TERMS AND CONDITIONS
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by ArcticPhoto. All elements of the site, including the content and the general design are protected by copyright and international law relating to intellectual property.
RESTRICTIONS AS TO USE
The following uses are prohibited:
- Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
- Create any derivative use of an Image unless indicated on the invoice.
- Sublicense, re-license, rent or lease any of the Images.
- Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. This includes anything that is in any way critical of Indigenous Harvest or Hunting.
- Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
- Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorised users, without prior written consent from ArcticPhoto.
- 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, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
- Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with ArcticPhoto in any manner.
- Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
All Images used should bear a credit line as indicated by ArcticPhoto.
ArcticPhoto reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. ArcticPhoto reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.
RETENTION OF DIGITAL FILES:
Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. ArcticPhoto's copyright information and Image identification number must be retained with the digital files while you retain them.
Time is of the essence in the performance by User of its obligations for payments.
Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to ArcticPhoto within thirty (30) days after receipt of invoice.
Once an Image has been downloaded there are no refunds or cancellations. You authorise ArcticPhoto to charge you for the selection of Image(s) and accept the terms stated within this License Agreement upon ordering the Image(s).
LINKS TO THIRD PARTY SITES
The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.
You agree to indemnify and hold ArcticPhoto, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.
ARCTICPHOTO GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ARCTICPHOTO IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY ARCTICPHOTO.
DIGITAL FILES ARE PROVIDED "AS IS." ARCTICPHOTO MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. ARCTICPHOTO MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ARCTICPHOTOOR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND ARCTICPHOTOSHALL BE THE FEE PAID FOR THE IMAGE TO ARCTICPHOTO.
UNAUTHORISED USE / COPYRIGHT INFRINGEMENT/ RETROACTIVE LICENSE FEES
Since it is difficult to determine damages resulting from unauthorised usage, in the event you utilise an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license. If you fail to timely make such payment, this liquidated damage provision is deemed unenforceable, and we incur legal fees and costs to recover damages for unauthorised use, you shall be liable for all such legal fees and costs, expert witness fees and interest from the date of your unauthorised use.
No use of our images may be made on social media, blogs, mobile applications, in print, online or via email without prior permission.
Authorised usage fees are negotiable subject to a minima as agreed expressly by Bryan & Cherry Alexander.
Online use is subject to a maximum term of 10 years unless otherwise specified.
We assert our moral rights to be identified as authors in all reproductions of our work.
If an image appears without credit, a 100% uplift on these figures may be payable.
The stripping out of the metadata is not allowed. An additional 100% uplift will be charged
Unauthorised use will incur further uplifts of 100% for, but not limited to moral rights and derogatory treatment.
In the UK. Copyright Infringement, ie the use of an image/s where a licence has not been purchased. Unauthorised users of our images, including bloggers and or website owners using an image/s on business websites or and Social Media websites will be charged at the National Union of Journalist recommended Commercial and Business rate at the very least. But it could be greater depending on the severity of the use. Unauthorised users of my images, on non commercial sites, will be charged at the National Union of Journalist recommended appropriate rate.