1. Grant of Rights. Are Media grants you a non-exclusive, perpetual, non-transferable licence to use the Content in Australia and New Zealand for the Purpose. This is a standard form one-off RF licence for a limited number of purposes, being either (i) editorial use in a printed or digital editorial publication; or (ii) use in a printed or digital advertising campaign. If you require a bespoke licence for a different type of use (eg out-of-home, audio-visual matter, use outside Australia/New Zealand, branded or bespoke merchandise, book cover etc), then you will require a Rights Managed licence. Please contact our licensing team at syndication@aremedia.com.au.

2. Usage Restrictions. You must not use the Content:

(a) for any purpose other than the Purpose. Without limiting the foregoing:

• if you have purchased Editorial Use, you may not use the Content for any Commercial or Advertising Use;
• In no circumstances may you re-sell the Content or incorporate the Content into templates or made-for-order merchandise or products (eg via custom design websites such as RedBubble, Threadly etc).

(b) in any territory other than Australia/New Zealand. The inclusion of the Content on a website that is accessible by users outside Australia/New Zealand is permitted provided the Licensee agrees to take reasonable steps to ensure the Content is not targeted at persons outside Australia/New Zealand that is, the Content must not be specifically advertised or promoted to persons located outside Australia/New Zealand;
(c) in such a way that would, in Are Media’s reasonable opinion, adversely affect the business or reputation of Are Media or any of its associated entities. This includes but is not limited to, use in any pornographic or like manner, use to promote any form of violence or vilification, or use to disparage any person or entity.

3. Further requirements. You must:
(a) use the Content only in the form and manner supplied by Are Media;
(b) not amend, edit, crop, re-touch, manipulate, add to, delete from or otherwise modify the Content;
(c) comply with all applicable laws and regulations in relation to the use of the Content.
(d) ensure your user account credentials are kept confidential and not share those credentials with any other person, and notify Are Media of any unauthorise activity on your user account.

4. Credit. You must credit the Content in all Editorial Uses, as follows: [Photographer/Author Name] |© Are Media Pty Ltd].

5. Your acknowledgment. You acknowledge that:
(a) other than as expressly set out in these terms, you obtain no right or interest in the Content;
(b) all goodwill arising from your use of the Content accrues to the sole benefit of Are Media.

6. Indemnity. You indemnify Are Media against any loss, expense, damage, cost or liability suffered or incurred by Are Media as a direct result of your breach of this agreement.

7. Termination. If you breach this agreement, Are Media may, by written notice to you at the email address you have nominated in your user account, terminate this agreement immediately and suspend access to your user account. Upon the termination of this agreement:
(a) all rights granted to you under this agreement revert to Are Media; and
(b) You must immediately cease using the Content and any materials incorporating the Content.

8. Governing law. This agreement is governed by the laws of the State of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

9. Warranties. Each party warrants to the other, as continuing warranties, that:
(a) it has full power and authority to enter into and perform its obligations under this agreement; and
(b) this agreement constitutes legal, valid and binding obligations on it and is enforceable in accordance with its terms.

You acknowledge that Are Media does not grant any right or make any warranty concerning the use of names, people, trade marks, logos, designs, works of art or architecture depicted in the Content, and it is your responsibility to check these matters.

10. Entire agreement. These terms, together with the Tax Invoice, constitutes the entire agreement between you and Are Media about its subject matter and supersedes any previous understanding or agreement on that subject matter. No terms may be added or changed unless specifically agreed in writing by Are Media.

DEFINITIONS

Content means images or other content available for licensing on this site.

Rights Managed (RM) means a licence where you are granted limited rights based on usage restrictions as to the term, territory, type of use (eg OOH, audio-visual, book cover)  and media in which Content can be used. Any usage beyond these restrictions is subject to separate fee arrangement.

Royalty-Free (RF) means the licence granted under these terms, where you receive usage rights in most media in perpetuity for an upfront fee (subject always to the Usage Restrictions).

Tax Invoice means the tax invoice issued to you following purchase of a licence, setting out the Content licensed, the Purpose for which it is licensed and the fee paid.

Purpose means use of the Content in print or digital form as set out in the Tax Invoice and may be one of the following:

• Commercial or Advertising use: means used to promote or sell a product or service, including without limitation by way of a display ad, pamphlet, sponsored social post, Facebook ad, business/corporate website, app or social media page, and includes ‘native’ or ‘sponsored’ content; namely any purpose that is directly or indirectly drawing the public’s attention to your product or service.
• Editorial use: means used to inform, entertain, educate and/or describe to your audience (including news and opinion) in relation to an issue of public or human interest or current or historical events, and specifically excludes Commercial or Advertising use.

Last update: 27 January 2023