Terms of Use

This website and the associated online services are provided by ImageBrief Pty Limited A.C.N. 149 982 703 ("ImageBrief").

By clicking a button or checkbox on your computer screen (including without limitation your acceptance of this agreement) or by accessing the Site, the User acknowledges and confirms that the User has read, understood and agreed to be bound by the terms and conditions set out below. If the User does not agree to all of the terms and conditions contained in these terms of use, the User should not access or use the Site.

The User acknowledges and confirms that ImageBrief may from time to time vary these Terms by publishing updated Terms on our Site or by notifying the User in any other way. Please be sure to visit our Site regularly to keep up to date with any changes.

Capitalised words used in these terms of use have the meaning given in the dictionary at the beginning of these terms and conditions.

1. Definitions

Unless inconsistent with the context, the following expressions shall have the following meanings:

• "Award Amount" means the amount to be paid by the Tender Holder for an image or images, as the case may be, as specified in a Brief;
• "ImageBrief" means ImageBrief Pty Limited ACN 149 982 703;
• "Image Provider" means a person or entity who submits images is response to a tender for review and consideration by the Tender Holder
• "Image Provider Award Amount" means an amount equivalent to a percentage of the Award Amount that is payable to the Image Provider;
• "Intellectual Property Rights" includes all intellectual property rights and industrial property rights throughout the world including rights in respect of or in connection with:
  • (a) any Confidential Information;
  • (b) copyright (including future copyright and rights in the nature of or analogous to copyright);
  • (c) right of integrity, rights of attribution and other rights of an analogous nature which may now exist or which may exist in the future (moral rights);
  • (d) inventions (including patents);
  • (e) trade marks;
  • (f) service marks; and
  • (g) designs;
  • whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions;
• "Listing Fee" means a fee to be charged by ImageBrief to a Tender Holder for holding a Tender on the Site;
• "Services" means the participation in Tenders held upon the Site for the purchase, sale and supply of images using the Site, subject to these Terms;
• "Site" means www.ImageBrief.com or any other website which is operated by ImageBrief, and includes the whole or any part of the web pages located at www.ImageBrief.com (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content);
• "Success Fee" means an amount equivalent to a percentage of the Award Amount that is payable to ImageBrief;
• "Tender" means a tender held by the Tender Holder on the Site, pursuant to which prospective Image Providers submit images for review and consideration for purchase;
• "Tender Completion" means means the date which is the earlier of the following:
  • (a) the date upon which a Tender Holder selects an image or images which satisfy the requirements of the Tender Holder as set out in the Brief; and
  • (b) the date upon which a Tender closes;
• "Tender Holder" means the person or entity that hosts a tender relating to a specific request for imagery, pursuant to which prospective Image Providers submit images;
• "Terms" means these terms of use;
• "User" means any user of this Site, includes a Tender Holder or an Image Provider;
• "User Account" means an online account with ImageBrief which enables a User to use the Site.

2. Service

ImageBrief provides a service whereby Tender Holders and Image Providers may participate in a Tender process for the purchase and sale of images in accordance with these Terms and the terms of any Intellectual Property Licence Agreement, Non-Disclosure Agreement, or any other policy or procedure communicated by ImageBrief from time to time.

3. User Accounts

• (1) When a User registers to use the Services via the Site, the User will be provided with a username and password (a "User Account").
• (2) The User agrees to keep their password confidential and secure at all times.
• (3) By registering for a User Account, the User represents and warrants that:
  • (a) the User is at least eighteen (18) years of age;
  • (b) the User agrees to comply with these Terms;
  • (c) the information provided by the User to create the User Account is true and correct in every detail;
  • (d) the User will only use the User Account of that User for the purpose of using the Services and for no other purpose;
  • (e) the User will not attempt, in any manner whatsoever, to violate the security of the Site.
• (4) The User acknowledges and agrees that:
  • (a) the User will provide upon request all documentation that ImageBrief may require for the purposes of verifying the identity of the User, including but not restricted to notarized copies of passports, identity cards or drivers licences;
  • (b) certain information submitted by the User when creating a User Account may be made available to other users of the Site.
  • (c) the User will use the Site and the Services in compliance will all applicable laws;
  • (d) the User will not use the Site, the Services or the User Account in a fraudulent or illegal manner;
  • (e) the User will not use the Site, the Services or the User Account to complete, or attempt to complete any commercial transaction between Users outside of the Site, including but not limited to the sale and purchase of images relating to any Tender, current or historical, held on the Site.
• (5) If the User is using the Services on behalf of the employer of the User, the User warrants they have the authority to enter into this agreement on behalf of their employer and acknowledges that both the User and the employer of the User will be bound jointly and severally in relation to these Terms.

