacy
7. If You register to download Images from the Website, We will collect personal information about You and We will handle Your personal information in accordance with Our Privacy Policy.
RIGHTS-MANAGED TERMS
Introduction
These terms apply to Images accessed on a Rights-Managed Licence and Subscription basis.
8. You cannot download or use an Image unless:
- (1) You (and any user you authorise) are at least 18 years old; and
- (2) Any user you authorise uses the Image solely for Your benefit.
Licence
9. After You have completed Your order for an Image, We will send you in an electronic invoice if there is a fee payable for use of the Image(s) you have ordered.
10. Your rights to use the Image (including the purpose you may use the Image, and whether you may use the Image exclusively) are described in the invoice and in this Agreement. You may download or use an Image solely for the purpose specified in the Invoice.
Licence fee
11. You must pay the fee specified in the invoice for the licence to reproduce the Image (Licence Fee), together with any applicable taxes, either at the time of downloading the Image, or in accordance with the payment terms specified in the Invoice. If You do not include the photographer and image library credit specified in clause 18(2) each time You use the Image, We may increase the Licence Fee to cover any additional costs We may have incurred as a result of such non-attribution.
Subscription
12. If You order access our Images on an ongoing basis (Subscription), this will be noted on the Invoice, and we will describe the terms of access (including the maximum number of images, period of access, licence term and scope of use for each Image, fees and record keeping requirements).
GENERAL LICENSING TERMS
Introduction
13. These general licensing terms below apply to all Images downloaded or used under the Comping Licence, Rights-Managed Licence or a Subscription.
Use of images
14. We work hard to ensure that Your use of any Image will not infringe the intellectual property rights of a third party. However, You must:
- (1) promptly inform Us of any claim of legal liability concerning the use of Image;
- (2) unless the Image has been licensed for commercial use or has otherwise been agreed between the parties, include a credit next to each Image in the form of "[Photographer name]/Lonely Planet Images" or such other credit as specified in the Invoice; and
- (3) if We request it, provide Us with two copies of any print or digital publication, document or other product in which the Image is included, or a hyperlink to the website incorporating the Image, before publication (or as soon as reasonably practical after publication).
- (4) stop using the Images if We notify You in writing that a particular Image is no longer available for use, including because it infringes someone’s intellectual property rights. We will provide You with a replacement Image or refund the Licence Fee on a pro-rata basis. You are not required to destroy or withdraw from circulation any printed publications or other tangible products in existence at the time We require an Image to be withdrawn.
Restrictions on use of images
15. You must not:
- (1) use the Image in any pornographic, defamatory, obscene or otherwise illegal manner;
- (2) use the Image in a logo, trade mark or service mark;
- (3) use the Image featuring a model or property:
- (a) in connection with a subject that could reasonably be considered to be unflattering or sensitive (for example, AIDS, sexually transmitted diseases, contraception, substance abuse and physical or mental ailments); or
- (b) in a manner that represents the use or endorsement of a product or service by the model or property,
- unless You obtain Our prior written consent;
- (4) make the Image available for downloading separately or in a format designed or intended for permanent storage or re-use by website users;
- (5) modify the Image, except for colour correction, removal of minor imperfections and moderate cropping unless You obtain Our prior written consent;
- (6) sub-licence, re-sell or otherwise distribute the Image separately or detached from a product or web page; or
- (7) use Our trade marks, except as provided in this Agreement, unless You obtain Our prior written permission.
Storage of images
16. You must:
- (1) only use or retain a single copy of an Image on Your local computer network and not otherwise make, use or distribute copies of the Image for any purpose;
- (2) retain any identification number and copyright information included with the Image that We give You;
- (3) use Your best endeavours to protect the Image from unauthorised access and use; and
- (4) unless We otherwise agree, delete the Image from all electronic and removable media and destroy any other copies of the Image within 60 days from the date on which You download the Image. You may keep 1 copy for archival purposes of the finished product in which the Image is incorporated.
Infringement of intellectual property rights
17. You must notify Us if You become aware, or suspect, that any third party has gained access to the Image through You. You must provide Us with reasonable assistance We require to prevent the infringement of any intellectual property rights in the Image that arises out of a third party gaining access to the Image through You.
Model and property releases
18. Unless it is specifically stated on the Website or in the Invoice that We have secured a model or property release from any third party in respect of a particular Image, you should not assume that we have obtained such a release. This includes releases and rights in relation to names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in the Image. However, you can use any Image editorially (meaning you can express an opinion about the Image) but not for commercial purposes.
Disclaimer
19. When you download or use an Image from our Website, we are not aware of any particular purpose for which you intend to use that Image. You need to ensure that any Image is suitable for any purpose for which you intend to use it.
