Terms & Conditions: Official AFL Photos - GSP Images - Editorial, Commercial and Prints on demand

Terms & Conditions

Terms & Conditions of image use

Images License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND GEOFF SLATTERY PUBLISHING PTY LTD ACN 070 697 522 ("GSP").

THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA ACCOUNT MANAGERS, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL ("THIS AGREEMENT").

1. Definitions. In this Agreement the following definitions apply:

1.1 "AFL" means Australian Football League. "VRC" means Victoria Racing Club.

1.2 "Editorial Purpose" means use of the Licensed Material for the purpose of reviewing, reporting on or commenting on current, historic or future events.

1.3 "Tax Invoice" means the computer-generated or pre-printed invoice provided by GSP or an authorised distributor that may include, without limitation, the Licensed Material selected, any limitations on the license in addition to those specified in this Agreement and the corresponding price for the license of such Licensed Material. The Tax Invoice and all information accompanying the Licensed Material on GSP’s website (including all areas of the purchase process) or information otherwise notified to the Licensee by GSP shall be incorporated into this Agreement and all references to this Agreement shall include the Tax Invoice and all that information.

1.4 "Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any copying, publication, distortion, alteration, cropping or manipulation thereof or any creation of derivative work thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is identified in the Tax Invoice and is licensed to the Licensee by GSP under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

1.5 "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of any Licensed Material, via any medium by whatever means, and the cropping of the whole or any part of the Licensed Material.

2. Grant of Rights. Subject to the terms of this Agreement (including but not limited to the restrictions and limitations specified or referred to in section 3):

2.1 the Licensee has the non-exclusive, non-assignable, non- sub-licensable right to Reproduce the Licensed Material for the usage and the term (if any) identified in the Tax Invoice. The usage identified in the Tax Invoice will be either a single use with an unspecified term or unlimited multiple uses during a specified term of the subscription ("Term"). Any usage additional to the usage identified in the Tax Invoice requires the prior written consent of GSP and the payment of additional fees to GSP to be negotiated between the Licensee and GSP. The Licensee has the right to Reproduce the Licensed Material in any and all media for the following purposes only:

2.1.1 Editorial Purposes;

2.1.2 Advertising and promotional purposes;

2.1.3 Commercial purposes;

2.1.4 Merchandising purposes; and

2.1.5 Any other purposes approved in writing by GSP;

2.2 the Licensee has the right to have the Licensed Material Reproduced by subcontractors of the Licensee for preparation of the final product for the licensed use, provided that the Licensee ensures that such subcontractors agree to abide by the provisions of this Agreement;

2.3 the Licensee may crop the Licensed Material provided that the editorial integrity of the Licensed Material is not compromised, but the Licensed Material shall not under any circumstances be altered, changed or tampered with, either manually or electronically, without the express prior written consent of GSP;

2.4 the Licensee's rights to the Licensed Material are Australia wide; and

2.5 if the Licensed Material is licensed to the Licensee for a single use (as identified in the Tax Invoice), the Licensee must only use the Licensed Material once. If the Licensed Material is licensed to the Licensee for multiple use during a Term (as identified in the Tax Invoice), the Licensee may only use the Licensed Material during the Term except that the Licensee may, after the Term, continue using the final products into which Licensed Material was incorporated during the Term (unless this Agreement was terminated because of the Licensee's breach of any provision of this Agreement). The Licensed Material may in no instance be used in a new product or for the first time by the Licensee after the Term.

3. Restrictions.

3.1 The Licensee shall not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement.

3.2 The Licensee shall not: (i) distort, alter or manipulate the whole or any part of the Licensed Material; (ii) create any derivative work from or incorporating the Licensed Material; or (iii) sell, license or distribute any derivative work from or incorporating the Licensed Material.

3.3 The Licensee shall not incorporate the Licensed Material into a logo, trademark or service mark.

3.4 The Licensee shall not :(i) post the Licensed Material online in a downloadable format or enable it to be distributed via mobile telephone devices; or (ii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products.

3.5 If any Licensed Material featuring a model, player or person image is used in (i) a manner that would lead a reasonable person to believe that the model or player personally uses or endorses a product or service; or (ii) connection with a subject that would be unflattering or unduly controversial to a reasonable person, the Licensee must accompany each such use with a statement that indicates that the person is a model or player and the Licensed Material is being used for illustrative purposes only.

3.6 The Licensed Material shall not be used in a pornographic, defamatory or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.

3.7 The Licensee must retain the copyright symbol, the name of GSP, the Licensed Material's image number or identification number and any other information as may be invisibly embedded in the electronic file containing the original Licensed Material. The Licensee shall not make additional high-resolution copies of the Licensed Material and the Licensee shall maintain a robust firewall to safeguard against unauthorised third-party access to the Licensed Material. Notwithstanding the foregoing, the Licensee may make one (1) high-resolution backup copy of the Licensed Material for security purposes only.

