Banana Pancake Photo Library | Travel and Landscape Stock Photography
LICENSE AGREEMENT TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JUSTIN FOULKES. Banana Pancake is the trading name of the Justin Foulkes stock photography business.
PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). BY CLICKING ON THE "I AGREE TO THE TERMS AND CONDITIONS" BOX AT THE TIME OF REGISTRATION OR BY CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
All of the text and the copyright in the images presented on this web site are owned by the photographer, Justin Foulkes. The general design, text and Images of this web site are protected by copyright, trademark and other laws relating to intellectual property rights.
You agree to furnish accurate information when registering on Banana Pancake. You are responsible for maintaining the confidentiality of your username and password. You agree to take all reasonable steps to prevent others from obtaining your access information and to notify Justin Foulkes of any unauthorized access or of the need to update or remove access for any of your employees or agents. You will be liable for payment for all Images downloaded by others, with or without your permission or knowledge prior to the time that you notify thge photographer of any unauthorized use.
All Images on the website www.bananapancake.com are protected by copyright. The photographer, Justin Foulkes owns all rights to the Images. All rights not specifically granted to you by this agreement are reserved. Your rights to reproduce an Image is subject to the restriction set forth in this agreement, and is conditioned upon full payment of the license fee prior to your reproduction of the Image. No ownership interest or copyright in any Image shall pass to you by download of an Image or by granting the license to reproduce an Image.
Justin Foulkes grants you a personal, non-exclusive, non-transferable, right to copy the Images you have selected onto your computer hard drive or disk and to use the Image and any derivative works or copies, on one computer and with one user at a time for no longer than 60 days. The Image may only be copied, modified and incorporated in materials for design layouts ("Comps"). The Comps may only be used as in-house presentations, story boards, or rough draft designs for yourself or your clients. Other than the comp usage described above, Images may not be used in any way until an invoice indicating your rights to use the Image is paid in full. Unless otherwise specifically stated, Images remain the property of the photographer. You do not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and may not make, authorize or permit any use of the digital files made therefrom other than as specified herein.
3. IF YOU ORDER/PURCHASE AN IMAGE USING THIS WEB SITE, THEN THE "LICENSE AGREEMENT TERMS AND CONDITIONS" WILL ALSO APPLY TO YOUR USAGE RIGHTS FOR THAT IMAGE.
To obtain reproduction rights for Images not available for hi-res delivery on this web site, you must contact:
Banana Pancake Stock Photography
Tel +44 (0)7855 859482
Justin Foulkes grants you the non-exclusive, non-transferable, one-time right to use the Images according to the rights selected and indicated on the "Order" menus filled out by you during the licensing process and confirmed by you in the "Detailed Order". The 'Banana Pancake' Invoice with the License Agreement for the Image(s) will set forth the details of your order and conditions of use. The license is limited to the usage, period of time, print run, reproduction size of Image, territory and other restriction specified in the invoice.
Unless otherwise agreed, use of any Image is strictly limited to one (1) year from the date of invoice.
To obtain exclusive rights for an Image, you must contact the photographer (See contact info above)
Full credit and copyright information MUST remain with the digital file when saved onto your hard drive.
Editorial use of Images must be accompanied by the following credit line: copyright: Justin Foulkes/bananapancake.com No additional usage, reuse or new use in any form may be made of any Image without first contacting Banana Pancake to purchase additional rights.
Promotional and advertising uses
For any promotional use of the Image, you agree to specify in the "Order" menus the product industry of the product or service you are going to promote with the Image. Please read the "Final Order" carefully and observe the "Restriction" field next to the selected Image(s) where restrictions may or may not be displayed before continuing the licensing process online. Use of the Image beyond the restriction, if any, is absolutely prohibited without first obtaining a written license from Banana Pancake. It is your responsibility to check if the selected Images are limited by restriction and you specifically indemnify Banana Pancake in any lawsuit that may result from your usage of the Image.
Uness you prepay by credit card, all invoices are payable within thirty (30) days. No usage rights shall be granted until payment in full is received by Banana Pancake
When licensing Image reproduction rights via the online pricing and purchase function of this web site, you authorise Banana Pancake to charge you for the selection of Images and accept the terms stated in this agreement when you click "Proceed to payment" in the step entitled "Proforma Invoice". If you cancel rights granted in the invoice within seven (7) business days from the date of the invoice, you will be charged a £20 administration fee. After seven days, no cancellation will be accepted and the full amount of the invoice must be paid.
