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Attention
Please read these terms carefully before using this web site. Using this
website indicates that you accept these terms. If you do not accept these
terms and conditions("terms"), do not use this web site. By using this
web site, you agree to be bound by the terms and conditions of this
agreement.
Welcome to the Michael Diggin photography website.
Below are the Terms that govern
the use of this site
These terms constitute a legal agreement between you and
mdigginphotography, please read this agreement(:agreement") in its entirety
before you continue to use this website or download any image. If you do not
agree, discontinue using the site.
Which images does mdigginphotography license apply to?
mdigginphotography images of any size purchased on line or on CD-Rom
Where can I use mdigginphotography's image(s)
When you purchase images from mdigginphotography on -line or on CD-ROM, you
are licensed to use them in any medium, anywhere, any time:
Websites
On line and multimedia designs
Advertising and promotion campaigns
Presentation and brochures
Materials for comping presentation(s) to Clients
Editorial
Book Jackets, covers and internal pages
Packaging for software, Music Albums, CD's, Cassettes and Video tapes
Calenders, Greeting Cards & Posters
Trade show displays, display boards, posters, bill board, exhibits &
backdrops
With whom can I share mdigginphotography's images?
Images may be shared with 10 nominated people in your organisation. If you
wish to share images with more than 10 people contact us.
Must I credit mdigginphotography?
mdigginphotography requests a credit beside the image(s) used on page or
screen reading (c) mdigginphotography
Where can I not use mdiggin photography image(s)?
Defamatory, libellous, pornographic or otherwise unlawful use of mdigginphotography images is prohibited.
Can I make mdigginphotography images available for download?
Your license does not permit placing images in a downloadable or FTP
format or making images available for use by others in any other way.
Where can I use the comping image(s)?
You can use free low resolution comping images which you download from
mdigginphotography web site or from my Cd browser for:-
Designing comps and mock-ups of projects
proposals and presentations to Clients
They may not be used for any item which will be printed or published in any
medium
Low Resolution (comping image) License Agreement
This a LEGAL AGREEMENT made between you the user and mdigginphotography and
governs how you can use mdigginphotography comping images.
In consideration of mdigginphotography allowing you to use these images, in
the manner permitted by this AGREEMENT, you agree to become bound by the
following terms and conditions:-
1 You accept all copyrights and all rights of a proprietary nature and title
to and in the photographic images and data are the sole property of mdiggin
photography. Use conferred by this Image and strictly limited by the terms
of this AGREEMENT does not in any way confer any property copyright or
proprietary rights on you the user.
1.1 You may only use the photographic image(s) and data in the following
ways;-
to view the image(s)
to create documents for Clients approval
1.2 You may not use the photographic image(s) or data in the following
ways;-
to produce colour separations
to produce or compile CD Rom material
to produce any multimedia output, materials or documentation
to produce any other electronic or printed output, materials or production
1.3 you may not use the photographic images and data in such a way as to
alter, add to, insert, impose or in any other way, distort, amend or use the
photographic image(s) or data in any form other than in the form originally
contained on this Image
1.4 It is strictly prohibited to use the photographic image(s)in any way
that could be regarded as defamatory, blasphemous, pornographic or
derogatory.
1.5 The user accepts that the limited license to use the photographic
image(s) conferred by this agreement is non-transferable to other parties.
1.6 The user shall indemnify and keep indemnified mdigginphotography for all
and any actions, claims, proceedings, demands, costs (including legal costs)
awards or damages arising either directly or indirectly as a result of the
use or misuse of the photographic image(s) and data on the image(s) 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.
1.7 mdigginphotography supplies the image(s) as is and does not accept any
responsibility or liability for any loss or damage, direct or
indirectly, consequential or incidental arising out of the inability to use
the photographic image(s) or data
1.8 The provision of this AGREEMENT shall be governed by and construed in
accordance with the laws of the Republic of Ireland whose Courts 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 photographic image(s) 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.
Should you have any queries or questions arising from the terms of this
agreement contact mdigginphotography prior to using of the image(s)
Please read carefully the full text of your license AGREEMENT. By using the
image(s) you are agreeing to the full terms of the license.
HIGH RESOLUTION LICENSE AGREEMENT
Applies to image(s) purchased online and on CD-Rom
This AGREEMENT is made on the day of purchase between mdigginphotography of
5 Castle Street, Tralee, Co Kerry, Ireland (herein after called the
("Company") of the one part and you the user (hereinafter referred to as
"The Licensee") of the otherpart. In consideration of you paying the agreed
license fee and in consideration of your agreeing to be bound by the terms
and conditions contained in this legal AGREEMENT the Company agrees to
allow you to use the photographic image(s) (The image(s)) in the manner
permitted by this AGREEMENT on the terms and conditions as set out
hereunder;-
1 Grant of rights
1.1 In consideration of the obligations, warranties and undertakings of the
Licensee of this AGREEMENT and subject to and conditional upon their full
and timely performance and observance the Company grants to the Licensee a
non-transferrable non-exclusive license to use the image(s).