4. Posting a Tender

• (1) A Tender Holder may initiate a Tender.
• (2) As part of a Tender, a Tender Holder will post a detailed description of the requirements of the Tender Holder on the Site ("Brief")
• (3) A Brief may include information including but not limited to the following:
  • (a) the Award Amount;
  • (b) the number of images required;
  • (c) the intended use of the image;
  • (d) the period of time for which the image or images, as the case may be, is or are intended to be used; and
  • (e) the cut-off date for the provision of images for review and consideration by the Tender Holder.

5. Responding to a Tender

• (1) An Image Provider may respond to a Tender by uploading via the Site high resolution images which satisfy a Brief. High resolution images will be securely stored and will not be released to the Tender Holder prior to their selection ("awarding") by the Tender Holder.
• (2) An image uploaded by an Image Provider will be post-processed to reduce its size and a digital watermark will be added prior to the display of the altered image on the Site for review and consideration by the Tender Holder.
• (3) A Tender Holder may, but is not obliged to, provide an Image Provider with a rating or feedback on any images submitted by the Image Provider in response to a Tender.
• (4) Each of the Tender Holder and Image Provider acknowledge that:
  • (a) there is no limit to the number of entries that an Image Provider may submit in response to a Brief;
  • (b) a Tender Holder may select multiple entries submitted by one or more Image Providers, as the winning submission or submissions, as the case may be.
• (5) When a Tender Holder selects for purchase ("Awards") an image entered into the Tender by an Image Provider, the Tender Holder and Image Provider will be deemed to have entered into a separate binding Intellectual Property Licence Agreement in relation to the supply of the image by the Image Provider to the Tender Holder. Each of the Tender Holder and Image Provider acknowledge and agree:
  • (a) To be bound by the terms of the Intellectual Property Licence Agreement into which you have been deemed to have entered by virtue of your participation in the Tender as either Tender Holder or Image Provider.
  • (b) That ImageBrief shall not be a party to the Intellectual Property Licence Agreement between the Tender Holder and Image Provider and shall bear no liability whatsoever in relation to this agreement or any aspect of it.

6. Fees and Charges

• (1) The Tender Holder acknowledges, confirms and agrees that the costs to be incurred by the Tender Holder for using the Services are as follows:
  • (a) prior to the publication of a Tender on the Site, the Listing Fee will be payable by the Tender Holder to ImageBrief by credit card, PayPal, or on-account purchase for approved Tender Holders only;
  • (b) prior to the publication of a Tender on the Site, the Award Amount for a single image will be authorized by the Tender Holder to ImageBrief by credit card, PayPal, or on-account purchase for approved Tender Holders only;
  • (c) upon Tender Completion and award of a single image, the Award Amount for a single image previously authorized will be payable by the Tender Holder to ImageBrief by credit card, PayPal, or on-account purchase for approved Tender Holders only;
  • (d) upon Tender Completion and award of multiple images, the total Award Amount for all images selected for purchase will be payable by the Tender Holder to ImageBrief by credit card, PayPal, or on-account purchase for approved Tender Holders only and this amount will be comprised of the amount previously authorized to be payable as well as an additional amount payable to reach the required total amount.
• (2) The Image Provider acknowledges, confirms and agrees that:
  • (a) within a period of 30 days after Tender Completion (for images purchased by credit card or PayPal), or 60 days after Tender Completion (for images purchased "on account" by approved Tender Holders only), ImageBrief will credit the PayPal account of an Image Provider whose image has been awarded an amount equivalent to the Image Provider Award Amount;
  • (b) ImageBrief will retain the Success Fee.
• (3) Unless published otherwise on the Site:
  • (a) registration as a Tender Holder is free;
  • (b) registration as an Image Provider is free.
• (4) Each of the Image Provider and the Tender Holder acknowledge, confirm and agree that:
  • (a) ImageBrief may, in the sole and absolute discretion of ImageBrief, increase, decrease, modify, alter, introduce or remove any fee charged by ImageBrief for the Services, either permanently or temporarily;
  • (b) Imagebrief will provide 30 days notice to existing Image Providers for any prospective change of the fees charged by ImageBrief for the Services, and these changes will only affect transactions that take place after the 30 day notice period has elapsed;
  • (c) unless otherwise stated all fees are in US dollars.

