|
|
Image File Usage Agreement
Customers are required to follow these terms and conditions when using the
website located at
www.digital-photographic-images.co.uk and use of the website indicates your
acceptance of these terms and conditions which applies to all material on the
website and downloaded via e-mail.
Section 1
Use of Image Files
Digital Photographic Images [www.digital-photographic-images.co.uk] licenses to
customers the use of image files only as provided below on a non-exclusive and
non-transferable basis upon payment of the required fees. All other rights to
the image files and any accompanying material such as copyright are retained by
Digital Photographic Images [www.digital-photographic-images.co.uk].
Section 2
Consent
You must be at least 18 years of age to use the website and accept this
Agreement. Digital Photographic Images [www.digital-photographic-images.co.uk]
may require any customer to provide sufficient proof that they are at least 18
years of age. Minors can access Digital Photographic Images
[www.digital-photographic-images.co.uk] only by having their parent or legal
guardian purchase images on their behalf. When buying digital images, the parent or legal guardian authorises the minor to use and agrees
to be bound personally by the terms and conditions of this agreement.
Section 3
Intellectual Property and Privacy
Laws
You acknowledge that the content available through the website is the property
of Digital Photographic Images [www.digital-photographic-images.co.uk] 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 when necessary to comply with intellectual property laws. In the
absence of an explicit written statement issued by Digital Photographic Images
[www.digital-photographic-images.co.uk], you should assume that no consent from
persons or owners of property depicted in an image has been given regarding
publication and that model and property releases are not available from Digital
Photographic Images [www.digital-photographic-images.co.uk]. In addition,
Digital Photographic Images [www.digital-photographic-images.co.uk] makes no
claims or warranties as to the validity of the model or property releases
associated with any image and such releases should be verified by you and that
such usage shall be at your risk.
Section 4
Prohibited Uses of Image Files
Without a
Special
Licence, you may not:
1. Print the photo or image as a poster, postcard, greeting
card, on a mug, shirt, hat, mouse pad, art print, painting, calendar. You should
not use the image on computers where the image is shared or distributed to a
number of users.
2. Display or post images obtained from Digital Photographic
Images [www.digital-photographic-images.co.uk] in a public arena such as a
gallery or library in a file size larger than 600 pixels. However, if your image
is larger than 600 pixels and is an integrated part of a product, design,
template or website, this is acceptable.
3. Use images in any way that constitutes a violation of the
rights of individuals such as defamation or intrusion on privacy.
4. Use images in any way that violates civil and criminal laws
such as those regulating obscenity, fraudulent schemes, counterfeiting etc.
5. Post any file obtained from the website in a gallery format
designed or intended to facilitate transfers of files via the Internet by
individual users.
6. Resell or distribute any file obtained from the website
unless the image is an integrated part of the product being resold, and
comprises less than 50% of the overall product, page layout or design [please
see permitted uses below].
7. Reverse engineer, decompile, or disassemble any part of a
file or accompanying materials except as permitted by law. However, as outlined
in permitted uses [below] you may alter the image file to suit your visual
needs.
8. Use any part of an image as a trademark, service mark, logo,
or part thereof.
9. Remove any copyright or trademark information from any place
in the files or accompanying materials.
Section 5
Permitted Uses of Image Files
You may:
1. Display image files in any manner not prohibited by the
agreement [see above section] provided that you include the copyright
information from the image file in the form of a legally effective copyright
notice. This should be in the following form:
" © Image from
www.digital-photographic-images.co.uk".
2. Modify or alter images as necessary for your use, as allowed
for elsewhere in these terms and conditions. All photos, art, images or files
taken from Digital
Photographic Images [www.digital-photographic-images.co.uk] and integrated into
any derivative work are still copyrighted by Digital Photographic Images
[www.digital-photographic-images.co.uk]. By purchasing a standard download file
from Digital Photographic
Images [www.digital-photographic-images.co.uk] you are not purchasing the
copyright to the image files. If requested by Digital Photographic Images
[www.digital-photographic-images.co.uk], you agree to execute a written
assignment of any such copyrights with respect to such derivative work.
