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User License Agreement | ||||
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General Conditions of use for watermarked images available for downloading on this site free of charge (low-resolution imagery Royalty free images : end user license agreement (for single images and hi-resolution cd-roms) Invoice terms for the use of right protected images |
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| GENERAL | |||
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IMPORTANT : This is a legal agreement between you and Pacific-image.
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| CONDITIONS OF USE OF WATERMARKED LOW RESOLUTION IMAGES | |||
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| IMPORTANT : By downloading anything from this
site (free of charge), you indicate your acceptance to the following terms
of this agreement. No rights involving reproduction and use may be granted to the low-resolution images : You must license the use of the Rights-Protected Image(s) or purchase the Royalty-Free image(s) or cd-rom(s) and accept all the terms of the corresponding Pacific-image License Agreement. The watermarked low-resolution images, available for downloading from this site free of charge, may only be used for better visualizing an image or for preparing a layout to present to a client. Under no circumstances may the images be used in any finalized projects for internal or external use, either comprehensively or separately, even in an altered form. They may not be distributed outside your company or to the public, in any online or other electronic distribution system. Pornographic, defamatory, libelous or otherwise unlawful use of the images is prohibited. All the rights of these images are owned by Pacific-image and the photographers who took the images. |
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| ROYALTY FREE IMAGES : END USER LICENSE AGREEMENT | |||
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| IMPORTANT : By using our images, you indicate
your acceptance of these terms and conditions. By purchasing an image or a Pacific-image cd-rom, you agree to be bound by the terms of this agreement. 3.1 A non-exclusive and non-transferable license agreement You willl have no ownership rights whatsoever to this image available from this present site or to the cd-rom’s contents. You only will be granted a user's license on a non-exclusive and non-transferable basis, according to the terms and conditions contained herein. Content providers ((photographers, models or publishers) remain the sole owners of the copyright as provided under French and international copyright laws, and the contracts they are bound to. Images may be altered through coloration, digital manipulation, adding other graphic elements and other techniques. However, even altered, content (images and digital files) remains subject to copyright law. 3.2 Photo credit The mention : "©pacific-image.com" must accompany all photographs. (Pursuant to the provisions of articles L 121-1 & seq. of the French Intellectual Property Code). You agree to provide copyright protection for all images. Failure to include such a credit line will result in a surcharge of 100% of the license fee. 3.3 User's rights Imagery from Pacific-image may be used on a worldwide basis in the following cases : • Advertising and promotion : press advertising, brochures, presentations, posters, business cards, trade show displays, billboards and exhibits, calendars, greeting cards, (except postcards for resale), T-shirts • Multimedia material : as long as the images do not exceed a resolution of 380 X 380 pixels for Internet and other online use, and 600 X 800 pixels for cd-roms and other off-line use, • Publishing : magazine article and book illustrations, • Packaging : covers for cd-roms, audio cassettes, video cassettes, book covers, all perishable packaging (food, materiel, plastic bags) • Audiovisual : television channel and programme presentation, video, advertisements, 3.4 Limited and prohibited uses : • transfer the rights to the image(s) or cd-rom(s) : In buying an image or a cd-rom from this site, advertising and public relations agencies do not obtain the right to use the images with all of their clients. The “end user“ is the only beneficiary of the license. (If an advertising agency uses an image in a brochure for a jeweller, the jeweller is the end user of the image, not the ad agency) • Make copies, whether digital, printed, photographic or otherwise, of any photo, other than those you wish to use. • Share, rent, re-sell, distribute (notably by server) or sub-license the image(s) or cd-rom(s), or the rights to use the image(s) to anyone for any purpose. It is also prohibited to use the image(s) in a product whereby the purchaser (or licensee) of this product can then use the image(s) for its own purposes. • An image may not be used for resale products in which the image is the main component such as postcards, posters and photo books. • You incur full liability for the use made of images that may require specific authorisation from any third parties, with regard to patent rights or copyright, or to the rights reserved by a legal entity and are excluded from this license. • Pornographic or immoral use, defamatory or unlawful use of any kind of the image(s) (either altered through digital manipulation or adding other elements) is prohibited. You are liable to the photographers and models for preserving their respectability and integrity in the usage of the image(s). • You may not use images of identifiable persons or items contained in this site in a manner that could suggest any relationship or association whatsoever between these images and any product or service. • You may not crop individual people from groups larger than 4 persons and use them as individuals. • You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form any software contained in the cd-roms. |
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| INVOICE TERMS FOR THE USE OF RIGTS PROTECTED IMAGES | |||
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| IMPORTANT : By purchasing or using an image
on this site, you confirm your acceptance of these following terms and conditions. 4.1 Limited use granted • Only the rights specified in the invoice will be granted. No secondary advertising or commercial rights whatsoever will be granted or implied unless specifically stated in the license. • All rights not granted on your invoice are specifically reserved for Pacific-image’s use without any limitations whatsoever. • The right to use an image becomes effective after you pay the invoice. 4.2 Prohibited uses • You warrant that you have supplied accurate information to Pacific-image to fully describe the manner in which the image will be used. You are responsible for the truthfulness of all information appearing in the invoice. •You agree that any unauthorized use of the Image(s) is an infringement of copyright and that you will be responsible for any fees, damages and/or compensation arising therefrom. • You may not assign to anyone the usage rights we grant you, without our prior written consent. • Pornographic or immoral use, defamatory or unlawful use of any kind of the image(s) (either altered through digital manipulation or adding other elements) is prohibited. You are liable to the photographers and models for preserving their respectability and integrity in the usage of the image(s). 4.3 Infringement of copyright and compensation • If you use the image(s) for any use other than indicated in the invoice, Pacific-image can propose that you pay, as liquidated damages, a sum equal of 3 (three) times the maximum price we would have charged for such use, within two (2) weeks of our billing such fee. If you fail to make such payment in 2 (two) weeks, this liquidated damage provision shall be void and we shall have the right to sue for infringement of copyright and breach of contract. •Liability of Pacific-image for any improper use of an image in any event shall be limited to the sum paid in accordance with our invoice, which specifies the use of the particular image involved. If your invoice was not paid before you use the image, Pacific-image shall be absolved from any and all liability and held harmless by you from all claims arising out of any usage. 4.4 Payment terms No rights are granted until your invoice is paid in full, even if you have been permitted to download an image from Pacific-image. Any claims for adjustment or rejection of terms must be made to us within 5 (five) days of receipt of the invoice. 4.5 Copyright protection All right protected images must bear the credit line “© (artist name)/Pacific-image“ or as otherwise indicated by Pacific-image in the license. You agree to provide copyright protection to all images : failure to include such credit line will result in a surcharge of 100% of the license fee. 4.6 Cancellation If a right-protected image is not reproduced by you in any way for any reason, you must advise Pacific-image in writting within two weeks of the invoice date to receive a full refund. There will be no credit or refund given after two (2) weeks. 4.7 Expiration You assume responsability to contact Pacific-image thirty (30) days prior to the expiration of usage rights in order to negotiate for rights to re-use an image for the same usage as outlined in the invoice. After the license has expired, all reproducible copies of the image must be erased or destroyed to prevent unauthorized use of the image. |
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| Copyright ©2002 - Pacific-image - All rights reserved - Terms & conditions | |||
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