Terms and Conditions of Licence
On purchasing an image from Photos in Focus, our license provides the non-exclusive use of an image for a single payment, set according to image size. This may then be used in accordance with this agreement in several uses and more than once, but not sold, lent or rented to a third party.
These Terms and Conditions may be revised at any time. You may need to check our website for updates to these terms.
This agreement is a legal agreement between you and Photos in Focus pertaining to the licensing of reproduction rights to the image(s) you have purchased.
Photos in Focus makes every effort to ensure that all images have the appropriate releases before admission into the image library, however, no model or property releases or other authorisations is given with respect to any of the images. Photos in Focus makes no representations or warranties in relation to the subject matter of any image, underlying rights to proprietary material depicted in any image, your use of names, trademarks or service marks which may be depicted in as image and the accuracy of captions and other information about the images.
You must determine whether and what type of model, property, trademark or other releases are necessary for your intended use. You are solely responsible for obtaining all necessary releases and you agree to do so prior to your use of the images. As part of your agreement with Photos in Focus, your right to reproduce or use an image is conditioned upon your independent verification that all releases necessary for your intended uses have been obtained by you prior to your use. You agree to indemnify Photos in Focus against any and all claims, liabilities and expenses, including reasonable attorneys' fees and expenses, arising from your failure to obtain necessary releases or other permissions.
You agree that you will not use or reproduce the content to libel or defame any person; infringe any trademark, service mark, or trade name of any entity; to violate any person's rights of privacy, publicity or intellectual property rights or for any other unlawful purpose.
Accordingly, you agree not to reproduce or otherwise use any image in connection with potentially sensitive issues including, without limitation, possible disparagement or defamation of character or products. You also agree to indemnify Photos in Focus against any and all claims, liabilities and expenses, including reasonable attorneys' fees and expenses, arising from your use of any image in any such manner.
The rights contained in this agreement will terminate automatically without notice from Photos in Focus in the event that you fail to comply with any provision of this agreement. Upon such termination, you must immediately stop using the image in any manner, and completely destroy the image and all electronic and print copies.
You acknowledge that you have read this entire agreement and that you understand and agree to be bound by all the terms and conditions. This agreement may not be modified except in a written document signed by both you and an authorised representative of Photos in Focus.
Subject to the other terms of this agreement, upon Photo in Focus?s receipt of full payment of the licence fee, Photos in Focus grants you a limited, world-wide, non-transferable, non-exclusive, licence for the following uses: Print usage limited to advertising, editorial, catalogues, brochures & reports; packaging, display and products; non-print use images may be used in web-sites, non- broadcast video, CD and other digital storage media. The following uses are expressly prohibited: broadcast usage, resale or sub-licensing of any image; use of the image as a trademark or service mark, or part of a trademark or service mark; sale; loan; rent; sub licence, transfer of rights to any third party, use of the image on-line in a downloadable or ftp format; copying or publishing the image to a network or bulletin board or otherwise distribute the image or allow the image to be distributed or used by anyone other than the ten (10) authorised users; use of the image to promote a business that licences or sells images.
Failure to comply with the terms & conditions above automatically terminates any licence that has been granted.
Photos in Focus is the trading name of Keith Skingle.
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