7. Site Access

• (1) The User agrees to use the Site in accordance with these Terms, and any other communicated policies or procedures which are posted on the Site from time to time. The User agrees to comply with all directions relating to the access and use of the Site.
• (2) ImageBrief will not provide the User with any software or hardware required to assist the User in gaining access to the Website.
• (3) ImageBrief may, in the absolute discretion of ImageBrief, retain and assess any data or information concerning the use of the Site by the User.
• (4) The User must ensure compliance with the provisions of any relevant statutes, regulations, by-laws, and the requirements of any governmental authority.
• (5) ImageBrief reserves the right to immediately, and without notice to the User, suspend or terminate the right of the User to access the Site for any reason whatsoever, including if:
  • (a) the User fails to comply with any provision of these Terms including without limitation in respect of the payment of any fees;
  • (b) the User misuses the Site or fails to comply with the obligations of the User as to the use and access of the Site.
  • (c) the User fails to comply with any Terms, agreements, policies or procedures as communicated by ImageBrief from time to time.
• (6) The User acknowledges that access to the Service may be suspended or terminated at any time at the sole discretion of ImageBrief.

8. Site Availability

The User acknowledges and confirms that:

• (a) the Site or any part of the Site may be temporarily or permanently unavailable;
• (b) ImageBrief makes no representation or guarantee that access to the Site will be secure, uninterrupted or error free;
• (c) ImageBrief makes no representation or assurances that the Site will satisfy the requirements of the User;
• (d) ImageBrief makes no representation or assurances that the Site will comply with any particular laws, regulations, codes or industry standards;
• (e) ImageBrief is not responsible for the suspension or interruption to the Site or any part of the Site, regardless of the cause of such interruption or suspension;
• (f) ImageBrief may change the Site or any part of the Site at any time and without notice to the User;
• (g) ImageBrief may, in its absolute discretion and without notice to the User, deny the User access to the Site or any part of the Site at any time and for any period of time.

9. Confidential Information

• (1) The User must treat as confidential all Confidential Information which comes into possession of the User, pursuant to or as a result of or in the performance of these Terms, whether such information relates to the business, sales, marketing or technical operations of ImageBrief, or the Intellectual Property Rights or industrial property rights of ImageBrief, or otherwise.
• (2) The User must not, without the prior written permission of ImageBrief, copy or cause to be copied or disclose Confidential Information to a third party, or otherwise use or exploit the Confidential Information.
• (3) The foregoing obligations and commitments not to disclose Confidential Information shall not apply to:
  • (a) Confidential Information which is at the time of disclosure or thereafter becomes part of the public domain through no act or omission by a User;
  • (b) Confidential Information which was otherwise lawfully in the possession of a User, prior to disclosure, as shown by written records;
  • (c) Confidential Information which is after the date of this Agreement lawfully disclosed to a party by a third party which did not acquire the confidential information under an obligation of confidentiality from or through the other party; or
  • (d) disclosure where required by law or a regulatory body.
• (4) The obligations of the User under this clause shall survive the termination of this Agreement.

10. Intellectual Property Rights

• (1) The Users acknowledge and confirm that, unless otherwise agreed in writing, ImageBrief shall retain all Intellectual Property Rights associated with the Site (but not your images).
• (2) The User acknowledges confirms and agrees that:
  • (a) all Intellectual Property Rights (excluding images uploaded to the Site by Image Providers) in the Site are solely owned by ImageBrief;
  • (b) the User will not:
    • (i) remove any information which gives notice of the rights of any person (including ImageBrief) in the Site;
    • (ii) allow any act to be done in respect of the Site which is not expressly permitted by these Terms.
• (3) On supply or upload of an image to the Site, an Image Provider grants to ImageBrief a non-exclusive, non-transferable, worldwide, perpetual and royalty-free licence to:
  • (a) use or display on the Site any image supplied by an Image Provider;
  • (b) use, display, distribute, reproduce, or prepare derivative work from, any image supplied by an Image Provider, solely for the purpose of marketing, promoting, or advertising ImageBrief and its services;
• (4) ImageBrief's right to use your image(s) (subject to the terms of clause (3) above) may only be revoked by you prior to any decision being made by ImageBrief to use the image, which is made internally without any notice to you. To revoke ImageBrief's right to use your image(s), ImageBrief must receive a written request from you to help@imagebrief.com;
  • (a) If ImageBrief has has made an internal decision to use your images, you will no longer be able to revoke ImageBrief's right to use your image(s) and ImageBrief will have no obligation to discontinue the further use of the image(s) (though we may, at our sole and absolute discretion, attempt to do so);
  • (b) After ImageBrief has received your written request, ImageBrief will have 7 business days to implement your request.

11. Subcontractors

ImageBrief may subcontract the whole, or any part, of the obligations of ImageBrief under these Terms without the prior consent of the User.

12. Indemnity

• (1) Each User must indemnify and keep indemnified ImageBrief from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by ImageBrief arising from any claim, demand, suit, action or proceeding by any person against ImageBrief where such loss or liability arose out a breach by a User of these Terms or the use of the Website.
• (2) Each User must indemnify and keep indemnified ImageBrief from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by ImageBrief arising from any claim, demand, suit, action or proceeding by any person against ImageBrief where such loss or liability arose out of an infringement, or alleged infringement, of the intellectual property rights of any person, which occurred by reason of the use of the Services or the Site.