1.2 The image(s) may not be accessed and used by up to 10 employees of the
Licensee, on a computer network. For sharing on larger networks an upgraded
license is required. The Licensee's sub-contractors may reproduce the
image(s) subject always to the provisions (including without prejudice to
the generality of the foregoing, restrictions on use) contained in this
AGREEMENT. For the avoidance of doubt The Licensee may not sub license the
image(s) to any party.
1.3 The Company reserves the right to revoke the license to use the image(s)
for good cause and elect to replace such image(s) with alternative
photographic image(s). Upon notice of any revocation of a license for any
image(s), Licensee shall immediately cease using such image(s) 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 the
image(s) are 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). The Company makes no other
warranties, express or implied, regarding the image(s) including, without
limitation any implied warranties of merchantability or fitness for a
particular purpose. The Company shall not be liable to the 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 image(s). This AGREEMENT, any invoice regarding the
image(s) or otherwise even if the company has been advised of the
possibility of such damages, costs or losses.
3 Warranties of the Licensee
The Licensee warrants and undertakes, confirms and agrees with the Company:-
3.1 That all rights of a proprietary and copyright nature and title in and
to the Images(s) are expressly acknowledged as the property of the
Company
and subject only to the non-exclusive, non-transferable license contained
in the 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
3.2 The Licensee shall use the Images in accordance with all applicable laws
and in the manner and in the context agreed by the Company and as outlined
in the AGREEMENT and shall not by any act or omission impair of prejudice
the copyright in the image(s) or violate any moral right or deal with the
image(s) so that any third party might obtain any lien or other right
whatever nature incompatible with the rights of the Company, and nothing may
be superimposed, inserted,transposed, merged or added to the image(s), which
could be regarded as offensive,
blasphemous, defamatory, libellous, obsene, pornographic derogatory, nor may
they be altered or distorted in any way or used in any fashion, which could
be regarded as
offensive,blasphenous,defamatory,libellous,obsene,pornographic,derogatory.
Furthermore, no part, piece or segment of the image(s), 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
offensive, blasphemous, defamatory, libellous, obscene, pornographic, derogatory
3.3 The licensee shall ensure that all copies of the image(s) published
and distributed by the Licensee shall contain full and accurate copyright
notices, credit attributions and acknowledgements that the copyright is
retained in the image(s) by the Company, and that reproduction is permitted
under limited license from the Company
3.4 The Licensee shall give full particulars to the Company as soon as the
Licensee becomes aware of any actual or threatened claim by any third party
in connection with the image(s)
3.5 The Licensee shall retain total control and possession at all times of
the image(s) and ensure that these are kept in a safe and secure storage
facilities and shall not allow the image(s) 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 image(s) as a stand-alone file.
3.6 The Licensee shall ensure that the image(s) are not incorporated into
a logo,trademark or service mark
3.7 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.
3.8 The Licensee warrants and undertakes not to assign or license the use of
the image(s) 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 or
otherwise transfer or purport to transfer the right to use the image(s) in
any way to any other person or entity.
3.9 The Licensee accepts and warrants that its use of the image(s) 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 image(s)
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 Determination
It shall constitute reproduction by the Licensee of its obligations under
this AGREEMENT if:
The Licensee is declared or becomes insolvent or bankrupt, or the Licensee
is put into Examinership, Rerceivership, 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 image(s) in whatever form supplied or held created
produced by the Licensee.
5 Miscellaneous
5.1 The provisions of the AGREEMENT shall be governed by and construed in
accordance with the laws of Ireland, whose Courts shall be the Courts of
sole jurisdiction in relation to this AGREEMENT, Not withstanding 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 the Licensee.
5.2 The AGREEMENT contains the full and complete understanding between the
parties, and supersedes all prior arrangements and understandings whether
written or oral appertaining to the subject matter of this AGREEMENT, and
not be varied except by an instrument in writing signed by all 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.
5.3 The United Nations Convention on Contracts for the International Sale of
Goods does not govern this agreement.
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For Customer Service, e-mail us, or call 353-66-7122201, 8am - 6pm Mon - Sat (GMT).
5 Castle Street, Tralee, Co. Kerry, Ireland
2010© michael diggin photography
site by the design suite
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