Terms & Conditions

DLibrary Terms of Use

Last Updated: May 2015

Terms of Use

By using this website at any time or by downloading or being provided by us in any manner any image(s) available on this website (Images), you agree to these DLibrary Terms of Use, including any modification, alteration or update to these DLibrary Terms of Use from time to time. These DLibrary Terms of Use constitute a legal agreement between you and PMP Digital Pty Ltd (ABN 76 004 386 672) (us or we) and we reserve the right to modify, alter or otherwise update these DLibrary Terms of Use at any time and without notice.

Licence

PMP Digital will have sole discretion as to whether your application to gain access to, and obtain permission to, use the DLibrary Images is denied or approved. If PMP Digital approves your application, you are then granted permission to download and use the Images in accordance with any conditions agreed to between you and us and the terms and conditions contained in these DLibrary Terms of Use. The right to access the Images is personal to you and cannot be assigned. You are not to share your registered user details, including log-in and password, with any other person or entity. Additionally, you are not to apply for or hold more than one account or use another registered user's account in breach of these DLibrary Terms of Use. Any use or suspected use of your account by a third party should be notified to PMP Digital immediately, failure to do so may result in termination of your account and prohibition from further registration. Except as expressly set out in these DLibrary Terms of Use or otherwise agreed between you and us, you acquire no ownership or rights, including without limitation copyright and other intellectual property rights in the Images other than the permission in accordance with these DLibrary Terms of Use (which is non-exclusive). Unless agreed to by PMP Digital in writing, no modifications may be made to any of the Images. All rights not expressly granted in these DLibrary Terms of Use or any conditions agreed to between you and us are reserved by PMP Digital.

Use of Images

You are only permitted to use the Images on this site for legitimate promotion and review purposes or for any purpose in any conditions agreed to between you and us (which may if agreed include the reproduction and publishing of the Images). Under no circumstances are the Images to be used for purposes that may show or otherwise treat the Images (or any product or service depicted in the Images) in an illegal, defamatory, derogatory, negative or otherwise prejudicial way. You may use the Images in advertising materials without PMP Digital's further written consent, but the Images must not be sub-licensed, resold or distributed for commercial gain or allowed to be modified or incorporated into any other internal or web based image library service without the express written consent of PMP Digital. You must ensure that any copyright or other intellectual property notices contained in the Images are retained and not obscured in any way.

You agree to comply with all reasonable requests by PMP Digital to withdraw any of the Images from publication for any reason, including potential illegality or legal liability of any party in relation to or arising out of the use of the Images. Except as provided in these DLibrary Terms of Use, the DLibrary logo and name must not be used in any way without the prior written consent of PMP Digital. If you have any doubts about the way in which you intend to use any of the Images, please contact DLibrary Sales via sales@dlibrary.com.au

If you or any third party to whom you have provided any Images uses any of the Images in breach of these Terms of Use, PMP Digital may in its absolute discretion terminate your licence to use any or all Images from the DLibrary Image Library.

General
  1. The Images and the Image Library are provided on an "as is" basis. Neither PMP Digital nor its directors or employees give or make any representation or warranty (either express or implied) as to the completeness, accuracy or reliability of the contents of the Images or the Image Library nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of the Images or the Image Library.
  2. Where any Act of Parliament implies any term, condition, representation or warranty into the contents of the Images or the Image Library or your use of or access to the Images or the Image Library, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. To the extent permitted by the Act however, PMP Digital's liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as PMP Digital may choose.
  3. You agree to indemnify and keep indemnified PMP Digital from and against any and all damage or liability whether criminal or civil suffered by PMP Digital as a result of the use of the Images or the Image Library in any manner or for any purpose whatsoever by you or any person or entity to whom you supply Images. Your obligations under this clause 3 will survive the termination of this agreement.
  4. You may not assign any rights you may have under these DLibrary Terms of Use without the prior written consent of PMP Digital.
  5. hese DLibrary Terms of Use are to be governed and construed according to the laws of Victoria, Australia.
Termination

Upon termination of this agreement for any reason: (i) unless otherwise agreed between you and us, all rights granted to you will automatically revert to PMP Digital; (ii) you must immediately cease any use of the Images and must delete the Images and all copies of them from all media and destroy all other copies of the Images, or upon request by PMP Digital, return all those copies to PMP Digital.

Privacy Policy

By completing and submitting the DLibrary registration form you consent to PMP Digital collecting the personal information supplied by you. We collect your personal information for the purpose of authorising you to download images from the service located at https://www.dlibrary.com.au and https://www.dlibrary.net.au. By registering, you consent to PMP Digital using your personal information to notify you of any changes to the service, any new features and news updates relating to the service. All personal information submitted to PMP Digital through this website is subject to the DLibrary Privacy Policy.