3.8 The Licensee must abide by any restriction on use notified to it by GSP before or at the time of delivery of the Licensed Material, either in the information accompanying the Licensed Material or otherwise.

3.9 If the Licensed Material is used for an Editorial Purpose, the Licensee must include the following credit adjacent to the Licensed Material: "GSP Images / <photographer name>" or as otherwise notified by GSP.

3.10 While efforts have been made to correctly caption the subject matter of the Licensed Material, GSP does not warrant the accuracy of such information.

3.11 The Licensee must abide by any restrictions or limitations placed on the use of the Licensed Material by third parties, including but not limited to the AFL. In particular: (i) the Licensee’s use of the Licensed Material must at all times accord with the relevant provisions of the Collective Bargaining Agreement between the AFL and the AFL Players Association; (ii) the Licensee must not use the Licensed Material for any purpose other than Editorial Purpose without first obtaining written consent; and (iii) the Licensee must not use the Licensed Material for any purpose related to or on the Internet (whether for Editorial Purpose, commercial purposes or other purposes) without first obtaining written consent. The Licensee must also take all commercially reasonable steps to abide by those restrictions or limitations notified to the Licensee after it has commenced using the Licensed Material.

4. Copyright and Trademarks.
No ownership or copyright in any Licensed Material shall pass to the Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, GSP grants the Licensee no right or license, express or implied, to the Licensed Material. In connection with the use of any GSP and/or AFL and/or VRC and/or other names, trademarks, service marks, logos, designs or works of art (whether registered, unregistered or copyrighted) ("Marks"), the Licensee acknowledges and agrees that:

4.1 those Marks which are the property of GSP are and shall remain the sole property of GSP, and those Marks which are the property of AFL are and shall remain the sole property of AFL, and those Marks which are the property of another person or entity are and shall remain the sole property of that person or entity;

4.2 nothing in this Agreement shall confer upon the Licensee any right of ownership in any one or more of those Marks; and

4.3 the Licensee shall not now or in the future contest the validity of any one or more of those Marks.

5. Warranty

The Licensee and GSP each represent and warrant that it has the full right and authority to enter into and perform its obligations pursuant to this Agreement.

6. Limitation of Liability.

6.1 GSP gives no releases and makes no warranties, in each case express or implied, regarding the Licensed Material, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

6.2 GSP shall not be liable to the Licensee or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, losses, costs or expenses arising out of or in connection with the Licensee's use or Reproduction of the Licensed Material or otherwise, even if GSP has been advised of the possibility of such damages, losses, costs or expenses.

7. Indemnification.

7.1 The Licensee shall indemnify and keep indemnified each of GSP, its related bodies corporate (as that term is defined in the Corporations Act 2001 (Commonwealth)), directors, officers, employees, contractors and agents against all losses, liabilities, damages (excluding punitive damages), costs and expenses (including reasonable legal costs and expenses on a full indemnity basis) and taxes, incurred directly or indirectly in connection with or arising from any claim by third parties relating to the Licensee's use of any Licensed Material outside the scope of this Agreement or any actual or alleged breach by the Licensee of any provision of this Agreement.

7.2 GSP shall notify the Licensee if it seeks indemnification under section 7.1. At the indemnifying party's option, the indemnifying party may assume the handling, settlement or defence of any claim or litigation, in which event the indemnified party shall cooperate in the defence thereof. The indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by the indemnified party. The indemnifying party will not be liable for legal costs or other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.

8. Termination and Revocation.

8.1 Termination.
The license contained in this Agreement will terminate automatically without notice from GSP if the Licensee fails to comply with any provision of this Agreement. GSP reserves the right to immediately terminate access to the Licensed Material or the license contained in this Agreement in the event of abusive or suspected fraudulent use of the Licensed Material. Upon having used the Licensed Material once (if the Licensed Material is licensed to the Licensee for single use, as identified in the Tax Invoice) or upon the expiration of the Term or earlier termination of this Agreement (if the Licensed Material is licensed to the Licensee for multiple use during a Term, as identified in the Tax Invoice), the license contained in this Agreement will immediately cease and the Licensee must immediately (i) stop using the Licensed Material; (ii) destroy or, upon the request of GSP, return the Licensed Material to GSP; and (iii) delete or remove the Licensed Material from the Licensee's premises, computer systems and storage (electronic or physical) and shall ensure that its subcontractors do likewise.

8.2 Revocation.
GSP reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of a license for any Licensed Material, the Licensee shall immediately cease using such Licensed Material and shall where possible ensure that its clients and customers do likewise.

9. Condition of Licensed Material.
The Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before using or Reproducing any Licensed Material or sending any Licensed Material for Reproduction. GSP shall not be liable for any loss or damage suffered by the Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.

