About - Moody Photos
About me;
Hello my name is Rob Mitchell, aka Moody Photos.
I am a photographer based in Melbourne Australia.
This site features Photo images and Photo Artistry I have created over the last few years as a professional photographer.
Take your time, have a good look through the images - and feel free to send me a message on the Contact page.
Hello my name is Rob Mitchell, aka Moody Photos.
I am a photographer based in Melbourne Australia.
This site features Photo images and Photo Artistry I have created over the last few years as a professional photographer.
Take your time, have a good look through the images - and feel free to send me a message on the Contact page.
All Photos and Photo Art displayed on the site can be printed in a variety of ways.
PRINTS
All images on the site can be printed for you in the following configurations:
Standard print in Gloss or Matte finish*
4 x 6 in
5 x 7 in
8 x 12 in
Canvas print rectangular*
8 x 12 in
12 x 16 in
16 x 24 in
Canvas print square**
12 x 12 in
16 x 16 in
* All standard and canvas prints do not come supplied with a frame.
** Square Canvas prints offered for limited number of images, or they can be specifically ordered.
PRINTS
All images on the site can be printed for you in the following configurations:
Standard print in Gloss or Matte finish*
4 x 6 in
5 x 7 in
8 x 12 in
Canvas print rectangular*
8 x 12 in
12 x 16 in
16 x 24 in
Canvas print square**
12 x 12 in
16 x 16 in
* All standard and canvas prints do not come supplied with a frame.
** Square Canvas prints offered for limited number of images, or they can be specifically ordered.
Terms and Conditions
Moody Photos
Terms and Conditions - Image Usage Agreement
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE
CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.
Welcome to the MoodyPhotos.net website ("Website"). You are required to follow the terms and conditions if you use the
Website located at MoodyPhotos.net. Your use of the services provided by Moody Photos Photography indicates your acceptance of these terms and conditions.
1. Use of Image/s.
"Image/s" shall mean photographs, photo, printed materials, picture/s including but not limited to material purchased from
the Website.
Moody Photos Photography licenses to you the use of Images only as provided below on a nonexclusive and nontransferable
basis upon payment of the required fees. All other rights to the Images and any accompanying materials such as copyright
are retained by Moody Photos Photography and its owner. The license is limited to one usage per Image purchased by you.
For example, if an Image is used in a website design and in a business card design, this is considered two usages for
which the Image license should be purchased two times. Using an Image in multiple products without purchasing the licenses
for each usage violates this Agreement.
2. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of Moody Photos Photography or its content
providers or other third parties and is protected by copyright and possibly other intellectual property laws. Furthermore,
you acknowledge that trademarks and copyrights of the subject matter depicted in the Images are subject to protection by
intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever
necessary to comply with intellectual property laws. Absent an explicit written statement from Moody Photos Photography
stating otherwise, you should assume that no consent from persons or owners of property depicted in an Images has been
given regarding the publication of the Images and that model and property releases are not available from Moody Photos
Photography or its content providers. Further, Moody Photos Photography makes no claims or warranties as to the validity
of the model or property releases associated with any Image and the existence of such releases should be independently
verified by you with sources other than Moody Photos Photography and that you agree that such usage shall be at your risk.
In other words, you assume sole responsibility to ensure that your usage of an Image complies with the laws concerning
intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree
when feasible to include the copyright information from the Image file in the form of a legally effective copyright notice
if at all possible in this form: "[Year] © MoodyPhotos Photography. Image from MoodyPhotos.net"
3. Prohibited Uses.
Generally, (without a Moody Photos Photography Special License*) you agree not to access, download, acquire, or use our
content obtained from our Website in any of the following manners:
a. Use an Image in products in which the Image is a dominant feature if the product is to be subsequently sold or
distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints,
paintings, magazine usage, advertisements, any books and/or book covers, album and/or CD covers, album and/or CD inserts,
and within films, videos movies, documentaries, newspapers, free press, newsletters, mailers, print ads, packaging,
fliers, marketing material, calendars, school assignments, presentations, or for general use in conjunction with any other
product.
b. Use the Image in screensavers, software, web page builders, gallery, Image libraries or any system where the Image can
be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of
users.
c. Display or post Images in a gallery or library format or size large enough that makes it easy for people to copy, save,
or otherwise infringe the copyright to an Image.
d. Use Images in any way that violates the rights of individuals such as defamation, intrusion on privacy,
misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not
being model-released may not be used for advertising or promotional purposes.
e. Use Images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent
schemes, counterfeiting, espionage, and aid to illicit activities.
f. Use Images in a manner which the depicted person or a person owning the depicted property would find objectively
offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating,
addictive, or pharmacological products.
g. Print, copy, resell, or distribute any Image/s to other persons, companies, business/s, and/or organizations.
h. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
i. Use any part of an Image in a trademark, service mark, logo, or part thereof.
j. Remove any copyright or trademark information from any Image, print, file, or accompanying materials.
