TERMS AND CONDITIONS
1. Operation of Terms
(a) This service is provided by heidi who photos, ABN 3914 9144 387
(b) By purchasing a Basic Social Media Licence and (if applicable) any Additional Licences (“Licence”) to exploit an Image through this Website www.heidiwho.com (or other URL or platform operated by heidi who photos), you are deemed to accept these Terms and Conditions.
(c) Licence Fees may be paid for by Paypal or other payment service provided for in the Website, according to the terms of the relevant financial institution.
(d) heidi who photos may provide you with a password to enable access to the Images. This must be kept in a secure place, and must not be disclosed to any third party.
(e) If you breach any material term of these terms and conditions, we may terminate our Agreement with you with or without written notice to you.
(f) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and Conditions and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to heidi who photos for any breaches of these Terms and Conditions.
(g) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may purchase a Licence on their account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies to exercise the rights granted to you under a Licence.
2. Grant of Rights
(a) heidi who photos grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.
(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.
(c) You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify heidi who photos (by email to heidi@heidiwho.com) if you become aware of any unauthorised use.
3. Prohibited Uses
(a) No image may be used in connection with:
(i) pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; or
(ii) advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.
(b) You must not use the Image in a manner which:
(i) is obscene, disrespectful or defamatory to any person featured in the Image, or is likely to bring any person or property featured in the Image into disrepute;
(ii) falsely implies that a person suffers from any medical condition, has committed or been convicted of any offence, identifies with any sexual orientation or otherwise misrepresents the person as having or not having any attribute;
(iii) falsely implies that the Creator of the Image, or the persons or property appearing in the Image (if any) uses or personally endorses any business, product, political party, service, cause, association or other endeavours;
(iv) (where children are depicted) may be inappropriate;
(v) violates or infringes the copyright or other intellectual property or other rights of any person or entity;
(vi) treats the Image in a derogatory manner; or
(vii) which is contrary to any law or regulation.
(c) Images must not be used in, or as, a trademark, service mark, logo or other indicator of origin.
(d) Images must not be posted online in a downloadable format or otherwise such as to enable an Image to be distributed or shared in any peer-to-peer or similar file sharing arrangement.
4. Credits
(a) You must not falsely represent or imply that the Image was created, or is owned by, you or any other person other than the copyright owner (notified as heidi who photos).
(b) You must not remove any notice of copyright, watermark, trademark or other intellectual property right, or additional information that may appear on, embedded in, or in connection with the Image as downloaded.
(c) If and where commercially reasonable, your use of an image should be accompanied by a credit in the following form:
“Image(s) © heidi who photos”
5. Warranties, Disclaimers and Liability Limitations
(a) heidi who photos warrants that:
(i) as the Creator of the Image, we grant you the rights specified in the Licence you have purchased;
(ii) the Image does not, to the best of heidi who photo’s knowledge breach any law or regulation or infringe the rights of any third party;
(iii) where stated, heidi who photos has a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);
(iv) the Image is not, to the best of heidi who photos’ knowledge subject to any claim or complaint from any third party; and
(v) no fees, residuals or royalties will be payable by you to the Creator of the Image in respect of your use of the Image, except as expressly notified to you at the time of purchase.
(b) Except as set out in clause 5(a) and subject to warranties which may not be excluded under Australian consumer law, Images are provided ‘as is’ without warranty of any kind. In particular, you acknowledge that Images may contain elements such as trade or service marks; copyright works or subject matter; confidential information; or designs, that may require further clearance, which will be your sole responsibility to obtain.
(c) heidi who photos will endeavour to ensure that information provided in respect of each Image is current and accurate; however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
(d) You will release from, and indemnify and hold heidi who photos, its officers, employees, shareholders, directors and managers harmless against any damages or liability of any kind arising from:
(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;
(ii) the combination of the Image with any other work(s); and/or
(iii) the context in which the Image has been used.