4. MODEL RELEASES / GENERAL RELEASE INFORMATION
You may NOT rely on model releases or other releases for any Image unless these releases are expressly acknowledged by Banana Pancake IN WRITING. If we erroneously advise you that an Image is released when it is not, Banana Pancake liability shall be limited to the amount you paidBanana Pancake for reproduction of the Image. You agree to indemnify Banana Pancake (Justin Foulkes) against all claims that may arise out of the use of any Image where the existence of a release has not been expressly acknowledged IN WRITING by the photographer. Justin Foulkes makes no representation or warranty with respect to the right to use names, content, Images, trademarks, logotypes, designs or art depicted in any Image. You or your client MUST satisfy yourselves that all necessary rights, consents or permissions that may be required for reproduction are secured from the appropriate party.
The website www.bananapancake.com requires that you enter common personal data, which will be used by Justin Foulkes for the purpose of running operations for the licensing of Image reproduction rights. We inform you the site user that the data collected may be used and handled with automated and manual tools for this purpose. The data will only be transmitted to subjects for whom the transfer of this data is necessary, practical and instrumental for the licensing operation to be run. The data collected will not be subject to widespread transmission on the part of Banana Pancake. By clicking the "I agree to the terms and conditions" box at the time of registration or by continuing to use our website site you allow Banana Pancake to use your personal data.
6. RESTRICTIONS AS TO USE OF IMAGES
Use of the Image beyond the terms of the limited License Agreement without first obtaining an additional license is absolutely prohibited. You may not use the Image in any manner that is defamatory, whether directly or in context or juxtaposition with specific subject matter. You may not use any Image in connection with any potentially sensitive issue including but not limited to, sex, pornography, contraception, abortion, sexually transmitted diseases, mental or physical abuse, domestic violence, physical or mental challenges, illness of any kind, prostitution or phone call centers, dating services, AIDS, substance abuse, alcohol, tobacco, cancer or possible defamation or disparagement of character or product. Under certain circumstances "Sensitive issue releases" may be available for an Image and that release may allow licensing providing written consent is obtained directly from the photographer. It is your responsibility to determine if that release is sufficient for your use and you specifically indemnify Justin Foulkes in any lawsuit that may arise as a result of your use of the Image.
Archiving, republishing or transmitting any Images on any database without Justin Foulkes' prior written consent is prohibited. No Copying or publishing of any of the Images to a network or bulletin board or otherwise distributing or allowing any of the Images to be distributed to or used by anyone other than the authorized users is permitted, without prior written consent from Justin Foulkes. You may not sublicense, rent or lease any of the Images. You may not use the Image in any electronic template or application, including any of 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. Shipping, transferring or exporting any of the Images into any country or use of any of the Images in any manner prohibited by any export laws, restrictions or regulations is forbidden without Justin Foulkes' written consent. The User assumes full liability for its employees, agents, assigns and freelance or contract staff for any misuse of any Images displayed on this web site.
The information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Banan Pancake makes no warranties or representations regarding the accuracy or completeness of the information. Justin Foulkes shall not be liable to you for any general, special, direct, indirect, consequential, incidental, or other damages arising out of the rights granted herein.
8. LIMITATION OF LIABILITY
Under no circumstances will Justin Foulkes be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the Images or (b) the inability to obtain additional rights to the Images (including making additional copies) even if Justin Foulkes has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Image, their representative, and Justin Foulkes shall be the fee paid for reproduction of the Image to Justin Foulkes.
You agree to indemnify and hold Justin Foulkes 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. You are responsible for loss or damage to the Image(s) delivered to you from the time of receipt until their return to Justin Foulkes.
10. RETENTION AND RETURN OF DIGITAL FILES AND OTHER MEDIA
Digital files may be retained for sixty 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 the License Agreement. Film and or prints must be returned within 30 days of receipt. Failure to return original or dupe film subjects you to damages.
11. GOVERNING LAW
The interpretation of this Agreement shall be governed by the laws of England. Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, copyright claims, performance and breach hereof, shall be settled by arbitration in London, England pursuant to the rule of the English Courts.
If Banana Pancake is caused to present claims or suit to you as a result of any breach of the above terms set forth, you will be required to pay all of Justin Foulkes' costs and expenses incurred including Justin Foulkes' reasonable legal fees or cost.
JUSTIN FOULKES - Banana Pancake Photo Library | Travel and Landscape Stock Photography
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