Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client’s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the Western Racepix.com.au domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have uploaded or downloaded.

Use of this site

This site is owned and operated by Western Racepix. All images and related informational materials in any medium provided by Western Racepix.com.au hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Western Racepix and by our image providers (photographers), members of our community. All Images are protected by Australian and international copyright laws.

This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). Western Racepix.com.au allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a Western Racepix.com.au account and Western Racepix.com.au has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. Western Racepix.com.au reserves the right to revoke your authorisation to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Western Racepix.com.au. All rights not specifically granted under this Agreement are reserved to Western Racepix.com.au.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.

Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Western Racepix.com.au or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Western Racepix.com.au makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Australian and international market. While the responsibility for the images uploaded is entirely on the photographer’s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.

If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Use of Watermarked Images – Using images for comping
Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).

Conditional upon your compliance with this Agreement, Western Racepix.com.au grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Western Racepix.com.au grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Western Racepix.com.au’s separate written consent.

Licenses

Web/Personal Use License
Images downloaded under the Web/Personal Use License of our site can be used once within web or personal use.This includes personal websites, email newsletter sent to no more than 10,000 email addresses (additional purchase must be made for over 10,000 email addresses), screen savers, desktop images.

Images downloaded under the Web/Personal Use License can not be used for any kind of printed material.

Buying the low-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

Editorial License:
Images downloaded under the Editorial License of our site can be used once within editorial context.

The high-resolution images that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Advertising License:
Images downloaded under the Advertising License of our site can be used once within advertising context.

The high-resolution images that you download with the Advertising license may be used in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Unlimited Use (Royalty Free) License:
What Unlimited Use (Royalty Free) means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost.
The Royalty-Free license is granted ONLY for the high-resolution, non-watermarked image (the one that is bought using the download button); all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

Additional requirements for buyers:

Images included within the editorial section may include visible logos, or identifiable persons who didn’t sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

Additional requirements for contributors:

Please note that editorial images are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lense, will not be tolerated. Cropping an image and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial images.

You hereby agree that the image submitted to Western Racepix.com.au is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the image is produced and your activities will indemnify Western Racepix.com.au harmless of any claims from you or any third parties involved within the shooting.

If a Model Release is available from the photographer, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers’ and models’ privacy.
This is an additional license to the rights included within the regular

Royalty-Free license.

Unauthorised Use
Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorised use of these Images constitutes copyright infringement and shall entitle Western Racepix.com.au 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 Western Racepix.com.au’s rights or remedies in connection with any unauthorised use.

Credit Line Requirements

All images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes.

Sensitive Subjects

Any license granted by Western Racepix.com.au shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Western Racepix.com.au’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

You must contact Western Racepix.com.au for additional information prior to any use of an Image with any sensitive topic.

Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorised person should read, agree and sign the model release.

Western Racepix.com.au will not be held responsible for any of the materials you upload to the site.

Model and Property Releases/Clearances

The rights Western Racepix.com.au grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Western Racepix.com.au makes no representations or warranties that it owns or licenses any rights nor does Western Racepix.com.au grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Western Racepix.com.au makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Western Racepix.com.au. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request.

If you have downloaded an image that has technical flaws please contact us for a refund. If you are not able to download an image, we will refund the purchase price, provided that Western Racepix.com.au determines that you have been unable to download the image successfully. Downloads are not refunded if more than 7 days from the download date have passed.

Western Racepix.com.au Trademarks

The trademarks, services and logos used and displayed in Western Racepix.com.au are registered and unregistered trademarks of Western Racepix.com.au its subsidiaries and affiliates. Western Racepix.com.au trademarks may only be used publicly with the permission of Western Racepix.com.au with proper acknowledgement. Except as expressly granted Western Racepix.com.au does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Indemnification

You agree to indemnify, defend, and hold harmless Western Racepix.com.au against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

RACEPIX.COM.AU PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER RACEPIX.COM.AU NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL RACEPIX.COM.AU’S OR ITS AFFILIATES’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Copyright

The Photographer acknowledges that Western Racepix.com.au prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at Western Racepix.com.au.

By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image.The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Western Racepix.com.au’s servers. Western Racepix.com.au reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The Photographer hereby grants Western Racepix.com.au a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants Western Racepix.com.au and its representatives the right to sublicense the Image to their customers in accordance with the terms of the Western Racepix.com.au

License Agreement.

The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by Western Racepix.com.au or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While Western Racepix.com.au acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer is downloaded, the parties agree that Western Racepix.com.au may amend such policy from time to time, as reasonable business objectives may require.

Currently, each photographer may request to be paid for his/her balance on Western Racepix.com.au and Western Racepix.com.au is obligated to pay via bank transfer or similar means, by the end of the following month.

Western Racepix.com.au is entitled to carefully analyse all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, Western Racepix.com.au has the right to delay the payment request until all details are cleared or to refuse the payment.

The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of Western Racepix.com.au. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours.

Western Racepix.com.au is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, Western Racepix.com.au shall erase all files.

The Photographer agrees that neither Western Racepix.com.au nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

Notification of copyright infringement

Western Racepix.com.au may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Western Racepix.com.au’s site, send Western Racepix.com.au a notice containing: (i) a physical or electronic signature of the copyright owner or person authorised to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Western Racepix.com.au site; (iv) information sufficient to permit Western Racepix.com.au to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorised by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf.