Terms and Conditions
TERMS AND CONDITIONS OF USE, LICENSING AGREEMENT,
of eXIKON Pty Ltd (Wildlight)
Suite 14, 16 Charles Street
Redfern NSW 2016 Australia
Welcome to our website. Following are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE, CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND EXIKON PTY LTD (Wildlight)
( ABN 86 105 186 730 )
Please read this license agreement carefully before You continue to use the website or purchase or down-load any Digital Image. Your use of the website to down-load or purchase digital and analogue images will make the Terms and Conditions into a binding contract between You and Wildlight.
This website is owned and operated by Wildlight. All of the content featured or displayed on this website, including, but not limited to, photographs, images, moving images, text, graphics, sound, illustrations and software ("Content"), is owned by Wildlight, its licensors, its content providers and the photographers.
Except as explicitly permitted under this or another agreement with Wildlight. no portion or element of this website or its Content may be copied or retransmitted via any means. You shall indemnify Wildlight its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorised use of the Content on wildlight.com.au and wildlight.net
You acknowledge that any digital / analogue Image licensed by Wildlight of a person, including people well known to the general public, cannot be used in a manner which assumes that persons endorsement of a service or product. Furthermore, you may not use any Image of a person in a manner, which is defamatory, pornographic, libellous, or slanderous.
You may test or sample the Images, including using the Images in comps, or draft layouts, for demonstration to your clients, but only when in good faith, use of the specific image is intended.
Provision of transparency film: If original transparency film is supplied to you by Wildlight, you will receive a Delivery Contract and will be responsible for any loss or damage to those transparencies or prints. You agree to pay Wildlight $2000 per transparency for lost or damaged transparencies.
If you are under eighteen (18) years of age, you must provide Wildlight with parental consent before ordering any photograph or image on this site.
"Wildlight", the Wildlight logo, " are trademarks of Wildlight and may be registered in some countries.
All of the Content featured or displayed on the websites wildlight.com.au and wildlight.net is owned and copyrighted to Wildlight , its licensors its content providers and the photographer's. Wildlight grants you the non-exclusive license, non-transferable license, to use this/these image/s in consideration of payment by You of the fees itemised on the Invoice. The Invoice will be provided to You with delivery of the Digital Image. If you order more than one Image, each Image may be used only as indicated when making your order. You are not permitted to use the Image, or any portions of the Image, in any other way.
When you receive an Image License / Invoice from Wildlight, You acquire no rights, including without limitation copyright and other intellectual property rights in Digital / Analogue Image. The Image License granted will be in accordance with the terms agreed to firstly on the Wildlight quote and re-stated in the Invoice. View Standard License
Wildlight warrants to you that it has the right to grant this License to you, and that where indicated on our web site all necessary model and property releases have been obtained. Please note that not all images on this site are model released or property released. You are responsible for ensuring that all necessary rights, consents, licenses or permission's that may be required are obtained prior to publication, reproduction or other use of an Image.
Your sole and exclusive remedy for a breach of these warranties is a refund of the price you pay to Wildlight to license the Image/s. Wildlight makes no other warranty, express or implied, without limitation.
In no event shall Wildlight or any of its affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of or inability to use any image licensed hereunder.
Wildlight requests that clients associated with media, magazine and book publishing, provide a credit reading the Photographer's name (c) / Willdlight , adjacent to the image. Missing and/or incomplete credits are susceptible to additional charges.
Wildlight fully respects your rights to privacy and utilises the following practices in regards to any information we are provided or obtain about users of this web- site.
In order to fulfil licensing transactions or provide service to you as a customer Wildlight, may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number, e mail address and credit card number.
By providing this information to Wildlight you are agreeing to allow us to utilise this information to complete all transactions you request through this website and to disclose that information and details of all such transactions our subsidiaries, affiliates and any necessary payment processors.
We may send you promotional material using either the e mail or the mailing addresses you provided on the registration or billing information screens.
From time to time we may notify you of special promotions, new products or services, or other information that may interest you.
We do not share any information you provide to us, including your e mail and mail addresses, with any companies outside Wildlight or its affiliates.
If at any time you believe that Wildlight has not followed the above policy, or if you would like your information to be removed from our system, please contact us at email@example.com We will make reasonable efforts to identify and correct any problem.