*A Moody Photos Photography Special License* can be provided for users who wish to use the Images beyond what our standard Image Usage Agreement allows. Generally speaking, the standard Image Usage Agreement allows most types of Image uses where the Images are a non-critical, ancillary part of the final creation. However, creating a new business or product line and using Moody Photos Photography Images as a main visual part of your product (t-shirts, painting reproductions, magazine
spreads, posters, advertisements, books, etc.) typically requires a Special License.
A Moody Photos Photography Special License* does not necessarily provide users with any or all of the benefits listed
above, however, Moody Photos Photography may be able to provide you with a Special License for any of the aforementioned
usage applications. Please click here or contact us for more information on Moody Photos Photography Special Licensing.
4. Permitted Uses.
a. Edit, modify or alter purchased Image/s as necessary for your personal use, provided that the subsequent Image
otherwise complies with this Agreement. The copyrights in all photos, art, Images, collectables or other files and/or
products obtained from Moody Photos Photography and integrated into a derivative work will remain with Moody Photos
Photography or the content provider. If requested by Moody Photos Photography, you agree to execute a written assignment
of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable Moody Photos
Photography or a content provider to enforce intellectual property rights.
As per Section 1, this agreement requires that if you are creating several products or projects you must purchase the
Image for each new usage. If your Image usage needs fall outside of the scope of what is permitted herein, you might be
able to purchase and use the Images by obtaining a Special License. Contact us here and learn more about Special Licenses
and their availability.
5. Use of Editorial Images – Limitation of Liability.
Users purchasing Images that are designated as "editorial use" Image assume full responsibility for their use of the
Image/s. Depending on your use, the use of editorial use Images may require additional rights that Moody Photos
Photography may or may not be able to provide. You should consult with your legal counsel to be sure your use is legal.
These editorial use Images are not model released and are intended for Editorial Use only. By purchasing this Image you
indicate that you understand and agree to all of these terms and assume full liability for your use of the Image/s and
agree to hold Moody Photos Photography harmless should any liability arise.
6. Discontinuance.
Moody Photos Photography reserves the right to replace any Image file with an alternative Image file for any reason. Upon
notice of such replacement, the license for such files terminates with respect to any prospective usage and this license
automatically applies to the alternative Image files. You further agree to take all reasonable steps to discontinue use of
files that have been replaced in products that already exist.
7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, Images, accompanying material, or the rights to use the Images to
anyone for any purpose, except as specifically provided for in this agreement or within a Moody Photos Photography Special
License or other Moody Photos Photography agreement.
8. Assumption of risk.
You expressly agree that use of all Images, collectables or any purchased material distributed by Moody Photos Photography
is at your sole risk. Moody Photos Photography does not warrant or guarantee that Images are free from copyright or other
intellectual property concerns. Likewise, you agree that you are responsible to ensure that the publication at your
direction of an Image obtained from Moody Photos Photography does not violate any rights with respect to privacy,
defamation, or publicity. You further agree to indemnify Moody Photos Photography in the event a claim is made with
respect to the rights described in this section.
9. Disclaimers.
All Images, collectables, or any purchased material distributed by Moody Photos Photography are provided on an "as is" and
"as available" basis and without warranties or conditions of any kind either express or implied. Moody Photos Photography
assumes no responsibility for any actions or liabilities arising from their possession or use. Moody Photos Photography
disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Under no circumstances shall Moody Photos Photography or its content providers be liable
to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not
limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from
use of the Images or Website, even if Moody Photos Photography is expressly advised of the possibility of such damages. In
no event shall Moody Photos Photography’s liability exceed the fees paid for the use of the Images. No oral advice or
written information provided by Moody Photos Photography, its content providers or the like, shall create a warranty; nor
shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, Images,
collectables, and services available through Moody Photos Photography. In those states that do not allow the exclusion or
limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by
law.
10. Assignment.
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of Moody
Photos Photography. Moody Photos Photography may assign this agreement.
11. Severability.
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in
full force and effect.
12. Arbitration.
A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in
connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such
disputes shall be submitted to arbitration in Australia pursuant to the laws of the State of Victoria in effect at the
time arbitration is demanded.
