Content Mint

Purchasing Terms

When you order any footage from the Content Mint website you agree to be bound by the terms and conditions below.

Please read this document before ordering any material.

Purchasing Terms

1. Whole Agreement

1.1 The parties acknowledge and agree that the Tax invoice received from Content Mint Pty Ltd constitutes your Licence Agreement and incorporates the Terms and Conditions set out in this document.

2. Authority

2.1 Where the person places an order online, clicking the ‘I’ve read and accept the terms & conditions’ checkbox, then proceeds through to payment and completes the payment transaction, the parties agree that this constitutes entering into a binding contractual agreement between the Parties.

2.2 Where the person placing an order is acting on behalf of a company or other organisation you warrant that you are entitled to enter into the agreement on behalf of the Producer.

3. Licence

3.1 On receipt of the Fee, the Agent grants a non-exclusive, non-transferable licence to the Producer or any third party relevant to the specified project to incorporate the Material into the Production specified in the Tax Invoice for the Term of the Agreement. If assigned to any third party for the specified project, the Producer shall remain liable to the Agent for all of the Producer’s obligations under this agreement.

3.2 The licence granted in 3.1 is strictly limited for use only in the Production specified in the Licence Agreement. The Material may not be sold, rented, licensed, re-used, or re-cut into any other production in any format or any other media whatsoever.

3.3 Despite anything else in this Agreement the Agent acknowledges and agrees that excerpts of the Material may be used to promote the Production in the media specified in the Licence Agreement.

4. Costs

4.1 The Producer shall pay all search fees, laboratory costs, freight and any other costs incurred by the Agent in selecting, duplicating and dispatching Material to the Producer immediately upon receipt of an invoice from the Agent.

5. Purchasing Terms

5.1 Fees

5.1.1 The Producer shall not use the Material until the Fee specified in the Licence Agreement has been paid in full.

5.1.2 Fees may be paid through the website checkout.

6. Copyright and Other Intellectual Property

6.1 Any Copyright or other Intellectual Property comprised in the Material remains vested in the Agent as agent for the Owner.

7. Third Party Rights

7.1 The Producer acknowledges and agrees that it is the Producer’s sole responsibility to clear all Third Party Rights and or Underlying Rights contained within the Material at its own cost. It is expressly acknowledged and agreed that the licence granted in Clause 3 does not include clearance of any Third Party Rights and use is subject to the Producer obtaining any and all clearances.

8. Moral Rights

8.1 The Producer acknowledges that the photographer or creator of the Material or the images incorporated into the Material may have Moral Rights in the Material.

8.1.2 The Producer agrees not to falsely attribute or authorise the false attribution of the Material or use or authorise the use of the Material in a derogatory manner or omit to provide correct attribution of the photographer or creator of the Material.

9. Disclaimer

9.1 The Agent does not warrant the suitability of the Material for any purpose.

9.2 The Producer acknowledges that it is the Producer’s responsibility to ensure that the Material is suitable for the Producer’s technical requirements for incorporation into the Production.

9.3 To the extent permitted by law, the Agent excludes all implied conditions and warranties. If conditions and warranties are implied by law under the Trade Practices Act 1974 and similar legislation and cannot be excluded, the Agent limits liability to the extent permitted by law.

10. Indemnity

10.1 The Producer indemnifies the Agent against any loss, damage or other liability arising from the use of the Material to the extent that such damage or loss is caused by a wrongful (including negligent) act or omission (including but not limited to, the failure of the Producer to obtain the right to use any Third Party Rights in the Material), of the Producer or its employees, officers or agents.

11. Termination

11.1 The Agent may terminate this licence if the Producer is in breach of this Licence Agreement. At the expiration or earlier termination of this Licence Agreement the Producer will immediately cease all and any use of the Material and erase all copies in its possession or under its control.

12. Governing Law

12.1 This Agreement is governed by the law of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts of that State.

13. GST

13.1 If GST is imposed on a supply made under this Agreement then the Producer must pay the amount of GST in addition to and at the same time as the amount payable for the supply of the Material.

