SKY PERTH CONTENT LICENSE AGREEMENT
LAST UPDATED: November 2022
This license agreement between you and Sky Perth explains how you can use photos, illustrations, and video clips you license from Sky Perth. By downloading content from Sky Perth, you accept the terms of this agreement.
Please revisit this agreement when you purchase any Content licenses. Sky Perth reserves the right to modify the licence agreement at any time in its sole discretion. Before such changes become effective, Sky Perth will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Sky Perth account, an announcement on this page, your login page, and/or other means. Modifications to this agreement will only apply to prospective purchases (including any automated renewals). By licensing Content following any such changes, you agree to be bound to the agreement as
Sky Perth offers two types of licenses: standard and extended. Every file downloaded from Sky Perth comes with a standard license. An extended license gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of content is subject to the standard license terms.
You can license files from Sky Perth with a one-off purchase or a subscription. Sky Perth offers monthly or annual subscriptions, which allow you to download a certain number of photos and videos per month and save more.
You are welcome to use watermarked content from the Sky Perth site on a complimentary basis for test or sample layout (composite) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.
- How to use licensed content
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Sky Perth are:
- Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
- Non-exclusive means you do not have exclusive rights to use the content. Sky Perth can license the same content to other customers.
- Worldwide, meaning content can be used in any geographic territory.
- Unlimited, meaning you can use the content in a total number of projects and any media.
For purposes of this agreement:
- “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish or otherwise make use of.
- “Content” means all content available for licence from the Sky Perth website, including images and videos.
- “Video” means any moving images, animations, films, videos or other audio/ visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects, excluding still images, recorded in any format (it can also be called footage).
- “Image(s)” means still photographs, drawings, graphics, and the like.
- “Visual Content” shall refer collectively to Images and Video.
Examples of licensed content use are websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
- Restricted Uses.
- No Unlawful Use. You may not use content in a pornographic, defamatory or another unlawful manner to promote violence or hatred or in violation of any applicable regulations or industry codes.
- No Commercial Use of “Editorial Use Only” Content. You may not use content marked “editorial use only” for commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purposes. This type of content is not model or property released and is primarily intended for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article).
- No Standalone File Use. You may not use content that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo. Unless you purchase a custom license, you may not use content (in whole or part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third-party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
- Sensitive Use Disclaimer Required. Use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases). You must indicate: (1) that the content is being used for illustrative purposes only and (2) that any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content used editorially.
- No False Representation of Authorship. You may not falsely represent that you are the original creator of an end-use made up primarily of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
- No Products for Resale. Unless otherwise written agreement, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself, including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or further distribution for profit. This includes “on demand” products (meaning products in which a third party selects content for customisation on the such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
- No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
- Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 350,000 times in physical print. This restriction does not apply to electronic reproduction.
- No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorised by Sky Perth, you may not use content (including any caption information, keywords or other metadata associated with the content) for machine learning and/or artificial intelligence purposes or for any technologies designed for or intended for the identification of natural persons. Additionally, Sky Perth does not represent or warrant that consent has been obtained for such uses concerning model-released content.
- Who can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have the full legal authority to bind your employer or client to the terms of this agreement. Your employer or client may not use the content if you do not have that authority.
- Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Please note that seat/user restrictions apply. You may only use the content with the appropriate amount of users, as explained in Section 5 below.
- User license restrictions
The standard license or subscription is for a single user. The seat/user restrictions refer to the raw file of the content, not the end project or use.
If you licensed the content with a one-off purchase, you might share content within your single legal entity, but the content may only be available to one person at any one time. Unless you purchase an extended license, you may not store the content on a server (giving more than one person simultaneous access to the content).
If you licensed the content with a subscription, only one person (the same person) may access, license and use the content.
If you need more than a single user to access the content:
- If you licensed the content with a one-off purchase, you must purchase a multi-seat extended license with credits
- If you licensed the content with a subscription, please get in touch with Sky Perth to discuss TeamShare, our multi-user subscription. If you purchase a multi-user subscription, Sky Perth will provide you with the number of user accounts specified on your invoice.
|Type of License||Number of Permitted Users|
|Standard License – One-off Purchase||1 user at a time|
|Standard License – Subscription||1 user at a time|
|Extended License – Subscription||To be defined|
- Account Access & Subscription
- You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Sky Perth immediately of any unauthorised use or another breach of security; and (3) accept all responsibility for activity that occurs under each user account. Sky Perth reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Sky Perth determines that you breach this or any other agreement term, it may suspend access to your account and seek further legal remedies.
- Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal before renewal using your account settings. You expressly grant Sky Perth the right to charge you for each automatic renewal until you timely disable automatic renewal.
- The fees charged by Sky Perth are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you buy. If Sky Perth is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al.) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Sky Perth or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
- Intellectual property rights.
- All of the licensed content is owned by Sky Perth. Sky Perth reserves all rights not expressly granted in this agreement.
- Photo credit: You do not need to include a photo credit for commercial use. However, if you are using content for editorial purposes, you must have the following credit adjacent to the content or in visual production credits: “SkyPerth.com.”
- Video credit:If technically feasible, you must include the following credit in visual productions: “SkyPerth.com.”
Except for subscriptions, this agreement is effective until either party terminates it. You can terminate this agreement by ceasing the use of the content and deleting or destroying any copies. Sky Perth may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Sky Perth in writing that you have complied with these requirements:
- Subscription Termination.Unless renewed, subscription agreements terminate automatically at the end of the subscription period. Sky Perth may cease any licenses before the end of the subscription period if it reasonably believes there is a violation of this agreement and/or abuse of the subscription account, in which case you must immediately: cease using the content, delete or destroy any copies; confirm to Sky Perth in writing that you have complied with these requirements, and pay Sky Perth any amounts which remain owing to the end of the term of your subscription as set on your invoice.
