By purchasing a photograph from Aerial Promotions YOU AGREE as follows:
1. Aerial Promotions.
(“Aerial Promotions c/o Freelance Photographer Robin Leworthy Wilson”) owns all the rights to all photographs taken by her, and these rights are legally protected worldwide. Aerial Promotions licenses the use of her photographs to you only as set out below.
2. BASIC LICENSE
2.1 Photographs may be downloaded FREE OF CHARGE directly from Aerial Promotions website (as low-resolution images) to be used on your PC for PERSONAL, NON-COMMERCIAL, TEST or SAMPLE use, including comps or layouts, on a NON-EXCLUSIVE basis.
2.2 Photo credit is expected for use of Aerial Promotions images ©Aerial Promotions or ©Robin Leworthy Wilson.
2.3 You may not, however, copy, distribute or share the photograph(s) in any way, except that you may make a single copy for backup purposes only, and you may e-mail comps to clients for review only.
2.4 If you want to link to a photograph on this site from your web site you must first contact Aerial Promotions to get permission. See contact information in item 8 below.
2.5 If you order (and pay for) any photograph(s) from Aerial Promotions, you will receive higher resolution images for personal use outlined in writing as agreed upon by Aerial Promotions and the intended licensor.
3. COMMERCIAL LICENSE
3.1 If you intend to publish any photograph(s) from Aerial Promotions, you will receive higher resolution images, and you have a NON-EXCLUSIVE LICENSE to use it/ them ANYWHERE, ANYTIME and in ANY MEDIUM as a part of:
3.1.1 ADVERTISING and PROMOTIONAL MATERIALS (including packaging, presentations and brochures);
3.1.2 ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web pages and multimedia designs) and BROADCASTS;
3.1.3 ANY PRODUCTS (including products for sale) or PUBLICATIONS (electronic or print); and
3.1.4 materials for PERSONAL, NON-COMMERCIAL use and TEST or SAMPLE use, including comps and layouts.
3.2 The photograph(s) may be shared by creating an image library or similar arrangement as long as no more than 10 specific individuals (including you) ever has access to the photographs.
3.3 Rights to the photograph(s) may not be sublicensed or resold, and detached or separate photographs may not be made available for use or distribution. For example, the photograph may be used as an integral part of a web page design or product, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use.
3.4 Clients may be provided with copies of the photograph as an integral part of work product, but may not be provided with the photograph on its own or be permitted to use the photograph separately.
3.5 This license may be transferred to another person only if you transfer the photograph without keeping or storing any copy and the person to whom it is transferred agrees to all these terms.
4. RESTRICTIONS ON ALL USES of Aerial Promotions photographs:
4.1 ” © 2011 Aerial Promotions” must appear adjacent to the photographs or in an obvious credits page or screen.
4.2 Use of the photograph(s) must always be in compliance with all applicable laws and any defamatory, pornographic, insulting or otherwise inappropriate or unlawful use is strictly prohibited.
4.3 Photographs may not ever be in a downloadable or FTP format.
4.4 Rights to use the photograph(s) cannot and may not be sub-licensed, sold or resold.
4.5 No photograph may be manipulated, morphed or in any other way materially altered without Aerial Promotions prior consent in writing.
4.6 Aerial Promotions reserves the right to discontinue the use of any photograph(s) by any person for any reason and to elect to replace the photograph with an alternate photograph, at her sole discretion. If use is discontinued, the relevant photograph(s) in your possession must be destroyed or returned to Aerial Promotions.
5. TERMINATION AND RETURNS
5.1 Any right to use Aerial Promotions photographs will terminate automatically without notice from Aerial Promotions if you fail to comply with any provision of this agreement. On termination, you must immediately delete and/or destroy all the photograph(s) including copies, in any medium, in your possession or control.
5.2 If you mistakenly order the incorrect photograph or are unsatisfied with it for any reason (other than for a defect in material or workmanship) you may return the photograph to Aerial Promotions within 10 business days, and we will issue a credit towards the use of another photograph in future.
6. WARRANTY and (VERY IMPORTANT) EXCLUSION OF LIABILITY
6.1 Aerial Promotions warrants the digital copy of the photograph in the form downloaded by you to be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of copy of the photograph or refund of the order price, at Aerial Promotions option. Aerial Promotions MAKES NO OTHER WARRANTY, express or implied, including, without limitation, any implied warranties of merchantability or for a particular purpose.
6.2 Aerial Promotions WILL NOT BE LIABLE to you or any other person for any general, special, direct, indirect, consequential, incidental or any other damages arising directly or indirectly out of this agreement or use of a photograph.
7. SMALL PRINT and DEFINITIONS (for those who are interested) In this agreement:
7.1 “distribution” includes distribution online or via any other electronic distribution system, and includes distribution of a photograph separately or individually or as part of a composite image;
7.2 “license” (as a noun) means “license” if you speak UK as opposed to US English;
7.3 “person” includes any entity, company or other organization whatsoever;
7.4 “photograph”, “photographs” or “images” includes all originals, copies, scans, prints, derivatives, adaptations, images etc of a photograph, regardless of the form or medium in which stored, viewed, used, or otherwise dealt with;
7.5 “share” includes sharing over a network, by storage in an image bank, or in a disc library or by utilizing any similar arrangement;
7.6 “you”, “your” etc includes your employer or principal if you are acting on behalf of that person.
8. ADDITIONAL RIGHTS OR LICENSES
If you are unsure of your rights under this agreement or wish to use the photograph in a manner not permitted by this agreement (for example you want an exclusive license), please contact Aerial Promotions, by email at firstname.lastname@example.org, or by phone at 905-979-2555(Canada).
9. IF YOU DO NOT AGREE unconditionally to all of these terms, DO NOT download any photographs and DO NOT place any orders, because YOU ARE NOT AUTHORIZED TO DO SO!