Legal

Licenses For Digital Downloads:

Personal Use License: 

IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE PURCHASING DIGITAL IMAGES FOR PERSONAL USE. By clicking the “I Accept” button, you signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, click the “I do not accept” button.

License For Personal Use:

TARQUIN PHOTOGRAPHY grants you a non-exclusive license to use, install, and copy the accompanying images subject to the following restrictions:

* You may exercise the foregoing license solely for your personal use. “Personal use” means the private, non-commercial use of the images, including the display of the images at various resolutions in combination with other materials such as a personal web page, the creation of printed materials containing the images, and the use of the images for reference, research, and any other private, non-commercial purposes;

* You may not use or incorporate the images in any materials, good, or services for which you charge or collect any fees, money or other consideration, either directly or indirectly through advertising, sponsorship, or otherwise. You may not use or incorporate the images in any advertising or promotional materials;

* While you may incorporate the images into your own printed and electronic materials, you may not resell, license, or otherwise distribute the images or derivative works of the images on a “stand alone” basis (i.e., you may not distribute the images apart from your own printed and electronic materials). You may not sublicense or transfer any of your rights under this License. You may not use any of the images that contain recognizable persons, entities, or products in a manner which suggests their association with or endorsement of any product or service;

* You may not use the images in any pornographic, defamatory, libelous, or other unlawful manner;

* You may not remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with the images.

Title:

The images are the proprietary and copyrighted materials of TARQUIN PHOTOGRAPHY, and all rights, titles, and interests in and to the images remain with TARQUIN PHOTOGRAPHY.

NO WARRANTIES:

TARQUIN PHOTOGRAPHY PROVIDES THE IMAGES TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND TARQUIN PHOTOGRAPHY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE IMAGES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF TITLE OR NONINFRINGEMENT FOR THE IMAGES.

LIMITATIONS OF LIABILITY:

IN NO EVENT SHALL TARQUIN PHOTOGRAPHY BE LIABLE FOR ANY THIRD PARTY CLAIMS OR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THIS LICENSE OR YOUR USE OR INABILITY TO USE THE IMAGES, EVEN IF TARQUIN PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TARQUIN PHOTOGRAPHY LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE) EXCEED THE GREATER OF THE FEE PAID TO TARQUIN PHOTOGRAPHY FOR USE OF THE IMAGES.

Termination:

Tarquin Photography may terminate License immediately if you fail to comply its terms and conditions.

General:

This License is intended as a legally binding agreement between you and Tarquin Photography. Its terms state the entire agreement between you and Tarquin Photography with respect to your use of the images and supersede any prior understanding or agreements to the contrary. This License may only be modified in a signed writing by all parties involved.

Editorial Use:

Terms And Conditions Of Use:

This is a legal agreement (“Agreement”) between you (“Licensee”) and Tarquin Photography (collectively hereinafter referred to as “licensor(s)”, “copyright holder” or “owner”). By downloading any digital images set to be used on the editorial basis from our website, you agree to be bound by the terms of this agreement. If you do not agree, click on the “I do not accept” button to decline this agreement. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

Grant Of License:

Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sub-licensable right to use any of the downloaded images and any derivatives or copies (collectively, the “Digital Media”), on your personal computer. Licensee may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by employees, partners and clients of Licensee only. Licensee may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. One copy of the Digital Media may be made for backup purposes only, but may be used only if the original Digital Media becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this license agreement, no Digital Media may be shared or copied.

The Licensed Image may be used as a part of:

(A) Editorial illustration in printed magazines and newspapers, or other periodicals;

(B) Editorial illustration in online news articles, blogs or newsletters.

(C) Materials for Personal, Non-Commercial, Non-Editorial use and Test or sample use.

No Licensed Image may be sub-licensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, Licensed

Image may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of Licensed Image (including digital files) as an integral part of work product, but may not be provided with Licensed Image or permitted to use Licensed Image separately.

Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.

Licensee may alter, crop, manipulate and create derivative works of the Digital Media.

Licensee’s rights to the Digital Media are worldwide and perpetual. Licensor reserves all rights not expressly granted to Licensee herein.

Licensee is allowed to include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

Restrictions:

Images may only be used in an editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use.

Images may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.

Licensee may not sub-license or, sell any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Digital Media in accordance with the permitted uses. Licensee may not sell, license or distribute its work in such a way that Licensee’s customer can extract or access the Digital Media as a stand-alone file.

Digital Media shall not be incorporated into a logo, trademark or service mark.

Licensee may not post the Digital Media online in a downloadable format.

The Digital Media may not be used in any illegal manner.

Photo Credits:

The following photo credit must appear adjacent to the use of Images: “Tarquin Photography”. In the case of omission of the credit, Licensee will be charged an additional one hundred percent (100%) fee paid for each photo.

No Releases:

Licensor gives no rights and makes no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Image. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by Licensor in connection with the delivery of Images hereunder.

Warranty:

Licensor(s) or website make no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. Licensor(s) shall not be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.

Licensee agrees to indemnify and hold Licensor and website harmless against all claims arising out of any breach of this Agreement.

General:

All rights to the Digital Media are owned by Licensor(s), website does not own copyright to the Digital Media and acts as agent or distributor of the Digital Media.

Licensor(s) are protected by United States copyright laws, international treaty provisions and other applicable laws. Licensor(s) retain all rights not expressly granted by this agreement. The Digital Media is licensed only to you or your employer if you are licensing on behalf of your employer. However, this license agreement and the license to use the Digital Media may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer, (a) transfer the Digital Media without keeping or storing any copy, (b) do not to utilize the Digital Media in the future in any manner, (c) transfer this physical agreement to the transferee; and (d) the transferee agrees to be bound by the terms hereof. The license contained in this license agreement will terminate automatically without notice from Licensor(s) or this website if you or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (a) stop using the Digital Media, and (b) delete any Digital Media and all copies of all of them from all magnetic media and destroy all other copies. Use of the Digital Media must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights.

This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of all parties.