- Social Media Termination. If you use the content on a social media platform or other third-party website and the platform or website uses (or announces that it plans to use) the content for its purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
- Subscription Refunds- Except when required by law, Sky Perth shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before expiration. You authorise Shutterstock to charge you all subscription fees for the term agreed to at the time of purchase. If Sky Perth determines that you are entitled to a refund of all or part of your paid fees, such refund shall be made via Bank Transfer to your account.
- File Download Refunds – Sky Perth does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Sky Perth.
- All requests for refunds/cancellations must be made in writing. If the request is approved, Sky Perth will issue a credit to your account. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal.
- Sky Perth may discontinue licensing any content item at any time at its sole discretion. Upon notice from Sky Perth, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Sky Perth may be liable, Sky Perth may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Sky Perth will provide you with replacement content (determined by Sky Perth in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
- Representations and Warranties.
Sky Perth makes the following representations and warranties:
- Warranty of Non-Infringement. Except concerning content identified as “editorial use only,” your use of the content by this agreement and in the form delivered by Sky Perth will not infringe on any copyright, moral right, trademark or another intellectual property right. It will not violate any right to privacy or right of publicity. All necessary model and/or property releases for the use of the content in the manner authorised by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
- “Editorial Use Only” Warranty Disclaimer. For content identified as “editorial use only,” Sky Perth warrants that the content will not infringe on any copyright or moral right of the artist. Still, it does not grant any right or make any warranty about the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.
- Caption/Metadata Disclaimer. While we have made reasonable efforts to categorise keywords, caption and title the content correctly, Sky Perth does not warrant the accuracy of such information or any metadata provided with the content.
- No Other Warranties. Except as provided in the “warranty of non-infringement” section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied terms, warranties or conditions of merchantability, or fitness for a particular purpose. Sky Perth does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error-free.
- Indemnification/Limitation of Liability.
- Indemnification of Sky Perth by you. You agree to defend, indemnify and hold harmless Sky Perth and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement. Sky Perth shall not be liable for any damages, costs or losses arising from modifications made to the Content or due to the context in which you use the Content.
- Indemnification of you by Sky Perth. Provided that this agreement only uses the content and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties outlined in Section 9(a) above, Sky Perth agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Sky Perth of its warranty in Section 9(a) above. This indemnification does not apply to the extent that any damages, costs, or losses arising from modifications made by you to the content or the context in which you use the content. This indemnification also does not apply to your continued use of content following notice from Sky Perth or upon your knowledge that the content is subject to a claim of infringement of a third party’s right.
- You extended Legal Guarantee. Unless you purchase an extended license, Sky Perth’s total maximum aggregate liability (meaning the total amount Sky Perth is responsible for, whether under this agreement or any other agreement for the same content) is limited to 10,000 dollars per item of content. This limit applies regardless of the times you license the same piece of content from Sky Perth. Under an extended license, this amount is increased to $250,000 US dollars per content item. If you need a higher indemnification amount, please get in touch with Sky Perth.
- The party seeking indemnification must promptly notify the other party about the claim in writing. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defence of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal expenses, including attorney fees and other costs incurred, before the other party gives notice of the claim for which indemnity is sought.
- Limitation of Liability. SKY PERTH AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF SKY PERTH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
- General Provisions.
- Assignment. This agreement is personal to you and is not assignable by you without Sky Perth’s prior written consent. Sky Perth may assign this agreement, without notice or consent, to any corporate affiliate or successor in interest, provided that such entity agrees to be bound by these terms.
- Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide Sky Perth sample copies of projects or end uses that contain licensed content, including by delivering Sky Perth with free-of-charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Sky Perth may, at its discretion, either through its employees or through a third party, audit your records directly related to this agreement and your use of licensed content to verify compliance with the terms of this agreement. Suppose any audit reveals an underpayment by you to Sky Perth of five per cent (5%) or more of the amount you should have paid, then in addition to paying Sky Perth the amount of the underpayment. In that case, you also agree to reimburse Sky Perth for the audit costs. Where Sky Perth reasonably believes that content is being used outside the scope of the license granted under this agreement, you agree, at Sky Perth’s request, to provide a certificate of compliance signed by an officer of your company in a form to be approved by Sky Perth.
- Electronic storage. You agree to retain the copyright symbol, the name of Sky Perth, the content’s identification number and any other information that may be embedded in the electronic file containing the original content and to maintain appropriate security to protect the content from unauthorised use by third parties. You may make one (1) copy of the content for backup purposes.
- Governing Law/Arbitration. This agreement will be governed by and construed by the laws of Australia without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be submitted to the jurisdiction of the courts of Western Australia to bring any action or for enforcement of this agreement. The prevailing party shall be entitled to recover its reasonable legal costs, including attorney fees relating to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the preceding, Sky Perth 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 against you if, in the opinion of Sky Perth, such action is necessary or desirable to protect its intellectual property rights.
- Severability. Suppose one or more of the provisions in this agreement is invalid, illegal or unenforceable. In that case, the validity, legality and enforceability of the remaining provisions should not be affected. Such conditions should be revised only to the extent necessary to make them enforceable.
- Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
- Entire Agreement. No terms or conditions of this agreement may be added or deleted unless made in writing and accepted by both parties or issued electronically by Sky Perth and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
- Notice. All notices required to be sent to Sky Perth under this agreement should be sent via email to email@example.com. All notices to you will be sent via email to the email set out in your account.