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CRUSH MAGAZINE PHOTO IMAGE USAGE

TERMS AND CONDITIONS:

The following is a legal agreement (the “Agreement”) between you or the employer or other entity on whose behalf you are entering into this Agreement (“you”) and Crush Communications, TA Crush Communications and Crush Magazine “Crush”. Please read this Agreement carefully before downloading any Crush Magazine images (“Image” or “Images”). By downloading any Image, you agree to be bound by this Agreement, the Crush Privacy Policy and our Photo Image Usage Terms and Conditions, all of which are incorporated herein and made a part hereof by this reference.

General Terms

  1. All Images on the Crush Magazine website are protected by Australian and international copyright laws. Crush Magazine and the various artists who provide images to Crush (“Contributors”) own all rights, including the copyrights in and to the images. Crush and/or its Contributors reserve all rights in and to the images not expressly granted to you by the terms of this Agreement. Your rights to use any Image are subject to this Agreement and are conditioned upon your payment to Crush for your use of the Images.
  2. Crush shall be under no obligation to refund the cost of a purchase. However, in the event that Crush determines that you are entitled to a refund of all or part of your purchase price, such refund shall only be made to the credit card account originally used by you to make the subject purchase.
  3. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Crush Image(s) please notify us via email at [email protected]
  4. You agree to indemnify and hold Crush, its officers, employees, shareholders, directors, managers, members and suppliers, and those of its affiliates including parent companies and subsidiaries, harmless against any damages or liability of any kind arising from any use of Images other than the uses expressly permitted by this Agreement. You further agree to indemnify Crush for all costs and expenses that Crush incurs in the event that you breach any of the terms of this or any other agreement with Crush.
  5. You Warrant and Represent that all information, including personal information, that you provide to Crush is accurate, complete, and current at the time you provide it to Crush. You agree to correct and update such information to ensure its accuracy and completeness at all times.
  6. Crush warrants and represents that it has the right and authority to enter into this Agreement and to grant the rights in the Images set forth herein, subject to the limitations and exclusions set forth herein.
  7. You must be at least 18 years of age to use the www.crushmagazine.com.au website and accept this Agreement. Crush may require any registrant to provide sufficient proof of age.
  8. If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Crush for any breaches of the terms of this Agreement.
  9. Credit Attributions and Copyright Notices
    1. You shall provide a link back to www.crushmagazine.com.au (where applicable) -OR- provide a credit to Crush Magazine and the contributor with the use of any Image in an editorial context. Such credit shall be in substantially the following form: “Crush Magazine/Name of Artist”
    2. In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the Crush contributor and Crush Magazine a credit as provided above.
    3. The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that the purchaser cures such omission.
  10. Crush grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained.
  11. Crush does not warrant that the Image(s), Crush websites, or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Image(s) is solely with you.

USAGE AGREEMENT:

  1.  By this Agreement, Crush grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein.

PERMITTED WEB / ELECTRONIC USES

This Agreement grants you the right to:

  1. Incorporate Content on web sites (including Social Media Platforms, as such term is defined herein), provided that no Content is: i) displayed at a resolution greater than the display resolution of the intended viewing device; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images and/or footage;
  2. Use Content in coordination with opt-in email marketing. However, Content cannot be used in connection with unsolicited email or linked to from unsolicited email;
  3. Incorporate Content into software (including mobile “apps”) as background images or splash screens, provided that the primary purpose of the software is not the display of Content and further provided that Content or any digital files containing the Content cannot be unincorporated from the software;
  4. Incorporate Content into film, video, multimedia presentations, or advertising for broadcast, public performance, or sale provided that: (i) the distribution is fewer than two hundred fifty thousand (250,000) copies; or (ii) the intended audience (excluding video distributed solely on the internet at no cost to viewers) consists of fewer than two hundred fifty thousand (250,000) viewers, in the aggregate;
  5. Use Content in eBooks, including multi seat license electronic textbooks, provided that the sales or distribution of any such eBook does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

PERMITTED PRINT USES

  1. Use Content as prints, posters, postcards (i.e. a hardcopy) and other reproductions for your own personal use and display, including display in commercial settings, provided such hardcopies are not resold or otherwise distributed;
  2. Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions and further provided that no Image is used for Out-of-Home advertising and further provided that the print or manufacturing run(s) of such posters does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
  3. Use Images in magazines, newspapers, books, book covers and/or textbooks for advertising purposes;
  4. Use Images in the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
  5. Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark, and further provided that no individual Image is reproduced more than 250,000 times in the aggregate;
  6. Incorporate Content into set design and dressing for public performance, provided that the intended audience for all such performances in the aggregate consists of fewer than two hundred fifty thousand (250,000) people.
  7. All other rights in the Content are expressly reserved by Crush for itself and its Contributors. If you wish to use Content in any manner not provided by this Standard Content Usage Agreement, you may license Content by contacting Crush directly at [email protected]

NON PERMITTED USES:

  1. Incorporate Images on tangible products for resale, including shirts, hats, mugs, calendars, stationery items, cards and other small items;
  2. Incorporate Images within an offline, distributed software program;
  3. Incorporate images into online software and electronic templates such as electronic greeting cards, content management software, presentation templates, web page builders, at a resolution no greater than the display resolution of the intended viewing device(s).
  4. Use Images in magazines, newspapers, books, book covers and/or textbooks, for editorial purposes.
  5. Use Images in the artwork for the packaging of any product;
  6. Use Images for a purpose not described by any of the above but pertaining to the manufacture, resale and distribution of a product so long as such product does not violate any other clause hereunder.
  7. Use an Image in such a manner that it infringes upon any third party’s trademark or other intellectual property.
  8. Use an Image in a way that places any person depicted in the Image in a way that a reasonable person would find offensive – this includes, but is not limited to the use of Images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products or other addictive substances; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products (including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products), if the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity; f) in any manner that suggests the model personally uses or endorses any product or service; and g) in any manner that is defamatory, or contains unlawful or offensive content.
  9. Share an Image by providing access to such Image on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise.
  10. Use any Image(s) on any third party social media website or platform (a “Social Media Platform”), if such Social Media Platform claims to acquire rights contrary to this Agreement as a result of such use. In such event, you will promptly remove the Image(s) from the Social Media Platform upon Crush’s request.
  11. Use Images in a manner that competes with Crush’s business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Images for sale, or otherwise distributing or making Images available for distribution to third parties.
  12. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
  13. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image. Additionally, you may not use or display any Image in such a manner that gives the impression that any person depicted in the Image is the author or creator of any product in which the Image is incorporated.
  14. Use automated programs, applets, bots or the like to access the Crush Magazine website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching any content on the website.

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