13. Assignment

The User must not assign any of its rights under this Agreement without the prior written approval of ImageBrief. The approval of ImageBrief will be subject to such conditions as ImageBrief may reasonably impose. ImageBrief's approval will not relieve the User of its obligations under these terms.

14. Implied Terms

• (1) Subject to paragraph (2) below, any condition or warranty which would otherwise be implied in these Terms is hereby excluded.
• (2) Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of ImageBrief for any breach of such condition or warranty shall be limited, at the option of ImageBrief, to one or more of the following, if the breach relates to services:
  • (a) the supplying of the services again; or
  • (b) the payment of the cost of having the services supplied again.

15. Disclaimer, Indemnity and Exclusion of Liability

• (1) The User acknowledges that:
  • (a) in accessing the Site that the User relied on its own skill and judgment in the selection of the Site and in determining the use and result, which User intends to obtain from the Site;
  • (b) no promise, representation or warranty has been made by ImageBrief in respect of the profitability, benefits or any other consequence in the use of the Site, or in respect of the suitability of the Site to the operations, business or needs of the User.
• (2) The Site is provided “as is,” and ImageBrief hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory. ImageBrief does not warrant or represent that the Site will be free from bugs or that the use of Site will be uninterrupted or error free, and ImageBrief does not make any other representations regarding the use, or the results of use, of the Site in terms of accuracy, reliability, or otherwise.
• (3) ImageBrief shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.
• (4) The rights and obligations of each of the parties under this paragraph (Disclaimer, indemnity and exclusion of liability) will survive expiration or termination of these Terms.

16. Force Majeure

Neither Party is liable to the other Party in respect of the results of any delay or failure to perform its obligations pursuant to these Terms if such delay or failure is caused by acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond the control of a party, provided that such party has not substantially contributed to the occurrence of such acts through its own default or negligence.

17. Further Assurances

Each of the parties will upon request by any other party hereto at any time and from time to time, execute, sign and deliver all documents and do all things necessary or appropriate to evidence or carry out the intent and purposes of these Terms.

18. Entire Agreement

These Terms constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements an understanding, whether verbal or in writing.

19. Other Websites

The Site may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. ImageBrief should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. ImageBrief is not responsible for information on, or the privacy practices of, such websites. ImageBrief does not permit any linkages to this Site without written permission.

20. Secure Data

Given the nature of the internet, ImageBrief cannot guarantee that any data transmission is totally secure. Whilst ImageBrief takes precautions to protect information, ImageBrief does not warrant and cannot ensure the security of any information you transmit to ImageBrief or this Site. You therefore transmit to this Site at your own risk. However, once ImageBrief receives your transmission, ImageBrief will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact ImageBrief immediately by email at help@imagebrief.com

21. Viruses and Malware

Given the nature of the internet, ImageBrief cannot guarantee that this Site is free from viruses, "malware", fault or other conditions which could damage or interfere with your computer systems, and ImageBrief does not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and, to the maximum extent permitted by law, ImageBrief disclaims all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, ImageBrief accepts no responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

22. Cookies

The Site requires the use of cookies to gather and maintain data in relation to this Site and you consent to ImageBrief doing so.

23. Privacy

If ImageBrief collects your personal information ImageBrief does so in accordance with our Privacy Policy available on this Site. The Privacy Policy explains how ImageBrief manages your personal information in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

24. General Disclaimer

ImageBrief makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Site or to its availability, functionality or performance, except as otherwise provided under any applicable law. You expressly agree that your use of the Site is at your sole risk.

ImageBrief does not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor does ImageBrief accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site. To the maximum extent permitted by law, ImageBrief disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this Site is at your own risk. To the maximum extent permitted by law, ImageBrief excludes all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, ImageBrief limits our liability to the re-supply of the relevant information or services.

You agree to indemnify ImageBrief, our officers, employees, shareholders, agents and other persons involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to ImageBrief via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2001 (Cth).

You will not hold ImageBrief responsible for the actions or inactions of any other user of this Site. ImageBrief does not have any control over and does not guarantee the actions of site users.

25. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. ImageBrief makes no representations that the content of this Site complies with the laws of any country outside Australia.

26. General

ImageBrief may, from time to time, add or remove information, products or services from this Site without notice.

ImageBrief reserves the right to amend these Terms at any time without notice. Your continued use of this Site will represent an agreement by you to be bound by the Terms as amended. Where your access to this Site is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

A provision of or a right created under these Terms may not be waived or varied by ImageBrief except in writing signed by the party or parties to be bound.