13. Legal Fees and Jurisdiction.
You agree that the prevailing party shall be awarded all costs of bringing a claim, including reasonable solicitor fees
and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in
Victoria. This Agreement shall be interpreted under the laws of the State of Victoria.
14. Entire Agreement.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement between you and Moody Photos Photography,
which, excepting Moody Photos Photography Special Licensing agreement(s) you may have also signed, supersedes any proposal
or prior agreement, oral or written, and any other communication between you and Moody Photos Photography relating to the
subject of this agreement.
15. Revision of Agreement.
Moody Photos Photography may revise this Agreement at any time and such revision shall be effective immediately upon the
posting of the revised Agreement on the Website. You agree to review the Agreement prior to the licensing of an Image to
make yourself aware of such revisions.
Terms and Conditions - Image Usage Agreement
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE
CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.
Welcome to the MoodyPhotos.net website ("Website"). You are required to follow the terms and conditions if you use the
Website located at MoodyPhotos.net. Your use of the services provided by Moody Photos Photography indicates your acceptance of these terms and conditions.
1. Use of Image/s.
"Image/s" shall mean photographs, photo, printed materials, picture/s including but not limited to material purchased from
the Website.
Moody Photos Photography licenses to you the use of Images only as provided below on a nonexclusive and nontransferable
basis upon payment of the required fees. All other rights to the Images and any accompanying materials such as copyright
are retained by Moody Photos Photography and its owner. The license is limited to one usage per Image purchased by you.
For example, if an Image is used in a website design and in a business card design, this is considered two usages for
which the Image license should be purchased two times. Using an Image in multiple products without purchasing the licenses
for each usage violates this Agreement.
2. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of Moody Photos Photography or its content
providers or other third parties and is protected by copyright and possibly other intellectual property laws. Furthermore,
you acknowledge that trademarks and copyrights of the subject matter depicted in the Images are subject to protection by
intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever
necessary to comply with intellectual property laws. Absent an explicit written statement from Moody Photos Photography
stating otherwise, you should assume that no consent from persons or owners of property depicted in an Images has been
given regarding the publication of the Images and that model and property releases are not available from Moody Photos
Photography or its content providers. Further, Moody Photos Photography makes no claims or warranties as to the validity
of the model or property releases associated with any Image and the existence of such releases should be independently
verified by you with sources other than Moody Photos Photography and that you agree that such usage shall be at your risk.
In other words, you assume sole responsibility to ensure that your usage of an Image complies with the laws concerning
intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree
when feasible to include the copyright information from the Image file in the form of a legally effective copyright notice
if at all possible in this form: "[Year] © MoodyPhotos Photography. Image from MoodyPhotos.net"
3. Prohibited Uses.
Generally, (without a Moody Photos Photography Special License*) you agree not to access, download, acquire, or use our
content obtained from our Website in any of the following manners:
a. Use an Image in products in which the Image is a dominant feature if the product is to be subsequently sold or
distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints,
paintings, magazine usage, advertisements, any books and/or book covers, album and/or CD covers, album and/or CD inserts,
and within films, videos movies, documentaries, newspapers, free press, newsletters, mailers, print ads, packaging,
fliers, marketing material, calendars, school assignments, presentations, or for general use in conjunction with any other
product.
b. Use the Image in screensavers, software, web page builders, gallery, Image libraries or any system where the Image can
be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of
users.
c. Display or post Images in a gallery or library format or size large enough that makes it easy for people to copy, save,
or otherwise infringe the copyright to an Image.
d. Use Images in any way that violates the rights of individuals such as defamation, intrusion on privacy,
misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not
being model-released may not be used for advertising or promotional purposes.
e. Use Images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent
schemes, counterfeiting, espionage, and aid to illicit activities.
f. Use Images in a manner which the depicted person or a person owning the depicted property would find objectively
offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating,
addictive, or pharmacological products.
g. Print, copy, resell, or distribute any Image/s to other persons, companies, business/s, and/or organizations.
h. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
i. Use any part of an Image in a trademark, service mark, logo, or part thereof.
j. Remove any copyright or trademark information from any Image, print, file, or accompanying materials.
*A Moody Photos Photography Special License* can be provided for users who wish to use the Images beyond what our standard Image Usage Agreement allows. Generally speaking, the standard Image Usage Agreement allows most types of Image uses where the Images are a non-critical, ancillary part of the final creation. However, creating a new business or product line and using Moody Photos Photography Images as a main visual part of your product (t-shirts, painting reproductions, magazine
spreads, posters, advertisements, books, etc.) typically requires a Special License.
