1. You accept that all copyrights and all rights of a proprietary nature and title to and in the photographic images and data are the property of Canaryphotostock. Use of this Image is strictly limited by the terms of this Agreement, and does not in any way transfer any property copyright or proprietary rights on you the user.
For greater clarity, the following are "Prohibited Uses":
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you can not use the Content in design templates intended for resale, whether on-line or not, including, without limitation, templates for websites, Flash, business cards, electronic greeting cards and brochure design.
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you can not use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of "on demand" products, including postcards, mugs, t-shirts, posters and other items.
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you can not use the Content in any posters, whatever the media, or other items for resale, license or other distribution for profit.
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you can not use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
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you can not incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates etc) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file.
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It is STRICTLY PROHIBITED to use the photographic images in any way that could be regarded as obscene, derogatory, defamatory, blasphemous or pornographic.
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The user agrees that the limited license to use the photographic images governed by this Agreement is non transferable to other parties.
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The user shall indemnify and keep indemnified Canaryphotostock; from all and any actions, proceedings, claims, demands, costs, legal costs, awards or damages arising either directly or indirectly as a result of the use or misuse of the photographic images and data on this Image, and or arising as a result of the breach of any terms of this Agreement by this user, no matter where such claims, demands or proceedings arise.
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Canaryphotostock supplies the Image and does not accept any responsibility or liability for any loss or damage, direct or indirect, consequential or incidental arising from ignorance to use the photographic images or data.
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The provisions of this Agreement shall be governed by and construed in accordance with the laws of the Courts of the United Kingdom and European Union will be the Courts of sole jurisdiction in relation to this Agreement.
2. Warranties of the Licensee
The Licensee accepts and warrants that use of the photograph images and data shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee.
If you have any queries or problems with the terms of this agreement, contact Canaryphotostock before using any images.
Please carefully read the full text of your license Agreement. By using the images you are consenting to the full terms of the license.
High Resolution License Agreement
Applies to Images Purchased online.
THIS AGREEMENT is made on the day of purchase between Canaryphotostock (hereinafter called "the Company") of the and you the user (herein after referred to as "the Licensee"). In consideration of you paying the agreed license fee and to be bound by the terms and conditions contained in this legal agreement, the Company agrees to allow you to use the photographic images (the "Images") in the manner permitted by this Agreement on the terms and conditions as follows :
1 Grant of Rights
1.a) In consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance, the Company grants to the Licensee a non-transferable non-exclusive license to use the Images.
1.b) The Images may be accessed and used by up to 10 employees of the Licensee, on a computer network. For the avoidance of doubt, Licensee may not sub-licence the Images to any party.
1.c) The Company reserves the right to revoke the license to use the Images for good cause and elect to replace such Images with alternative photographic images. Upon notice of any revocation of a license for any Images, Licensee shall immediately cease using such Images and shall ensure that its clients and customers do likewise.
2. Warranties of the Company
The Company warrants, agrees and undertakes with the Licensee that every effort is made to free images from defects in material and workmanship for seven days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Images. The company makes no other warranties, express or implied, regarding the images, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The company shall not be liable to licensee or any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of licensee’s use of the images, this agreement, any invoice regarding the images or otherwise, even if the company has been advised of the possibility of such damages, costs or losses.
3. Remuneration
3.a) The Licensee agrees to pay in advance for the licensed use of the Images as agreed under the terms of this Agreement in advance of any use of the Images.
3.b) The Licensee agrees that permission to use the Images will only be deemed to have been given after receipt by the Company of the agreed remuneration, and the Licensee fully accepts that the Licensee has no right to use the Images in any manner until the said remuneration has been paid.
4. Warranties of the Licensee
The Licensee warrants and undertakes, confirms and agrees with the Company :
4.a) All rights of a proprietary and copyright nature and title in and to the Images are expressly acknowledged as the property of the Company and subject only to the non exclusive , non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the Licensee aside from the uses specified in this Agreement.
