TERMS & CONDITIONS
This Agreement is between Miles Below Photography (“Photographer”) and [You] (“Purchaser”)
By purchasing an “Image(s)” on MilesBelow.com you are agreeing to the following terms and conditions.“Image(s)” means all images, stock photographic, video, footage, and other media or used equipment on miles below.com (the “Site”) or otherwise made available by Miles Below Photography (the “Photographer”).
All images purchased from MilesBelow.com are for “editorial” or “retail” use only. They are not sold with any “commercial” rights. Commercial refers to photography that is used to sell or promote a product, service, or idea. Editorial refers to photography used for educational or journalistic purposes. Retail refers to photography commissioned or purchased for personal use. If you would like to use an image for “commercial” use please contact Miles Nurse at firstname.lastname@example.org
2. USAGE RIGHTS and OWNERSHIP.
Purchaser acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Purchaser appear below in this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Purchaser understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s). The term of license begins from the date Photographer receives full payment of the image.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.Unless otherwise agreed, Photographer retains the right to use any Image(s) for his self-promotion.
If the Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and (ii) in such event, upon Miles Nurse’s / Miles Below Photography request, you shall remove any Content from such platform or website.
3. PHOTOGRAPHIC INTEGRITY & ALTERATIONS.
Purchaser will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal digital reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
4. PROHIBITED USES.
You may not:
use the Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (eg. products in which Content is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other commercial items.
use the Content in connection with any goods or services intended for resale or distribution where the primary value lies in the Content itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
use the Content in a fashion that is considered by Miles Below Photography (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, or defamatory in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©Miles Below Photography”; If a credit line or copyright notice is required but not actually provided, Purchaser agrees that the amount of QUADRUPLE THE PURCHASE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line
5. AUTHORIZED USES.
transfer the files digitally for the express purpose of creating prints for “retail” use by the purchaser
use as a screensaver, screen background on a personal computing device
Use the Content for editorial purposes as long as you inform Miles Nurse via email; email@example.com and include the credit line adjacent to the Content or in audio/visual production credits: “©Miles Below Photography”; and
6. GENERAL LIABILITY and RELEASES.
Purchaser will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Purchaser’s use of the Image(s).
It is Purchaser’s responsibility to determine whether any releases delivered by Photographer are suitable for Purchaser’s purposes. In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
7. DIGITAL FILE QUALITY.
Photographer is committed to providing high quality services. Photographer may deliver, and Purchaser agrees to accept, the Image(s) encoded in an industry-standard data (.jpg) format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors.
If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
8. USED PHOTOGRAPHIC EQUIPMENT
Photographer sell fully operational used equipment. All equipment is has been verified in good working condition and sold at a reasonable Fair Market Value (FMV). It is the responsibility of the Purchaser to inquire about specific needs, product serials to ensure the used gear is appropriate for use by the Purchaser. The Photographer does not accept returns of any kind on used gear.
9. ACCEPTANCE OF TERMS.
Purchaser may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Purchaser and Photographer, as well as their respective principals, employees, representatives, and successors. Purchaser and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Purchaser is bound by, Purchaser’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of Canada and the Province of British Columbia, and for all purposes will be interpreted in its entirety in accordance with these laws. Purchaser specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Vancouver, British Columbia, Canada. Purchaser will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you have concerns relating to this Agreement, please contact Miles Nurse at firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF MILESBELOW.COM AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MILES BELOW PHOTOGRAPHY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MILES NURSE / MILES BELOW PHOTOGRAPHY RELATING TO THE SUBJECT OF THIS AGREEMENT. ©Miles Nurse, Miles Below Photography, & MilesBelow.com – All rights reserved.