(e) You agree that, subject to requirements imposed by Australian consumer law:
(i) heidi who photos will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if heidi who photos has been advised of the possibility of such damages, costs or losses;
(ii) heidi who photos shall be under no obligation to issue refunds under any circumstances.
6. Returns
Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to heidi@heidiwho.com. If the request is approved, heidi who photos will issue a refund to your credit card. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.
7. Third-Party Claims
heidi who photos warrant that they own all rights in the Images they provide, and that the Images are free from any third party claim or liability.
However, in the unlikely event that an issue arises due to an incorrect warranty (or for any other reason) heidi who photos may need to take action to mitigate liability. This may include sending you a notice requesting you to cease or limit use of the Image you have licensed from the site. In this event, you agree that you will use best endeavours to comply with any such notice provided by heidi who photos. heidi who photos will work with you to arrange for the provision of a replacement Image free of charge.
8. General
(a) These terms constitute the entire Agreement between the parties, and supersede all prior agreements, understandings and representations. heidi who photos may update these terms from time to time by written notice to you.
(b) This Agreement will be governed by and construed in accordance with the laws of South Australia and the parties submit to the exclusive jurisdiction of the courts of South Australia.
PRIVACY POLICY
1. WE RESPECT YOUR PRIVACY
heidi who photos respects your right to privacy and this policy sets out how we collect and treat your personal information.
“Personal information” is the information we hold which is identifiable as being about you.
2. WHAT PERSONAL INFORMATION WE COLLECT
We will collect the following personal information from you:
name
phone number
email address
postal address
country
3. HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect personal information from you in a variety of ways, including: when you interact with us electronically or in person; when you access our website or social media presence(s); and when we provide our services to you.
4. USE OF YOUR PERSONAL INFORMATION
We use your information to provide our service(s) to you. We also use it to improve our service and to notify you of opportunities that we think you might be interested in.
We do not provide your information to third parties, except that we may provide your information to our business partners who assist us in the provision of our services to you.
We will not under any circumstances, sell or rent your information to a third party.
5. SECURITY OF YOUR PERSONAL INFORMATION
We take reasonable steps to protect your personal information. However, we are not liable for any unauthorised access to this information.
6. ACCESS TO YOUR PERSONAL INFORMATION
You can access, update or request the removal of your personal information by contacting heidi@heidiwho.com
7. GOOGLE ANALYTICS ADVERTISING FEATURES
We utilise Google Analytics Advertising features to identify trends of people visiting our website. This information is an aggregate overview and does not allow us to correlate your personal viewing habits on our or other websites. This process is done utilising the Google Analytics cookie.
8. POLICY CHANGES
Any changes to this privacy policy will be updated on this site.
MODEL RELEASE WAIVER
Permission has been granted to photograph all of the people in this Photo Library. However, only the subjects that appear in photographs marked as "Model Release" have signed a formal Model Release Agreement.
A Model Release Agreement allows the photographs to be used for commercial purposes.
Where a photograph has NOT been marked as having a Model Release, you agree not to hold heidi who photos accountable in any claim relating to your usage of the photograph.
RESPECT
Please do not use photograph with any form of branding to advertise similar business or industry. If branding is in photograph, consent is given for editorial usage only. Written consent can be given by heidi who photos for commercial usage if required.
Please contact heidi@heidiwho.com for specific details, if required.
1. Operation of Terms
(a) This service is provided by heidi who photos, ABN 3914 9144 387
(b) By purchasing a Basic Social Media Licence and (if applicable) any Additional Licences (“Licence”) to exploit an Image through this Website www.heidiwho.com (or other URL or platform operated by heidi who photos), you are deemed to accept these Terms and Conditions.
(c) Licence Fees may be paid for by Paypal or other payment service provided for in the Website, according to the terms of the relevant financial institution.
(d) heidi who photos may provide you with a password to enable access to the Images. This must be kept in a secure place, and must not be disclosed to any third party.
