Please read this agreement to the bottom of the page. Acknowledge by filling in the form at the end and clicking the "Subscribe" button. Upon submitting the form an email with the download link for the images.
NOTE: The link to the images will expire , please download immediately and keep a local copy on your computer.
The Image Web Use License Agreement is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("The Image User") and Havit Commercial Pty Ltd TA Havit Commercial and/or (“The Copyright Holder”), and become effective as of the date of the last signature below (“Effective Date”).
Please read this agreement carefully before using any Image from Havit Commercial Pty Ltd TA Havit Commercial and/or .
All photographs and images are copyrighted. All rights are reserved by The Copyright Holder. Your right to use images and photographs are subject to this agreement.
PART I: WEB USE LICENSE
This agreement grants The Image User a non-exclusive, non-transferable right to use and reproduce purchased images in the following ways, subject to limitations set forth herein and in Part II of this Agreement:
On the domain specified in the online agreement form below being a website that The Image User owns, provided that no Image is displayed at a resolution greater than 1500 pixels on the longest side;
PART II: LIMITATIONS AND RESTRICTIONS
The Image User MAY NOT:
- • Use an Image other than as specified in PART I.
• Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, wallpaper, artwork and other items.
• Use an image or any other websites/Online marketplace platforms including, but not limited to, websites such as Amazon, Ebay, other than the website domain stated in this agreement.
• Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
- Use an Image in a way that places any product depicted in the Image in a bad light or in a way that they may 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; 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 or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. The Image User may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or
- Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 1500 x 1500 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this
- Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
- Use The Copyright Holder images in a manner that competes with BLP Australia PTY LTD TA Havit Commercial 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 including Images in templates of any nature, including templates for websites, social networking websites (e.g.,Pinterest, Instagram, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties.
- The image user may not create a digital or printed brochures based on The Copyright Holder Images
- or use Images as the basis for any individual or collection of physical or digital objects which the image user then offer for sale. The image user may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If the image user wishes to use any Image or Images in connection with the production of any items prohibited by this Web Use License, the image user may request a Standard or Enhanced License, which provides a broader grant of rights.
- Use an Image that contains recognizable images of people or subjects trademarked, owned or copyrighted by third-parties for commercial purposes. If an Image contains such subjects, additional permissions may be required for commercial use. The Copyright Holder does not provide such permissions.
- 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.
- • Use or display an Image in such a manner that gives the impression that the Image was created by the image user or a person other than the copyright holder of that Image –Havit Commercial Pty Ltd TA Havit Commercial and/or .
- Represent yourself as an employee, designee, or affiliate of Havit Commercial Pty Ltd TA Havit Commercial and/or for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
- Use any Image (in whole or in part) it represent or sell any other product other than the original and genuine Havit Commercial product. At all time the image must be clearly identified as a Havit Commercial product with the correct and current Havit Commercial part number or product name associated with the product.
- Advertise any pricing for all Havit Commercial products across all forms of Media. This including, Websites, Printed Copies, Facebook, Instagram ETC unless authorised by Havit Commercial.
PART III: MISCELLANEOUS
- "Non-transferable" as used herein means that except as specifically provided in this Agreement, the image user may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. The image user may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your website incorporating Images subject to the terms and conditions herein. In addition, the work the image user produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. The image user agrees to take all commercially responsible steps to prevent third parties from duplicating any
- If the image user plans on using or do use Images as part of work for a client or customer, the image user must keep accurate and detailed records of the use of each
- The Copyright Holder reserves the right to retract all usage rights at anytime without notice. At this time the user must cease using all images
- The Copyright holder reserves the right to ask Image user to remove or refrain from using certain images and or limit the usage of images at the discretion of Havit Lighting
- The Image user must adhere to the current Havit Commercial Terms and Conditions of Sale supplied in the Havit Commercial reseller agreement. The copyright holder reserves the right to retract use of any images if the The Image User is found to be in breach of the Havit Commercial Terms and Conditions of Sale .
- The image user agree to indemnify and hold The Copyright Holder, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. The image user further agrees to indemnify The Copyright Holder for all costs and expenses that The Copyright Holder incurs in the event that the image user breaches any of the terms of this or any other agreement with The Copyright Holder.
- Neither The Copyright Holder nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, The Copyright Holder Image or Images.
- This Agreement shall be governed by laws of Australia.
- The Copyright Holder makes no representations or warranties whatsoever as to the legality or validity of any release associated with Image or with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any Image.
- You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any Image under this agreement.
- This agreement is valid for 12 months from the date that the image user signs below or until a new range of Havit Commercial product images is released, pending approval from The Copyright Holder.
- Any changes or alterations made to this agreement will be emailed 14 days prior to the changes taking effect and will need to be adhered to for a period of 24 months from the date of the change or until a new contract is issued and signed for by the affected parties.
- • The Copyright holder reserves the right to reject any request upon their discretion.
- The image user must update the web images within 30 days of release of any new products and/or every 12 months when supplied with new images from Havit Commercial and remove all discontinued lines that have been removed from Havit Commercials new catalogue.
PART IIII: IMAGE RIGHTS LICENSE
Havit Commercial Pty Ltd T/A Havit Commercial owns all the intellectual property rights in its product images and product names (the “Intellectual Property”).
Havit hereby grants you a non-exclusive, revocable licence to use and exploit the Intellectual Property in order to market and promote our products.
The license to use the Intellectual Property is conditional on:
(a) you not engaging in any misleading or deceptive conduct in your use of the Intellectual Property in marketing our products;
(b) you not using the Intellectual Property in a manner that depicts our products as cheap, low quality, price sensitive products and only using the Intellectual Property in a manner that depicts our products as high-quality products;
(c) you marketing our products using the Intellectual Property to preserve and enhance our image as a professional and highly regarded supplier of products; and
(d) you not acting in any manner or engaging in any conduct that may adversely affect our reputation or the reputation attaching to the Intellectual Property.
Any breach of the above conditions will result in the immediate termination of the above licence and will require you to cease and refrain from use and exploitation of the Intellectual Property and from marketing and promoting the Intellectual Property.
The above licence may be terminated by us at any time in our sole discretion.
By filling in the electronic form below you agree to the above agreement to be executed as of the respective date of submitting this electronic form.