Image licence agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TOMASZ.CC IMAGES. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU REQUEST AN IMAGE. BY REQUESTING AN IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE IMAGES ON THIS SITE ARE OWNED BY TOMASZ.CC IMAGES AND ARE PROTECTED BY THE INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL COPYRIGHT CONVENTIONS.
Grant of rights for previews and ‘thumb nailed’ images
TOMASZ.CC IMAGES grants you a personal, non-assignable, non-transferable, non-exclusive right to copy thumb nailed and preview images from the website onto your computer hard drive and to use the image for the following limited applications: comprehensive layouts, montages (‘comps’) and non-commercial in-house presentations under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. You are not granted any rights to use the images for any advertising, promotional or editorial use or any other use whatsoever, and you are not granted any derivative, electronic or digital rights or any other rights whatsoever. A derivative work is anything sourced from or referenced from a pre-existing image. All rights not expressly granted above are reserved by TOMASZ.CC IMAGES without any limitation. Usage of the image beyond the rights granted in this Agreement constitutes wilful copyright infringement and is punishable to the fullest extent of the law.
Restrictions on use
You agree not to:
1. Use any image in any manner that might be considered defamatory, libellous, pornographic, fraudulent, infringing or tortuous, whether directly or in context or juxtaposition with specific subject matter or by altering it in anyway.
2. Use the image or permit the use of the image in any way that violates the person’s right of privacy or publicity.
3. Infringe on any trade name, trademark or service mark or to otherwise use an image for any unlawful purpose
4. Place the image online in a downloadable or FTP format.
Releases, permissions and sensitive subjects
Unless an image has a model or property release, no such release exists. tomasz.cc images gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.
The rights contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination, you must immediately:
1. Stop using the image
2. Delete the image and all copies from all electronic and/or magnetic media
You agree to indemnify and hold TOMASZ.CC IMAGES, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from the use of an image or any breach of this Agreement. If you utilise an image prior to paying our Invoice, we are relieved of any liability for any claim concerning such image’s use or publication since it was published without permission.
Digital files are provided ‘as is’. TOMASZ.CC IMAGES makes no representation or warranty, either expressed or implied, included but not limited to, any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. tomasz.cc images nor any of its directors, officers, employees or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, or other damages arising out of the use of, or the inability to use, the digital images.
Exclusive remedy for digital files
TOMASZ.CC IMAGES limitation of liability and your exclusive remedy will be a replacement of the digital image.
You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images supplied and that you can provide a well founded reason for your request.
Limitation of liability
Under no circumstances will tomasz.cc images 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:
1.The use of or inability to use the images
2.The inability to obtain additional rights to the images (including making additional copies) even if tomasz.cc images 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 TOMASZ.CC IMAGES shall be the fee paid for the image to TOMASZ.CC IMAGES.
You agree to provide copyright protection of the image. TOMASZ.CC IMAGES shall have the exclusive right to pursue any copyright infringement without regard to the rights granted.
Legal costs and jurisdiction
In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse TOMASZ.CC IMAGES for its reasonable legal fees, costs and disbursements if TOMASZ.CC IMAGES is successful in the suit.
No waiver, complete agreement
The terms set forth in this Agreement represent our entire agreement concerning your review and ‘comping’ of images. All prior understandings or representations, whether oral, written, based on ‘industry custom’ or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorised to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.
Agreement binding on principle
If you are acting as an agent or representative of another, you must disclose the name of the principal to TOMASZ.CC IMAGES upon request. You agree to insure that the principal agrees to be bound by all of TOMASZ.CC IMAGES’ terms and conditions contained in this Agreement and shall furnish written confirmation to TOMASZ.CC IMAGES upon request. This term is a material part of the Agreement and a condition upon which the digital images are made available to you. TOMASZ.CC IMAGES reserves the right to change the terms of this Agreement without notice. TOMASZ.CC IMAGES further reserves the right to withdraw an image from use for any reason and you agree to destroy any file and discontinue the uses of any image that has been listed as withdrawn.
If you are unsure about your rights or obligations under this Agreement, or it you wish to use images in a manner not permitted under this Agreement, use the contact page.