(e) If you breach any material term of these terms and conditions, we may terminate our Agreement with you with or without written notice to you.
(f) If you are purchasing on behalf of your employer or as an agent on behalf of a third party principal, the employer or principal is deemed to accept these Terms and Conditions and you warrant and represent that you have the full right and authority to bind that employer or principal. In the event that you do not have such authority, you agree that you will be personally liable to heidi who photos for any breaches of these Terms and Conditions.
(g) Except as provided for in this clause, you must not sub-licence or assign the rights granted to you under any Licence. Should a third party wish to exercise those rights, they may purchase a Licence on their account. You are permitted to transfer files containing the Image or permitted derivative works to a third party (such as a printer) temporary copies to exercise the rights granted to you under a Licence.
2. Grant of Rights
(a) heidi who photos grants you a non-exclusive, perpetual, worldwide, non-transferable license to use, reproduce or display the Image in accordance with the Licence selected by you.
(b) Except for the rights expressly granted to you under a Licence, you acknowledge that you do not have any right, title or interest in or to, the Image, including any copyright and other intellectual property rights.
(c) You agree to take all commercially reasonable steps to prevent third parties from reproducing or exploiting any Image without authorisation, and to notify heidi who photos (by email to heidi@heidiwho.com) if you become aware of any unauthorised use.
3. Prohibited Uses
(a) No image may be used in connection with:
(i) pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; or
(ii) advertisement or promotion of tobacco, firearms or any unlawful or illegal activity.
(b) You must not use the Image in a manner which:
(i) is obscene, disrespectful or defamatory to any person featured in the Image, or is likely to bring any person or property featured in the Image into disrepute;
(ii) falsely implies that a person suffers from any medical condition, has committed or been convicted of any offence, identifies with any sexual orientation or otherwise misrepresents the person as having or not having any attribute;
(iii) falsely implies that the Creator of the Image, or the persons or property appearing in the Image (if any) uses or personally endorses any business, product, political party, service, cause, association or other endeavours;
(iv) (where children are depicted) may be inappropriate;
(v) violates or infringes the copyright or other intellectual property or other rights of any person or entity;
(vi) treats the Image in a derogatory manner; or
(vii) which is contrary to any law or regulation.
(c) Images must not be used in, or as, a trademark, service mark, logo or other indicator of origin.
(d) Images must not be posted online in a downloadable format or otherwise such as to enable an Image to be distributed or shared in any peer-to-peer or similar file sharing arrangement.
4. Credits
(a) You must not falsely represent or imply that the Image was created, or is owned by, you or any other person other than the copyright owner (notified as heidi who photos).
(b) You must not remove any notice of copyright, watermark, trademark or other intellectual property right, or additional information that may appear on, embedded in, or in connection with the Image as downloaded.
(c) If and where commercially reasonable, your use of an image should be accompanied by a credit in the following form:
“Image(s) © heidi who photos”
5. Warranties, Disclaimers and Liability Limitations
(a) heidi who photos warrants that:
(i) as the Creator of the Image, we grant you the rights specified in the Licence you have purchased;
(ii) the Image does not, to the best of heidi who photo’s knowledge breach any law or regulation or infringe the rights of any third party;
(iii) where stated, heidi who photos has a release in respect of any person featured and identifiable in the Image (excluding Images where the depiction of the person is incidental, in the background, or does not show the person’s face);
(iv) the Image is not, to the best of heidi who photos’ knowledge subject to any claim or complaint from any third party; and
(v) no fees, residuals or royalties will be payable by you to the Creator of the Image in respect of your use of the Image, except as expressly notified to you at the time of purchase.
(b) Except as set out in clause 5(a) and subject to warranties which may not be excluded under Australian consumer law, Images are provided ‘as is’ without warranty of any kind. In particular, you acknowledge that Images may contain elements such as trade or service marks; copyright works or subject matter; confidential information; or designs, that may require further clearance, which will be your sole responsibility to obtain.
