Perth Observation Wheel

File ID1286

Contributor:samliew
Views:0
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Date Taken:2009-04-15 04:00:00
Country Taken In:Australia

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Pixels Inches DPI Size Credits
XS 500 x 375 6.9 x 5.2 72 0.16MB 1
S 1000 x 750 13.9 x 10.4 72 0.64MB 2
M 1600 x 1200 5.3 x 4 300 1.64MB 3
L 2400 x 1800 8 x 6 300 3.71MB 4
XL 3200 x 2400 10.7 x 8 300 6.61MB 5
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Description

This was taken in the city of Perth, Western Australia, in 2009. It has since closed for a a major waterfront redevelopment.

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2014-10-27 13:33:08

Content License Agreement

This Agreement sets out the terms that apply to members and clients of VIVIstock® in regard to obtaining the right to use Content such as stock photographic, illustrations, animations, video, footage, and other media provided by contributors of VIVIstock.com through its website http://www.vivistock.com (the “Site”). This Content License Agreement is in addition to the Terms of Use applicable to the Site and to the Membership Agreement entered into by all persons providing content to or downloading content from the Site. Should there be any inconsistency between this Agreement, the Membership Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall supersede and apply.

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Permit to use the Content is granted only to you. Transferring of files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses is allowed only under the condition that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you need the Content to be in more than one location or accessible by more than one person, you are required to download the Content from the Site each time of use. You may make one (1) copy of the Content only for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

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If there is any doubt that a proposed use is a Permitted Use, you should contact VIVIstock’s Client Relations for guidance.

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(a) Prohibited Uses. You may not do anything with the Content that is not expressly stated in the preceding Permitted Use section or is not permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” restricting you from doing any of the following:

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5. Excess Reproduction Run

In the event you be in breach of subparagraph 4(a)(xv) above, you further agree to notify VIVIstock in case you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to VIVIstock each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 500,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only require disclosure of those reproductions which are in excess of 500,000. VIVIstock shall bill you for the fees relating to such excess use and you shall agree to pay the amount reflected therein 30 days upon receipt.

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(b) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, VIVIstock does not warrant the accuracy of such information. Furthermore, VIVIstock does not warrant the accuracy of any metadata that may be provided with the Content.

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(d) Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

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(b) The indemnification set out in Section 8(a) above is conditioned on your prompt notification in writing of VIVIstock of such claim and our right to assume the handling, settlement or defence of any claim or litigation. You agree to cooperate with VIVIstock in the defence of any such claim or litigation and shall have the right to participate in such litigation at your sole expense. VIVIstock shall not be liable for legal fees and any other costs incurred prior to the notice of the claim.

(c) IN NO EVENT SHALL VIVISTOCK OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE.

(d) NOTWITHSTANDING ANY OTHER TERM HEREIN, VIVISTOCK SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFCATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.

(e) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF VIVISTOCK UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE OBLIGATION OF VIVISTOCK UNDER SECTION 8(a) SHALL BE LIMITED TO AN AGGREGATE OF TEN THOUSAND ($10,000) US DOLLARS. FOR GREATER CLARITY, VIVISTOCK’S LIABILITY TO YOU IN RESPECT OF THE CONTENT SHALL NOT EXCEED TEN THOUSAND ($10,000) US DOLLARS REGARDLESS OF THE NUMBER OF TIMES THAT YOU LICENSE THE SAME CONTENT FROM VIVISTOCK.

(f) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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You agree to indemnify, defend and hold VIVIstock, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “VIVIstock Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any VIVIstock Party as a result 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.

10. General Provisions

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed and understood the terms of the Membership Agreement and Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

(b) VIVIstock’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be interpreted as a waiver of any provision or right.

(c) This Agreement is personal to you and is not assignable by you without VIVIstock’s prior written consent. VIVIstock may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

(d) If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.

(e) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.

(f) This Agreement will be governed under the laws of the state of Singapore (without reference to conflicts of laws principles). This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.

(g) Any and all disputes arising out of, under or in relation to this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Singapore and shall be conducted in the English language.

(h) The parties have requested that this Agreement and all related documents be drawn up in English.

11. Contact

If you have concerns with regard to this Agreement, please contact VIVIstock at [email protected]istock.com or via phone at +65-6235-9275.

12. Statement of Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL PRIOR TO AGREEING TO IT. IN CONSIDERATION OF VIVISTOCK AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VIVISTOCK, WHICH SUPERSEDES ANY PROPOSAL, DEAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VIVISTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT.

© VIVIstock LP 2014. All rights reserved.

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