LIMITED RIGHT OF USE
In the event of an enquiry from a prospective purchaser to make use of any photograph then that use will only be approved if the purchaser agrees to the following Right of Use and pays an appropriate fee.
RIGHTS AND USAGE
TOPticl Digital Memories photo sales service (the "Service"), is owned and operated by TOPticl Digital Memories. Set forth below are the terms and conditions applicable to users of the Service and all photographic images (individually, a "Photo" and collectively, "Photos") licensed through the Service.
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AND USER AGREEMENT.
TOPticl Digital Memories reserves the right to change the terms of this License and User Agreement (the "Agreement") and features of the Service at any time. By using the service after notice of any change in the Agreement has been posted, you agree to be bound by this Agreement as modified.
LICENSE AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, you will have the non-exclusive license to use each Photo that you order for one-time editorial purposes only and in a print publication only.
The following credit information must accompany each Photo that you publish: Photographer Name <name of original photographer> (TOPticl Digital Memories)
Except as expressly permitted by this Agreement, you may not copy, reproduce, market, sell, distribute, publish, display, perform, modify, create derivative works of, download, or transmit, in any form or by any means, electronic, optical, mechanical or otherwise, any Photos or in any other way exploit any part of this Service. This restriction includes the distribution, marketing and selling of unauthorized "hard copies" of Photos and the distribution, marketing and selling of Photos through any electronic medium or any electronic storage device.
You may store Photos electronically until such time as the Photo is used in your publication, and then the Photo must be purged from your system. You are not allowed to enter Photos into a database or hold them longer than you need to for publication.
You may not physically or electronically alter or manipulate the content of any Photo. Established photograph printing methods such as burning, dodging, toning, cropping and minor colour corrections are permitted. Retouching is limited to the removal of minor scratches or minor image flaws.
The Service, including but not limited to Photos and explanatory text, is protected as a collective work or compilation under the copyright laws of the United Kingdom and other countries. All Photos, accompanying text and other elements comprising the Service are also copyrighted works and are protected by applicable copyright laws.
TOPticl Digital Memories does not obtain releases from individuals, groups, subjects or entities contained in the Photos and no clearance or other permission is obtained from any owner(s) of any trademarks or copyrighted materials whose trademarks and copyrighted materials may be included in the Photos. You shall be solely responsible for obtaining any and all necessary releases from individuals, groups, subjects and/or entities that may be necessary for your use of the Photos.
TOPticl Digital Memories represents and warrants that it has the rights under applicable copyright laws to reproduce, display and license the Photos in accordance with the terms and conditions of this Agreement.
THE PHOTOS AND THE SERVICE ARE AVAILABLE "AS IS". EXCEPT AS EXPRESSLY STATED HEREIN, TOPticl Digital Memories DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR PHOTO THAT IS ADVERTISED OR PROVIDED THROUGH THIS SERVICE. ALTHOUGH TOPticl Digital Memories INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, TOPticl Digital Memories DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. TOPticl Digital Memories IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
THE TOPticl Digital Memories SHALL NOT BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS EVEN IF THE TOPticl Digital Memories HAS BEEN ADVISED OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOPticl Digital Memories BE LIABLE FOR ANY DAMAGES WHICH EXCEED THE AMOUNTS (IF ANY) PAID OR PAYABLE BY SUCH USER FOR THE USE OF THIS SERVICE AND FOR ANY PHOTO LICENSED FROM THE SERVICE.
The TOPticl Digital Memories shall not be liable for any delays, inaccuracies, errors or omissions in any material obtained from the Service.
You agree to indemnify and hold harmless TOPticl Digital Memories, its directors, officers, partners, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against any losses, liabilities, expenses, damages and costs, including reasonable attorneysâ€™ fees, based upon or resulting from any violation by you of this agreement.
Pricing information is provided in the sections detailing the different types of usage. The price of Photos obtained from the Service is dependent upon the type of publication, the circulation, and the usage or size the Photo is used. You must negotiate prices before using any Photos obtained from the Service. You are responsible for paying all charges that you incur when you order any Photos.
In most cases, the original image is a digital image with between ½ and 10 megapixels of resolution and it has been saved as a compressed jpeg type file.