Stock Footage & Photography Licence

These terms and conditions are to protect the intellectual property of Undersea Productions. By downloading, or agreeing to be physically delivered, photographs and/or video footage (“Content”) from or through the Undersea Productions website you have agreed to be bound by these terms and conditions which Undersea Productions shall enforce to the full extent of the law.

1. The photographs and video footage (“Content”) available from this website are the sole, exclusive and unencumbered property of Undersea Productions.
2. You are licensed Content (whether royalty-free or rights-managed) downloaded from this website, or delivered, for the purpose, duration, territory and terms as specified on your invoice for this licence.
3. As the Content remains the property of Undersea Productions throughout the term of the licence, you are strictly prohibited from selling, renting, sub-licensing, sub-distributing, assigning, or in any other way commercialising the Content for any purpose or return whatsoever, other than the agreed specific purpose as specified in your invoice for this licence.
4. As the Content remains the property of Undersea Productions throughout the term of the licence, you must not use it, in whole or in part, as a business or personal trademark, brand or logo.
5. You must not synchronise music or audio tracks with the Content unless you have full lawful permissions and consents by relevant third parties to do so.
6. You must not use any Content as a screensaver, wallpaper, or other similar use on any computer, mobile phone or similar device.
7. You must not use the Content for any purpose that is illegal, immoral, defamatory, constitutes a breach of contract, breach of a third party’s intellectual property, breach of confidence, passing off, or is otherwise not lawful in any jurisdiction in the world.
8. You must take reasonable precautions to ensure that the intellectual property rights of Undersea Productions in the Content are protected including taking precautions to prevent the Content being downloaded, copied, printed out by third parties or otherwise altered, re-imaged or changed in any way.
9. Undersea Productions make no warranties or representations, express or implied (other than those implied by statute), in relation to the provision or use of the Content under this Agreement. Undersea Productions does not warrant the service providing the Content will be fully operative at all times or error free.
10. Undersea Productions does not warrant or represent that the Content you have selected is suitable for your purpose and will not be liable for any damages arising from the application of your selected Content for your purpose.
11. In no event will Undersea Productions be liable to you in connection with or in relation to the provision of any Content. Without limiting the provisions and exclusions relating to liability, the maximum aggregate liability for any loss or omission arising from your use of the Content is agreed to be limited strictly to the fees you paid to Undersea Productions to license the Content.
12. You warrant and represent to Undersea Productions as follows:
    12.1. the exercise by you of any rights granted in or to the Content will not constitute any infringement of any copyright, trademark, so-called "format" right or other proprietary right or interest or any statutory right or other rights whatsoever of any third party; and
    12.2. the exercise by you of any rights granted in or to the Content will not constitute defamation, breach of privacy, breach of censorship laws, or breach of any other law, by-law, regulation or any other statutory or common law, right, interest or entitlement.
    
13. The following credit must be included on all, including but not limited to, primary and derivative uses of the Content:
    13.1. where the Content is stock footage: “Josh Jensen / Undersea Productions”; or
    13.2. where the Content is a photograph: “Liz Harlin / Undersea Productions”.
14. To ensure compliance with these terms and conditions, one copy of the publication or production into which the Content is incorporate must be delivered to Undersea Productions within seven (7) days of completion of the final work. To the extent possible, such copy shall be delivered in the following formats: DVD for footage; PDF or hard printed copy for photographs.
15. Undersea Productions reserves the right to terminate this licence where you are in breach of any terms and conditions of your use of the Content. Such licence will terminate automatically if you are in breach of any term or condition of this Agreement. Upon any termination of this licence, you agree to immediately destroy any electronic or printed Content and cease using the Content.
16. Sales (Content licence fees) are final and no refunds or returns, as permissible by law, will be considered. A watermarked preview is available on request. Refunds may be available if the Content delivery is proven defective.
17. These terms and conditions shall be governed by and construed and performed in all respects in accordance with the laws of Queensland, Australia, whose courts shall be the courts of non-exclusive jurisdiction for matters arising in connection with or in relation to these terms and conditions.