20. We will use all reasonable care and skill to ensure the accuracy, correctness and reliability of the Website and the Content but We cannot always guarantee that the Website or the Content will be error free or continuous.
Warranties
21. We warrant that:
- (1) the Images will be free from defects in material or workmanship for a period of 30 days; and
- (2) subject to paragraph 18 and Your usage obligations under this Agreement, the Image will not infringe the intellectual property rights of a third party.
Limitation of liability and indemnities
22. We are responsible for loss suffered by you as a result of a serious breach of contract by us if the loss was reasonably foreseeable by both you and us when you entered into these Terms. We are not responsible for the types of loss set out in paragraph 24.
23. We are also responsible for damage to property caused by our negligence if the loss was reasonably foreseeable at the time when you entered into these Terms however, we will only repair or replace the property (or pay to do so). We are not responsible for the types of loss set out in paragraph 24.
24. We are not responsible for:
- (1) loss that was not reasonably foreseeable;
- (2) loss that was not caused by our breach of contract or by our negligence;
- (3) business losses (such as lost data, lost profits or business interruptions) or loss suffered by non-consumers;
- (4) losses caused by factors which could reasonably be considered to be outside our control (such as faults in third party equipment); and
- (5) any loss caused, or contributed to, by your breach of contract or your negligence.
25. You must take all necessary steps to minimise the extent of any loss you may suffer in accordance with these Terms, and you must notify us in writing of your loss within 30 days.
Intellectual Property indemnity
26. You indemnify us against all losses, costs and expenses directly incurred by us, in connection with a demand, allegation, action, proceeding or claim against us arising out of or in connection with your use of the Image ("Loss"), but only to the extent that such Loss has not been contributed to by us breaching these Terms or any wilful or negligent act or omission by us. We must take reasonable steps to mitigate its Loss.
Termination
27. If You download but do not use an Image and You notify Us that You wish to cancel the order within 30 days of downloading the Image, We will refund you 50% of the Licence Fee for that Image.
28. If You breach any of Your material obligations under this Agreement and fail to rectify the breach in a reasonable timeframe that we notify to you we may terminate this Agreement and your licence to the Image.
29. On termination of this Agreement, or the licence for an Image, for any reason:
- (1) all rights granted to You will automatically revert to Us;
- (2) You must immediately cease any use of the Image and must delete the Image and all copies of it from all media and destroy all other copies of the Image except for copies of tangible products in existence at the time of termination and 1 copy kept for archival purposes in accordance with paragraph 16(4); and
- (3) You must immediately return to Us any original transparencies provided to You.
Dispute resolution
30. If a dispute between Us and You cannot be resolved between the parties, the dispute may be referred to mediation. Unless otherwise agreed, the mediation will take place in Melbourne, Australia and the mediator will be appointed by the Institute of Arbitrators & Mediators Australia.
31. Paragraph 30 above does not prevent Us from instituting court proceedings seeking preliminary or permanent injunctive relief or in relation to paragraph 11.
GENERAL
31. The rights licensed to You to use the Images are only granted to You (or Your authorised user). You may not licence any rights granted to You or any of Your obligations under this Agreement unless You obtain Our prior written permission. We may transfer all or any part of Our rights, interests, obligations or liabilities under this Agreement by assignment or novation.
32. If any provision of this Agreement is held to be unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Agreement will remain in full force and effect.
33. 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.
34. This Agreement will be interpreted, construed and governed by or in accordance with the law of the State of Victoria, Australia.
35. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
36. We, Us and Our means:
- (1) Lonely Planet Publications, Inc. of 150 Linden Street, Oakland, California, 94607, United States if You are resident in North America, South America, Central America, Caribbean (excluding Cuba), Micronesia including Guam, Johnston Island, Marshall Islands, Northern Mariana Islands and Palau (excluding Kiribati, Federal States of Micronesia, Nauru) and American Samoa;
- (2) Lonely Planet Publications Ltd (3970494) of 2nd Floor, 186 City Road, London EC1V 2NT, United Kingdom if You are resident in the United Kingdom, Ireland, Europe, Russia and Caucasus; or
- (3) Lonely Planet Publications Pty Ltd (ACN 005 607 983) of 90 Maribyrnong Street, Footscray, Victoria, Australia 3011 if You are resident in any other part of the world.
37. You means the person or company nominated in the registration section of the Website (including its directors, employees, officers, contractors, agents, principals, related bodies corporate and affiliates). If You are acting as an agent (including if You are an advertising agency), "You" also includes the end client specified in the Invoice. If You are not registered to download Images, You means the individual using the Website.