3. In the normal course of workflow, convey to third parties
such as printers a temporary copy of a file that is integral to your work
product and without which the product could not be completed.
4. Print a copy of the photo for your own use in any size, but
you may not resell it, or redistribute it to others in any way.
Acceptable uses include but are not
limited to books, website designs,
business cards, website and electronic educational templates [e.g. Microsoft
Powerpoint], advertisements, newsletters, flyers, brochures, promotional
materials, demonstrations, presentations, trade show signage and other uses
where the image is not a definitive main part of your product.
If the usage of any image is not
outlined here, you may be able to purchase and use the image with a
Special
Licence.
Section 6
Copyright of Text
Text detail is included with most images to help browsers select
appropriate material for download. It is subject to copyright and may not be
copied. In accessing these webpages, you undertake not to copy, store in any
medium [including in any other website], distribute, transmit, re-transmit,
broadcast, modify, or show in public any text included on the Digital
Photographic Images website without the prior written permission of the site's
owners or in accordance with the Copyright, Designs and Patents Act 1988.
However, customers can
contact the
website
to seek permission to use text within their projects.
Section 7
Assumption of Risk
You expressly agree that use of all images, files, or software
distributed by Digital
Photographic Images [www.digital-photographic-images.co.uk]
is at your sole risk. Digital
Photographic Images [www.digital-photographic-images.co.uk]
does not warrant or guarantee that files or images on the website are free from
copyright or other intellectual property concerns.
Section 8
Disclaimers
All image files distributed by
Digital Photographic Images
[www.digital-photographic-images.co.uk] are
provided on an "as is" and "as available" basis and without warranties or
conditions of any kind either express or implied. Furthermore,
Digital Photographic Images
[www.digital-photographic-images.co.uk] assumes no
responsibility for any actions or liabilities arising from their possession or
use. Digital Photographic
Images [www.digital-photographic-images.co.uk]
disclaims all warranties, expressed or implied, including but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
Under no circumstances shall
Digital Photographic Images [www.digital-photographic-images.co.uk]
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 website, even if
Digital Photographic Images
[www.digital-photographic-images.co.uk] is
expressly advised of the possibility of such damages. In no event shall
Digital Photographic Images'
[www.digital-photographic-images.co.uk] liability
exceed the fees paid for the use of the files. No written information provided
by Digital Photographic
Images [www.digital-photographic-images.co.uk],
shall create a warranty; nor shall the customer rely on any such information or
advice. You acknowledge that this paragraph shall apply to all content, images,
and services available through this website
[www.digital-photographic-images.co.uk].
Section 9
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.
Section
10
Entire Agreement
You acknowledge that you have read this agreement 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
Digital Photographic Images'
[www.digital-photographic-images.co.uk]. Digital Photographic Images
[www.digital-photographic-images.co.uk] reserves the right, at its discretion,
to 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 periodically to become aware of such revisions. Your
continued use of Digital Photographic Images
[www.digital-photographic-images.co.uk] following posting of the revised
agreement on the website shall be deemed to be acceptance of all such revisions.
You agree that by using this site or image files from this site, that you are
bound by this agreement. This agreement evidences the complete understanding of
the parties with respect to the subject matter hereof and may not be amended,
modified or waived in whole or in part except in a writing signed by the
parties. |
Quick-View Menu of Image
Uses
Green is OK
Red is Not OK
● Personal Use
● Family Use
● Educational Resource
● Book Illustration
● Website Image
● Presentation
● Powerpoint Image
● Newsletter
● Brochure
● School Project
● Film or Video
● Poster
● Postcard
Print
● Art Print
● E-Cards
● Greeting Cards
● Online Galleries
● Calendars
● T-Shirts
● Hats
● Clothing
● Mugs
● Paintings
● Mouse Mats
You can do the above
with a
Special
Licence
|
|