4.b) The Licensee shall use the Images in accordance with all applicable laws and in the manner and context agreed by the Company and as outlined in this Agreement and shall not by any act or omission impair or prejudice the copyright in the Images, violate any moral right or deal with the Images so that any third party might obtain any licence or other right of whatever nature incompatible with the rights of the Company, and nothing may be superimposed, inserted, transposed, merged, added, distorted in any way or used in any fashion which could be regarded as derogatory, offensive, blasphemous, defamatory, libellous, obscene or pornographic. Furthermore, no part, segment or piece of the Images, no matter how small, may be used or merged in connection with other images or artwork so as to create a new image, which could be regarded as derogatory, offensive, blasphemous, defamatory, obscene, pornographic or libellous.
4.c) The Licensee shall ensure that all copies of the Images published and distributed by the Licensee shall contain full and accurate copyright notices, credit attributions and acknowledgments that the copyright is retained in the Images by the Company, and that reproduction is permitted under limited license from the Company.
4.d) The Licensee shall give all information to the Company as soon as the Licensee becomes aware of any actual or threatened claim by any third party in connection with the Images.
4.e) The Licensee shall retain total control and possession at all times of the Images and ensure that these are kept in safe and secure storage facilities and shall not allow the Images to fall into the hands of third parties who are not licensed by this Agreement. The Licensee may not sell, license or distribute its work in such a way that Licensee’s customer can extract or access the Images as a stand-alone file.
4.f) The Licensee shall ensure that the Images are not incorporated into a logo, trademark or service mark.
4.g) The Licensee shall indemnify and keep fully indemnified the Company from and against all actions, proceedings, claims, demands, costs (including any legal costs compensation costs and disbursements paid by the Licensee on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non-performance by the Licensee of any of the Licensee’s undertakings, warranties or obligations under this Agreement.
4.h) The Licensee warrants and undertakes not to assign or license the use of the Images or any portion thereof for any purpose other than those purposes specifically agreed between the Company and the Licensee under this Agreement. In particular, the Licensee may not loan, rent, hire, transfer or purport to transfer the right to use the Images in any way to any other person or entity.
4.i) The Licensee accepts and warrants that its use of the Images shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee. The Company grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in the Images, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
4.j) If any of the Images featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service (for example, any of the Images is used in a testimonial advertisement), or if the depiction of the model in the Images is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Images are being used for illustrative purposes only. The requirements of this Section 4.j) are without prejudice to the obligations of the Licensor regarding use of the Images contained elsewhere throughout this agreement.
4.k) Use of any Image/s in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, included but not limited to, web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining such a license for such purpose is prohibited.
5. Determination
It shall constitute repudiation by the Licensee of its obligations under this Agreement if :
5.a) The Licensee is in breach of any other term of this Agreement.
5.b) Any of the Licensee’s representations shall prove to have been incorrect.
5.c) The Licensee is declared or becomes insolvent, bankrupt, or the Licensee is put into examinership, receivership, administration or liquidation. The Company reserves the right to accept such repudiation on the part of the Licensee and to determine the license Agreement forthwith and to demand the immediate return of all Images in whatever form supplied or held created or produced by the Licensee.
6. Miscellaneous
6.a) The provisions of this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom and European Union, whose courts shall be the courts of sole jurisdiction in relation to this Agreement. Notwithstanding the foregoing, the Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee.
6.b) This Agreement contains the full and complete understanding between the parties, and supersedes all prior arrangements and understandings whether written or oral relating to the subject matter of this Agreement, and may not be varied except by an instrument in writing signed by all the parties to this Agreement. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be amended only to the extent necessary to make the Agreement enforceable.
6.c) The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement
Exclusion of Liability
Canaryphotostock accepts no legal or substantive warranty in respect of the moral and personal rights of persons who are illustrated or intellectual property rights in the identifying marks, transferable assets or real estate illustrated.
Download delivery conditions:
Upon receipt of payment, the Content will be available for immediate download via a link provided by Canaryphotostock. This link will be available for a period of five calendar days after which the link will automatically close. Canaryphotostock cannot accept any liability for technical problems occuring on the purchaser’s side. Delivery is made at the risk of the purchaser. Complaints will only be entertained within seven days of the transaction date, failing which, delivery shall be deemed to have been approved.
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