(c) heidi who photos will endeavour to ensure that information provided in respect of each Image is current and accurate; however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
(d) You will release from, and indemnify and hold heidi who photos, its officers, employees, shareholders, directors and managers harmless against any damages or liability of any kind arising from:
(i) any use of the Image other than the uses expressly permitted by your License, or any modification of the Image by you;
(ii) the combination of the Image with any other work(s); and/or
(iii) the context in which the Image has been used.
(e) You agree that, subject to requirements imposed by Australian consumer law:
(i) heidi who photos will not be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits even if heidi who photos has been advised of the possibility of such damages, costs or losses;
(ii) heidi who photos shall be under no obligation to issue refunds under any circumstances.
6. Returns
Returns will only be considered based on technical issues with the file. All requests for refunds/cancellations must be made in writing to heidi@heidiwho.com. If the request is approved, heidi who photos will issue a refund to your credit card. If cancelled, your rights to use the content terminate, and you must delete or destroy any copies of the file.
7. Third-Party Claims
heidi who photos warrant that they own all rights in the Images they provide, and that the Images are free from any third party claim or liability.
However, in the unlikely event that an issue arises due to an incorrect warranty (or for any other reason) heidi who photos may need to take action to mitigate liability. This may include sending you a notice requesting you to cease or limit use of the Image you have licensed from the site. In this event, you agree that you will use best endeavours to comply with any such notice provided by heidi who photos. heidi who photos will work with you to arrange for the provision of a replacement Image free of charge.
8. General
(a) These terms constitute the entire Agreement between the parties, and supersede all prior agreements, understandings and representations. heidi who photos may update these terms from time to time by written notice to you.
(b) This Agreement will be governed by and construed in accordance with the laws of South Australia and the parties submit to the exclusive jurisdiction of the courts of South Australia.
PRIVACY POLICY
1. WE RESPECT YOUR PRIVACY
heidi who photos respects your right to privacy and this policy sets out how we collect and treat your personal information.
“Personal information” is the information we hold which is identifiable as being about you.
2. WHAT PERSONAL INFORMATION WE COLLECT
We will collect the following personal information from you:
name
phone number
email address
postal address
country
3. HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect personal information from you in a variety of ways, including: when you interact with us electronically or in person; when you access our website or social media presence(s); and when we provide our services to you.
4. USE OF YOUR PERSONAL INFORMATION
We use your information to provide our service(s) to you. We also use it to improve our service and to notify you of opportunities that we think you might be interested in.
We do not provide your information to third parties, except that we may provide your information to our business partners who assist us in the provision of our services to you.
We will not under any circumstances, sell or rent your information to a third party.
5. SECURITY OF YOUR PERSONAL INFORMATION
We take reasonable steps to protect your personal information. However, we are not liable for any unauthorised access to this information.
6. ACCESS TO YOUR PERSONAL INFORMATION
You can access, update or request the removal of your personal information by contacting heidi@heidiwho.com
7. GOOGLE ANALYTICS ADVERTISING FEATURES
We utilise Google Analytics Advertising features to identify trends of people visiting our website. This information is an aggregate overview and does not allow us to correlate your personal viewing habits on our or other websites. This process is done utilising the Google Analytics cookie.
8. POLICY CHANGES
Any changes to this privacy policy will be updated on this site.
MODEL RELEASE WAIVER
Permission has been granted to photograph all of the people in this Photo Library. However, only the subjects that appear in photographs marked as "Model Release" have signed a formal Model Release Agreement.
A Model Release Agreement allows the photographs to be used for commercial purposes.
Where a photograph has NOT been marked as having a Model Release, you agree not to hold heidi who photos accountable in any claim relating to your usage of the photograph.
RESPECT
Please do not use photograph with any form of branding to advertise similar business or industry. If branding is in photograph, consent is given for editorial usage only. Written consent can be given by heidi who photos for commercial usage if required.
Please contact heidi@heidiwho.com for specific details, if required.