10. Miscellaneous Terms.

10.1 Unauthorised Use.
Any use of Licensed Material in a manner not expressly authorised by this Agreement or in breach of a provision of this Agreement entitles GSP to exercise all rights and remedies available to it, including but not limited to those available under copyright laws. The Licensee shall be responsible for any damages resulting from any such unauthorised use, including any claims by a third party. In addition and without prejudice to GSP' other rights and remedies under this Agreement, GSP reserves the right to charge and the Licensee agrees to pay a fee equal to five (5) times GSP' normal license fee for use of the Licensed Material.

10.2 Governing Law.
This Agreement is governed by the law in force in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and any court that may hear appeals from any of those courts, for any proceedings in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, GSP shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against the Licensee in the event that, in the opinion of GSP, such action is necessary or desirable.

10.3 Severability.
Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change the intended effect of this Agreement.

10.4 Waiver.
A right of GSP may only be waived in writing signed by GSP, and (i) no other conduct of GSP (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right; (ii) a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and (iii) the exercise of a right does not prevent any further exercise of that right or any other right.

10.5 Entire Agreement.
This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect. This Agreement can only be amended, supplemented, replaced or novated by another document signed by or on behalf of both parties. In the event of any inconsistency between this Agreement and any purchase order or other communication sent by the Licensee, this Agreement shall prevail.

Note: You may not use any image for commercial purposes without first obtaining relevant approval. Please contact GSP, and our account managers will manage the approval process and advise you of costs.

Geoff Slattery Publishing Terms & Conditions

Disclaimer

Geoff Slattery Publishing endeavours to ensure that information appearing in this site is correct at the time of collation, but accepts no responsibility for any mistakes, inaccuracies or mis-descriptions, whether by inclusion or omission and whether negligent or otherwise. Prices, details and services shown are subject to change without notice, and Geoff Slattery Publishing accepts no responsibility for any such changes.

All images purchased are for personal use only, meaning that the license of an image is for private use. It excludes permission to on-sell or on-license the image for commercial gain.

Please note, these set print sizes are only available for purchase. Images may need to be scaled and a white border may appear on your print.

Copyright

Unless otherwise stated, the copyright of all images taken and available on this site is managed on behalf of the copyright owners by Geoff Slattery Publishing.

Shipping

Geoff Slattery Publishing delivers Australia Wide Only. For standard delivery a freight and handling fee is inclusive of the purchase price of the image. Other freight costs are quoted as requested and required. All orders ship within 7-10 working days.

Customers will be notified within 7 business days, should there be a delay in delivery on goods.

Our Returns Policy

You can return a purchase in its original condition within 14 days and get a product replacement or your purchase price refunded. Products that are returned because they are faulty will be assessed before a remedy is actioned. We cannot be held accountable for returned goods that are lost in transit. We suggest that they are packed appropriately and sent via registered post.

Returning goods

To return an item, please send an e-mail detailing the item name and order number. Please advise us why you want to return the item and what you would like us to do (e.g. replace or refund the item)

Contact Information

You can contact Geoff Slattery Publishing by emailing info@geoffslattery.com.au, by phone on 61 3 9627 2600 or by mail at Geoff Slattery Publishing, AFL House, Ground Floor, 140 Harbour Esplanade, Docklands, VIC, 3008, Australia.

GEOFF SLATTERY PUBLISHING (GSP) PRIVACY POLICY

Last Updated: July 2007

Your privacy is important to us. To better protect your privacy we provide this policy explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available from a link positioned on every page of this internet website.

We abide by the National Privacy principles set out in Schedule 3 of the Privacy Act, 1988 (Cth) ("The Act") in handling personal information as we recognise how important privacy is to all Australians.

The terms of this privacy policy apply unless different terms are specified in a form or contract provided to you online or offline.

By using this site, you understand and agree to the terms of this policy. Please note that Geoff Slattery Publishing (GSP) owns aflphotos.com.au, gspimages.com.au and geoffslattery.com.au.

When you visit this site, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site's operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site.

The way the information is utilised

The information you provide GSP about yourself is needed to complete your request. GSP collects and uses your personal information to operate and improve our sites, to process your transactions, to verify your identity, to provide customer service, to process and ship your request and to display content that is customized to your interests and preferences. We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may the "unsubscribe" instructions included within each email communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account balance statements).

We do not share this information with outside parties except to delivery service companies and other companies as required or allowed by law. The information may be shared with firms including accountants, lawyers, government agencies and other parties as may be required or allowed by law. Information provided may be used by leased personnel or seasonal staffing companies and their staff in order to process and complete your request.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose except to provide you with information we feel would be of interest to you and are shared with other parties, including internet companies which are necessary to use in order to transmit e-mails, to send you this information.

We may use non-identifying and aggregate information to better design our website and to share with advertisers and others. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form.

Our commitment to data security

To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How you can access or correct information

You can access all your personally identifiable information that we collect by writing to us. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections.

Security of Your Personal Information

We follow generally accepted industry standards to help protect your personal information. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Changes to This Privacy Policy and Revisions

To be able to continue to protect your privacy and to conform to changing generally accepted practices we may need to change our notice to comply with future government regulations. We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy.