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| Image licence agreement |
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PK4 IMAGES.
READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU REQUEST AN IMAGE. BY
REQUESTING AN IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. THE IMAGES ON THIS SITE ARE OWNED BY PK4 IMAGES AND ARE
PROTECTED BY THE INTELLECTUAL PROPERTY LAWS OF ENGLAND AND
INTERNATIONAL COPYRIGHT CONVENTIONS.
Grant of rights for previews and 'thumb nailed' images
PK4 IMAGES grants you a personal, non-assignable, non-transferable,
non-exclusive right to copy thumb nailed and preview images from the
website onto your computer hard drive and to use the image for the
following limited applications: comprehensive layouts, montages
('comps') and non-commercial in-house presentations. You are not
granted any rights to use the images for any advertising, promotional
or editorial use or any other use whatsoever, and you are not granted
any derivative, electronic or digital rights or any other rights
whatsoever. A derivative work is anything sourced from or referenced
from a pre-existing image. All rights not expressly granted above are
reserved by PK4 IMAGES without any limitation. Usage of the image
beyond the rights granted in this Agreement constitutes wilful
copyright infringement and is punishable to the fullest extent of the
law.
Restrictions on use
You agree not to:
1. Use any image in any manner that might be considered defamatory,
libellous, pornographic, fraudulent, infringing or tortuous, whether
directly or in context or juxtaposition with specific subject matter
or by altering it in anyway.
2. Use the image or permit the use of the image in any way that
violates the person's right of privacy or publicity.
3. Infringe on any trade name, trademark or service mark or to
otherwise use an image for any unlawful purpose
4. Place the image online in a downloadable or FTP format.
Releases, permissions and sensitive subjects
Unless an image has a model or property release, no such release
exists. pk4 images gives no representations or warranties with respect
to the use of names, trademarks, logos, uniforms, registered or
copyrighted designs or works of art depicted in any image, and you
must satisfy yourself that all necessary rights, consents or
permissions as may be required for reproduction are secured. |
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Some of the images included in the 'Sports Photography' section
may include visible logos, or identifiable persons who didn't sign a
model release document. You are solely responsible for the usage given
to such images. Please consider that editorial images are not meant
for commercial usage and using them in a commercial context is against
editorial terms.
Advance written permission is required for use of images for sensitive
subjects, including, but not limited to, contraception, matters of a
sexual nature, substance abuse, physical or mental abuse, alcohol,
tobacco, AIDS, cancer, other serious physical or mental ailments or
the disparagement of a person or product. PK4 IMAGES reserves the
right not to permit use of an image for any reason whatsoever.
Termination
The rights contained in this Agreement will terminate automatically
without notice if you fail to comply with any provision of this
Agreement. Upon termination, you must immediately:
1. Stop using the image
2. Delete the image and all copies from all electronic and/or magnetic
media
Indemnity
You agree to indemnify and hold PK4 IMAGES, harmless from any and all
claims, liabilities, damages, costs and expenses, including reasonable
legal fees, arising from the use of an image or any breach of this
Agreement. If you utilise an image prior to paying our Invoice, we are
relieved of any liability for any claim concerning such image's use or
publication since it was published without permission.
No warranty
Digital files are provided 'as is'. PK4 IMAGES makes no representation
or warranty, either expressed or implied, included but not limited to,
any implied warranties of merchantability, fitness for any particular
use, quality of image, or compatibility with any computer hardware or
other equipment, operating system or software program. pk4 images nor
any of its directors, officers, employees or agents shall be liable
for any damages, whether direct, indirect, consequential or
incidental, or other damages arising out of the use of, or the
inability to use, the digital images.
Exclusive remedy for digital files
PK4 IMAGES limitation of liability and your exclusive remedy will be a
replacement of the digital image.
Refund policy
You may ask for a refund of your purchase within 30 days from the
purchase date. Note that this is possible only if you are able to
immediately remove all images supplied and that you can provide a well
founded reason for your request.
Limitation of liability
Under no circumstances will pk4 images be liable for any damages
whatsoever (including without limitation, damages for loss of business
profits, business interruption, loss of business information, or other
pecuniary loss arising out of:
1. The use of or inability to use the images
2. The inability to obtain additional rights to the images (including
making additional copies) even if pk4 images has been advised of the
possibility of such damages. In any event, the limit of liability of
the copyright owner of the image, their representative, and PK4 IMAGES
shall be the fee paid for the image to PK4 IMAGES.
Copyright protection
You agree to provide copyright protection of the image. PK4 IMAGES
shall have the exclusive right to pursue any copyright infringement
without regard to the rights granted.
Legal costs and jurisdiction
In the event that either a court of competent jurisdiction directs us
to go to court, or the matter involves copyright, you agree to fully
reimburse PK4 IMAGES for its reasonable legal fees, costs and
disbursements if PK4 IMAGES is successful in the suit. We designate
the Courts Of England as the jurisdiction for any suits.
No waiver, complete agreement
The terms set forth in this Agreement represent our entire agreement
concerning your review and 'comping' of images. All prior
understandings or representations, whether oral, written, based on
'industry custom' or past dealings, are hereby merged in this
Agreement. No terms or conditions may be added unless made in writing
and signed by both of us. No action of ours, other than an express
written waiver, may be construed as a waiver of any part of this
Agreement, and no employee is authorised to waive it orally. In the
event we waive any specific part of this Agreement, it does not mean
we waive any other part.
Agreement binding on principle
If you are acting as an agent or representative of another, you must
disclose the name of the principal to PK4 IMAGES upon request. You
agree to insure that the principal agrees to be bound by all of PK4
IMAGES' terms and conditions contained in this Agreement and shall
furnish written confirmation to PK4 IMAGES upon request. This term is
a material part of the Agreement and a condition upon which the
digital images are made available to you. PK4 IMAGES reserves the
right to change the terms of this Agreement without notice. PK4 IMAGES
further reserves the right to withdraw an image from use for any
reason and you agree to destroy any file and discontinue the uses of
any image that has been listed as withdrawn.
If you are unsure about your rights or obligations under this
Agreement, or it you wish to use images in a manner not permitted
under this Agreement, use the Comments Form on the Contact page or
email: info@pk4images.com. |
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