Terms & Conditions – Copyright

Terms, Conditions and Copyright

All photographs/videos on this site are protected under international copyright laws.

The purpose of this website is to show examples of my work and offer licences to use these photographs/videos. The photographs/videos displayed are not intended to be used in any way or downloaded without consent. No photographs/videos displayed on this website is in the public domain. The copyright is owned by Gilbert Romane, GiRoPhoto ABN#: 67 170 239 014. Any unauthorized downloading or copying of photographs/videos for any purpose whatsoever is a breach of copyright and strictly prohibited.

If you want to use any of the photographs/videos on this site they may be available for licensing but this must be negotiated prior to any use, including any ‘rough layouts’ or ‘mock up page’ or to show another photographer as an example of a shooting style.

Please contact me directly via the website contact page, www.girophoto.com/contact if you have any requests for image/video use.

No free licenses are granted in exchange for credits or links.

GENERAL TERMS AND CONDITIONS FOR LICENSING PHOTOGRAPHS/VIDEOS

1. Definitions

For the purpose of this agreement “the client “means the Client requesting the photographs. “the photographer” means any individual photographers, employees, assistants, or any other parties engaged by GiRoPhoto. “photographs” means all photographic material furnished by the photographer whether transparencies, negatives, prints or any other type of physical or electronic material. “videos” means all video material furnished by the photographer whether as a whole or in part.

2. Copyright.

The copyright of the photographs/videos is owned by and retained by the Photographer at all times throughout the world. The Client agrees that the Photographer is the sole author of the photographs/videos.

3.Grant of Rights:

The Photographer represents and warrants that he is the owner of the photographs/videos and has the unrestricted right to grant this license and rights.

4.Payment:

Licensing fees can be paid by electronic bank transfer or Paypal. For accounts or purchase orders, full payment must be received within 14 days after the invoice date or prior to publication. Rights are not transferred before payment is received.

5.Photo Credit:

(Mandatory for editorial uses): The photographer’s name will be printed in reasonable proximity to all published reproductions of the photographs/videos unless agreed otherwise. If licensed for web use, credit must link to www.girophoto.com

6.Copies

Client shall provide, if requested, one printed copy and one digital copy of the use.

7. Licence to use

The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the photographers express permission in writing.

The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without the photographers express permission in writing. Any other use or reuse requires a new Licence.

The Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the photographs/video without the prior written consent of the Photographer.

The License granted is not effective until the Client has paid the Fees and Expenses in full.

8. Photographers promotional use

The photographer will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting their work even when an exclusive licence is granted.

9. Ownership of materials

Title to all Photographs/Videos remains the property of the photographer. When the Licence has expired the photographs/videos will be returned to the photographer.

9.Releases:

Unless otherwise stated Gilbert Romane/GiRoPhoto does not have model, property, or other releases. Client indemnifies Gilbert Romane/GiRoPhoto against all liabilities and expenses arising from unauthorized uses.

10. Warranty and Indemnity

The Client warrants to the Photographer that it has the capacity and authority to enter into this Agreement and it will only use the Photographs/Videos in accordance with the License granted under this Agreement.

The Client further agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of the above warranties.

11. Client Confidentiality

The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography/videography save as may be reasonably necessary to enable him to carry out the work.

12. Variations

These terms shall not be varied except by agreement in writing.

13. Applicable Law

This agreement is governed by the Laws of New South Wales, Australia.

Gilbert Romane/GiRoPhoto: Australian Business Number 67 170 239 014

Telephone: + 61 (0) 459 200 212