Reservation of Rights

Any rights not expressly granted or licensed are reserved to the Agent.

Definitions

  • Licence Agreement
    means the Tax invoice received from Content Mint which incorporates the terms and conditions outlined in this document.
  • Tax Invoice
    means the document received from Content Mint Pty Ltd detailing the Material to be licensed, the Terms of the Agreement with all applicable fees and charges.
  • Producer
    refers to the individual or organisation to whom the Licence is granted.
  • Agent
    refers to Content Mint Pty Ltd or its legal representatives.
  • Parties
    refers jointly to the Producer and Agent as described in this document.
  • Fee
    refers to the payment made by the Producer to Content Mint Pty Ltd.
  • Intellectual Property
    means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know how and all other intellectual property rights incorporated into the Material.
  • Material
    is as defined in the Tax invoice received from Content Mint.
  • License Use
    as defined on the Tax invoice refers to the allowed application of the Material.
  • Advertising
    means the Material can be incorporated into a Production for promotional purposes.
  • All Media exc Advertising
    means the Material can be incorporated into a Production on any known media type excluding promotional purposes subject to clause 3.3 in these Terms and Conditions.
  • Education
    means the Material can be incorporated into a Production of any media type that is to be used solely for educational purposes.
  • Event / Pitch
    means the Material can be incorporated into a Production for use in a single event, or in a Production of a non-broadcast, non-commercial nature including but not limited to sizzle reels or other Productions created to pitch or present concepts.
  • License Type
    as defined on the Tax invoice refers to the allowed use of the Material when used for Advertising purposes.
  • Cinema Commercial
    means a promotional advertisement to be screened in a Theatrical environment.
  • In Flight / Street Vision / Transit TV
    means a promotional advertisement to be screened in an enclosed, transit based information media system, such as on commercial aircraft or train services.
  • In Store
    means a promotional advertisement to be screened in a retail shopping environment such as in a shopping mall or supermarket.
  • Internet Commercial
    means a promotional advertisement to be screened on the internet only.
  • Live Event
    means a promotional advertisement used at a single public event such as a book launch or public ceremony.
  • Stadiums
    means a promotional advertisement used within the confines of a stadium or arena.
  • TVC Subscription
    means a promotional advertisement to be screened on subscription TV networks only.
  • TVC Free to Air
    means a promotional advertisement to be screened on subscription Free to Air networks only.
  • Network On-Air Promotions
    promotional material used to promote content for a specific broadcaster, channel or network.
  • License Period
    as defined on the Tax invoice refers to the allowed duration of use for the agreed License Use and Type.
  • One Year
    is only applicable to Advertising use and means one year from the Licence date as recorded on the Tax Invoice.
  • Up to 5 Years
    means 5 years from the License Commencement Date as recorded on the Tax Invoice.
  • Up to 10 Years
    means 10 years from the License Commencement Date as recorded on the Tax Invoice.
  • Perpetuity
    means an infinite period commencing from License Commencement Date.
  • Single Use
    means for use only the date specified on the License Commencement Date.
  • License Territory
    as defined on the Tax invoice refers to the geographic region in which the use of the Material is granted.
  • One Country
    means the Material may be used in Productions to be viewed in one country only.
  • One Region
    means the Material may be used in Productions to be viewed in one region only.
  • Worldwide
    means the Material may be used in Productions to be viewed in any region on Earth
  • Owner
    means the owner of the Copyright in the Material.
  • Production
    as defined on the Tax invoice received from Content Mint.
  • Terms of the Agreement
    refers to the License Use, License Type, License Period and License Territory as defined on the Tax invoice recieved from Content Mint.
  • Third Party Rights
    means any Copyright, other Intellectual Property or performance incorporated into the Material which is owned or controlled by any third party.
  • Copyright
    has the meaning ascribed to it in the Copyright Act 1968 (Commonwealth of Australia)
  • GST
    means the goods and services tax under A New Tax System (Goods and Services) Act 1999 (Commonwealth of Australia).
  • Moral Rights
    means the moral rights granted to creators under the Copyright Act 1968 (Commonwealth of Australia).
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