TERMS OF USE

1. Operation of Terms

(a) This service is provided by The Image Makery, ABN 42402623501.

(b) By purchasing a Basic Licence and (if applicable) any Commercial Licence to exploit an Image by means of this website www.theimagemakery.com (or other URL or platform operated by The Image Makery), you are deemed to accept these Terms of Use (“Terms”).

BASIC Licence refers to personal image use for the promotion of your own business and brand. This license is included automatically with all purchases.

COMMERCIAL License refers to image use to the creation of a product or offering for resale or commercial gain, whether digital or non-digital. Please contact us directly to discuss commercial licensing.

(c) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to The Image Makery for any breaches of these Terms.

(d) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may purchase a Licence on their own account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies for the purpose of exercising the rights granted to you under a Licence.

Under the Basic License, you are prohibited from:

  • providing or distributing an image, or any portions thereof, to any other individual;

  • providing or distributing an image, or any portions thereof, to any site, group, list, or forum on the Internet or otherwise;

  • using an image, or any portions thereof for any product or project that will be sold or used to generate income;

2. Grant of Rights

(a) The Image Makery grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.

(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.

(c) You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify The Image Makery (by email to hello@theimagemakery.com) If you become aware of any unauthorised use.

3. Products & Services

Certain products and services are available exclusively online through the website.

We have made every effort to display as accurately as possible the colours and images of our products that appear on this website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

4. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit, or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Your submission of personal information through the store is governed by our privacy policy.

5. Warranties, Disclaimers and Liability Limitations

(a) The Image Makery warrants that:

(i) it has secured the rights from the creators of the Image, to grant you the rights specified in the Licence you have purchased;

(ii) the Image does not, to the best of The Image Makery’s knowledge breach any law or regulation or infringe the rights of any third party;

(iii) the creator of the Image has provided The Image Makery with a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);

(c) The Image Makery will endeavour to ensure that information provided in respect of each Image is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.

(d) You will release from, and indemnify and hold The Image Makery, its officers, employees, shareholders, directors, managers, members and Image creators, harmless against any damages or liability of any kind arising from:

(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;

(ii) the combination of the Image with any other work(s); and/or

(iii) the context in which the Image has been used.

(e) You agree that The Image Makery hall be under no obligation to issue refunds under any circumstances. All purchases relating to our imagery are non-refundable. Please choose carefully.

6. Copyright & Intellectual Property

This website and all of the related products of The Image Makery are subject to copyright. The content on this website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including without limitation, copyright) in the site content and compilation of the website (including without limitation, text, graphics, logos, button icons, video images, audio clips, and software) (the "Content") are owned or controlled for these purposes, and are reserved by The Image Makery or its contributors.

7. General

(a) These Terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. The Image Makery may update these terms from time to time by written notice to you.

(b) This agreement will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

(c) You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.