1. Media Use
1.1 This license is individual, non-transferable and nonexclusive. It gives you the right to use the media to market the property on any medium, such as the illustration of press articles, advertising, online use, as well as the right to carry out any form of reproduction, printed or digital.
1.2 This license is granted to you with a time limit based on the life of the property listing with the current contracting agent or unless you should fail to respect one of its clauses. This license allows you to crop the media, to take elements out of them, to use them partially, to retouch them or add elements to them.
1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute whole or part of any media, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar to sell the property.
1.4 It is forbidden to use the media in a context which might be political, slanderous, immoral, offensive or degrading
1.5 4wallsmedia (ABN 84 410 823 503) certifies that it is entitled to all the commercial rights pertaining to the media.
1.6 All rights pertaining to the media are owned by 4wallsmedia (ABN 84 410 823 503). The granting of this license does not imply a transfer of ownership.
1.7 All media is protected by the laws on royalty and copyright. You are therefore under the obligation to use the media like any other protected product.
1.8 Any representation or reproduction, complete or partial, carried out without the consent of 4wallsmedia (ABN 84 410 823 503) may be considered a breech of these terms and conditions.
1.9 All media provided by 4wallsmedia (ABN 84 410 823 503) to the listing agent are 100% owned by 4wallsmedia (ABN 84 410 823 503) unless otherwise stated.
1.10 4wallsmedia (ABN 84 410 823 503) may resell media rights to third parties, other real estate agents or advertising agencies.
2. Disclosure to vendors, tenants, investor or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the media use agreement (section 1) and that all images captured or produced remain the property of 4wallsmedia (ABN 84 410 823 503) and may only be used for the life of the listing. This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the media for personal use only and must not reproduce, resell or redistribute the media for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided will include a watermark or security tag.
2.3 All bookings are a direct contract between 4wallsmedia (ABN 84 410 823 503) and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between 4wallsmedia (ABN 84 410 823 503) and the listing agent and have no rights over any media unless specifically requested and agreed to.
3. Governing Laws
3.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of the Australia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Not withstanding the foregoing, 4wallsmedia (ABN 84 410 823 503) shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of 4wallsmedia (ABN 84 410 823 503), such action is necessary or desirable.
4. Cancellation Fee
4.1 Cancellation of bookings made less than one hour to actual job time will incur a cancellation fee of 50% of the booking price.
5. The term ‘media’
5.1 The term ‘media’ used throughout this document relates to all digital content (including, but not limited to, photography, floor plans and video) produced or provided by 4wallsmedia (ABN 84 410 823 503).