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Please read this agreement carefully before purchasing any royalty free images from Surfpix. By purchasing any royalty free image from Surfpix you agree to having read these terms and conditions and to be bound by them. If you are unsure of your rights under this agreement or want to license additional rights not permitted hereunder please contact;
Surfpix
1 High Street
St Davids
Pembs
SA62 6SA
United Kingdom
+44(0) 1437 721188
sales@surfpix.co.uk
Section 1 - General
By using an image or any rights granted under this agreement, you agree to be bound by this agreement. All rights not specifically granted by this agreement are reserved by Surfpix.
Section 2 - Uses
Upon payment of the purchase price for the image(s) and compliance with the terms and conditions of this agreement (including all restrictions), Surfpix grants to you, a non-exclusive, non-transferable right to use and reproduce your selected images in the following ways:
Print uses (excluding retail photo products)
Acceptable uses include promotional items (greetings cards, t-shirts, posters, phone cards, templates, CD covers, board games) magazines, newspapers, editorial, catalogues, flyers, brochures, reports, packaging, book covers and textbooks. Excluding any of the above offered for sale, either wholesale or retail.
Electronic or digital materials
Acceptable uses including screensavers, e-greetings cards, websites, broadcast video, multimedia including film and video, and CD ROMS, provided that the no image is greater 480x640 pixels and each image is incorporated into a design in such a manner to make clear that the image is not to be downloaded, copied or downloaded.
Section 3 - Restrictions
Surfpix may at any time during the term of this agreement notify you that certain images are no longer available for use under this agreement and upon such notification, the license under this agreement shall automatically terminate. Your sole remedy for any recalled image shall be at Surfpix’s sole discretion. Surfpix cannot anticipate all possible uses of an image and you solely responsible for use of any image in combination with any other material, without limitation, images not may be utilised:
- as a trademark
- for any pornographic, unlawful purpose or use
- to defame any person
- to violate any person’s right of privacy or publicity
- to infringe upon any copyright, trade name of any person/entity
- for use covering sensitive subjects
Non-transferable
Non-transferable means that the work you produce using an image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end user of your work. You must not sell, rent, loan, sub-license or otherwise transfer the image(s) to anyone. Nothing you produce shall grant or purport to grant any third party a right to use or duplicate an image. You agree to take all reasonable steps to prevent third parties from duplicating or distributing the image(s).
Section 4 - Indemnification
You shall indemnify and defend Surfpix and its image providers against all claims, liability, damages, costs and expenses including reasonable legal fees, arising out of or related to (1) a breach of this agreement (2) the use or modification of any image or combination of any image with any other material (3) your failure to abide by any restrictions regarding the use of an image (4) any third party claim related to the use of an image, alone or in combination with any other material.
Section 5 - Warranty
Subject to the restrictions and limitations regarding your use of an image contained in this agreement it owns or has obtained sufficient rights to the copyright for the image(s) to grant you the limited license under this agreement. Additionally, Surfpix warrants that the digital copy for the image(s) provided to you by Surfpix will be free from defects in material and workmanship (not visual artefacts inherent in original image) for ninety (90) following delivery from this site.
Surfpix will, as your sole and exclusive remedy for your inability to use an image and at its sole discretion, provide you with a replacement of the digital copy of such image, or refund any fee paid by you to Surfpix provided you have not made any licensed use of the image. Surfpix makes no warranties nor shall Surfpix be liable for any image which: (1) has been modified by you (2) has been combined by you with other images, products, content or materials (3) Surfpix has previously notified you not to license or otherwise use.
In no event shall Surfpix’s liability (whether in tort, contract or otherwise) arising out of or relating to your use or inability to use image(s) exceed £100.00, regardless of the number of claims or images used.
Except as provided above, Surfpix makes no warranties (express or implied) with respect to images or to Surfpix’s performance of obligations. Surfpix does not warrant that caption information is accurate. Surfpix makes no other warranty regarding any image(s), or any rights or licenses under this agreement including, without limitation, that the images are error free, the implied warranties of merchantability, title and fitness for a particular purpose, or non-infringement.
Section 6 - General
This agreement will be governed by the law of the United Kingdom.
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