A Moody Photos Photography Special License* does not necessarily provide users with any or all of the benefits listed
above, however, Moody Photos Photography may be able to provide you with a Special License for any of the aforementioned
usage applications. Please click here or contact us for more information on Moody Photos Photography Special Licensing.
4. Permitted Uses.
a. Edit, modify or alter purchased Image/s as necessary for your personal use, provided that the subsequent Image
otherwise complies with this Agreement. The copyrights in all photos, art, Images, collectables or other files and/or
products obtained from Moody Photos Photography and integrated into a derivative work will remain with Moody Photos
Photography or the content provider. If requested by Moody Photos Photography, you agree to execute a written assignment
of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable Moody Photos
Photography or a content provider to enforce intellectual property rights.
As per Section 1, this agreement requires that if you are creating several products or projects you must purchase the
Image for each new usage. If your Image usage needs fall outside of the scope of what is permitted herein, you might be
able to purchase and use the Images by obtaining a Special License. Contact us here and learn more about Special Licenses
and their availability.
5. Use of Editorial Images – Limitation of Liability.
Users purchasing Images that are designated as "editorial use" Image assume full responsibility for their use of the
Image/s. Depending on your use, the use of editorial use Images may require additional rights that Moody Photos
Photography may or may not be able to provide. You should consult with your legal counsel to be sure your use is legal.
These editorial use Images are not model released and are intended for Editorial Use only. By purchasing this Image you
indicate that you understand and agree to all of these terms and assume full liability for your use of the Image/s and
agree to hold Moody Photos Photography harmless should any liability arise.
6. Discontinuance.
Moody Photos Photography reserves the right to replace any Image file with an alternative Image file for any reason. Upon
notice of such replacement, the license for such files terminates with respect to any prospective usage and this license
automatically applies to the alternative Image files. You further agree to take all reasonable steps to discontinue use of
files that have been replaced in products that already exist.
7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, Images, accompanying material, or the rights to use the Images to
anyone for any purpose, except as specifically provided for in this agreement or within a Moody Photos Photography Special
License or other Moody Photos Photography agreement.
8. Assumption of risk.
You expressly agree that use of all Images, collectables or any purchased material distributed by Moody Photos Photography
is at your sole risk. Moody Photos Photography does not warrant or guarantee that Images are free from copyright or other
intellectual property concerns. Likewise, you agree that you are responsible to ensure that the publication at your
direction of an Image obtained from Moody Photos Photography does not violate any rights with respect to privacy,
defamation, or publicity. You further agree to indemnify Moody Photos Photography in the event a claim is made with
respect to the rights described in this section.
9. Disclaimers.
All Images, collectables, or any purchased material distributed by Moody Photos Photography are provided on an "as is" and
"as available" basis and without warranties or conditions of any kind either express or implied. Moody Photos Photography
assumes no responsibility for any actions or liabilities arising from their possession or use. Moody Photos Photography
disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Under no circumstances shall Moody Photos Photography or its content providers be liable
to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not
limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from
use of the Images or Website, even if Moody Photos Photography is expressly advised of the possibility of such damages. In
no event shall Moody Photos Photography’s liability exceed the fees paid for the use of the Images. No oral advice or
written information provided by Moody Photos Photography, its content providers or the like, shall create a warranty; nor
shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, Images,
collectables, and services available through Moody Photos Photography. In those states that do not allow the exclusion or
limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by
law.
10. Assignment.
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of Moody
Photos Photography. Moody Photos Photography may assign this agreement.
11. Severability.
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in
full force and effect.
12. Arbitration.
A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in
connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such
disputes shall be submitted to arbitration in Australia pursuant to the laws of the State of Victoria in effect at the
time arbitration is demanded.
13. Legal Fees and Jurisdiction.
You agree that the prevailing party shall be awarded all costs of bringing a claim, including reasonable solicitor fees
and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in
Victoria. This Agreement shall be interpreted under the laws of the State of Victoria.
14. Entire Agreement.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement between you and Moody Photos Photography,
which, excepting Moody Photos Photography Special Licensing agreement(s) you may have also signed, supersedes any proposal
or prior agreement, oral or written, and any other communication between you and Moody Photos Photography relating to the
subject of this agreement.
15. Revision of Agreement.
Moody Photos Photography may revise this Agreement at any time and such revision shall be effective immediately upon the
posting of the revised Agreement on the Website. You agree to review the Agreement prior to the licensing of an Image to
make yourself aware of such revisions.
