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Tricolby
Photography Royalty Free End User License Agreement
General
Terms and Conditions
For the purpose of these terms
and conditions "The Product" shall mean any photographic image delivered in
any format.
The use of the Product in any format whatsoever indicates your acceptance of
this License Agreement.
If you wish to use the Product in a manner not authorised by this agreement,
please contact Tricolby Photography.
You may use the Product in your personal, professional, editorial and client
projects including printed materials, advertisements, packaging,
presentations, film, video, commercials for television broadcast, on-line or
multimedia projects, computer games and web designs.
The Product may not be used for an item that has the sale of that Product as
its sole or primary object (for example a picture postcard, a poster, or a
photographic collection) without prior resale approval. Please contact us
for details.
The Product may not be placed on any on-line service offering images or
video for viewing or downloading as an image or video library, re-sold,
loaned, hired or 'given-away' through any method that would give the
recipient the Product for commercial use.
The Product may not be used in an obscene, offensive, or litigious manner.
Specific Terms and Conditions
Images used in accordance with this agreement are free of all royalties, or
any other supplementary charges.
Images must be obtained from an original CD-ROM/DVD-ROM of which the
licensee is the legal owner, or from an image sent to the licensee via email
from Tricolby Photography.
Art Credits
Art credits are not obligatory, but if desired, images may be
credited as: Tricolby Photography and/or the
Web address: www.tricolby.com
Images used on websites may carry an on-screen credit of
www.tricolby.com.
Copyright
Tricolby Photography retains the copyright in the image data and
grants the user license to use the image data subject to this agreement.
Warranty
Tricolby Photography warrants the Images to be free from defects in material
and workmanship for 30 days from delivery. The sole and exclusive remedy for
a breach of the foregoing warranty is the replacement of the Image(s).
Tricolby Photography makes no other warranties, express or implied,
regarding, including, without limitation, any implied warranties of
merchantability or fitness for a particular purpose. Tricolby Photography
shall not be liable to buyer 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 buyer’s
use of the images, or otherwise, even if Tricolby Photography has been
advised of the possibility of such damages, costs or losses. The buyer may
have additional rights under state law.
Breach of this agreement will result in its termination.
Releases
Tricolby Photography grants no rights and makes no warranties with
regard to the use of models, names, trademarks, trade dress, registered,
unregistered or copyrighted designs or works of art or architecture depicted
in any Image, and Buyer must satisfy itself that all the necessary rights or
consents regarding any of the above, as may be required for reproduction,
have been obtained.
You are responsible for respecting the rights of those in the photographs.
The contract/license does not protect you if you use the image in a manner
that damages the reputation of the subject. You are responsible for the
end-use and any legal and/or any financial liability that may arise from
such use.
Indemnity
The buyer agrees to indemnify and hold Tricolby Photography harmless
against all claims arising out of or in connection with any breach of this
Agreement. The buyer is
responsible for all liabilities regarding model and property releases,
privacy issues, trademarks, slander, libel, etc, that may arise from the use
of my image(s).
Payment Terms
No rights to use the Image(s) are granted until the invoice relating
to the Image(s) is paid in full.
Legal
The images are made available solely for use according to the
agreement. Use of images implies acceptance of the agreement. Any
reproduction or redistribution of the images not in accordance with the
agreement is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
The images are warranted, if at all, only according to the terms of the
license agreement. Except as warranted in the license agreement, Tricolby
Photography hereby disclaims all warranties and conditions with regard to
the images, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement.
All images are provided as is, without warranty of any kind. Tricolby
Photography disclaim all warranties and conditions with regard to this
information, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement. You may not use any image found on or purchased though this site for any
illegal or fraudulent purpose or to promote pornographic and/or obscene
material.
If you use or distribute the image(s) in a manner not spelled out in the
contract you agree to pay additional fees, which will be determined by
Tricolby Photography.
Image use is non-exclusive. If you wish to purchase exclusive use of the
image(s) please contact Tricolby Photography.
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