Intellectual Property License (the “License”)
This LICENSE is granted by VisualChaos Studios, of The Studio, Chart Cottage, Turners Hill Road, Crawley Down RH10 4HG (the “Licensor“) to you the customer/purchaser of the Digital Images, Downloaded, Memory Stick, or CD/DVD/Flash Drive (the “Licensee“).
- The Licensor owns the copyright to the images described and identified in Appendix A (the “Images“) of this License, and at no time does the copyright pass to the Licensee.
- The Licensee desires to use such Images in a private and personal capacity only, and as determined and permitted in Appendix B of this License, and such use and continued use signifies the Licensee’s full acceptance of the Terms and Conditions contained in this License.
Terms and Conditions
For these reasons, Licensor and Licensee hereby agree as follows:
- The Images cannot be amended or altered in any way without the permission of the Licensor with the exception of general cropping in, colour tinting or conversion to black and white so that the Images may fit a frame, mount or print design. ANY changes to digital files will be made at the client’s sole risk and responsibility, VisualChaos Studios are not liable for any damage or quality reduction that may be caused by altering the files in any way. Prints should always be made using appropriate professional photographic printers such as Boots the Chemists who operate professional print calibration and standards.
- The Licensee is fully responsible for the use of appropriate digital workflow processes and correct digital workflow calibration that are essential for correct digital file reproduction and printing. VisualChaos Studios is not responsible for the quality of printed digital files that have not been printed via VisualChaos Studios.
- The reduction of image size in pixels may be changed without permission being obtained. Digital images are define (unless amended in your purchased digital package/option) as 6″ x 4″ 72 pixels per inch (ppi) in jpeg format and profiled in Adobe1998 colour space for Low Resolutions (PC/Mac screens) and “6 x 4” 240 pixels per inch (ppi) in jpeg format in Adobe1998 colour space for High Resolution (printing). Images printed or reproduced in bigger or different formats/sizes/shapes are not permitted and will reproduce poorly – cropping into and ‘blowing’ up or ‘zooming’ into images are the same as changing the size, shape and pixel density and VisualChaos Studios are not liable or responsible for the printing or reproduction quality as a result.
- The Licensee agrees to indemnify and hold harmless the Licensor against any damages, losses, or expenses (including but not limited to legal fees or legal claims) in connection with any use of the Images by the Licensee, except for any claims based solely upon ownership rights in and to the Images, unless such claims are as a result of the Licensor being in breach of this License.
- The Licensee shall not have the right to sub-license or assign the rights granted to the Licensee under this License.
- The Licensor may terminate this agreement at any time if and only if the Licensee is in breach of this License, and without liability or refund of any money paid for the Images.
- Upon the termination of this License for whatever reason, the Licensee will ensure that the Image’s usage has stopped, the digital version of the Images have been deleted and destroyed and removed from the Licensee’s computers, servers, CDs and premises and person in every way.
- If any Image featuring a person or property is used in a manner that would lead a reasonable person to believe that the person or property personally uses or endorses a product or service, or if the depiction of the person or property is used in connection with a subject that would be illegal, unflattering, embarrassing or unduly controversial to a reasonable person, the Licensee must accompany each such use with a statement that indicates that the person and or property is being used for illustrative purposes only and does not speak or represent the Licensor in any way.
- The Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and the Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
- THE LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE LICENSEE’S USE OF THE IMAGES, OR OTHERWISE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
- The Licensor reserves the right to revoke the License to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a License for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in any place where they already exist.
- If one or more of the provisions contained in the License agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable. No action of the Licensor other than express written waiver, may be construed as a waiver of any provision of this License agreement.
- This Agreement will be governed in all respects by the laws of the United Kingdom.
- The images either singularly or as a collection or portfolio or following distribution to the Licensee then subsequently altered in any way (the “Images”) taken by Steve and/or Sarah Fisher of VisualChaos Studios (the “Licensor”) and contained in this Download or on this CD or DVD and numbered between (FB)20000-001 to (FB)29999-9999 or within this number range. Such Images may be made available to the Licensee by CD, DVD, flash drive or internet download or other digital medium. These Images are encoded with the Licensor’s copyright (c) VisualChaos Studios, changing the Images identification and metadata will be deemed as a breach of this License, and as such, this License will be automatically terminated with out refund of fees and charges paid.
- any physical print of any size up to 6″ on the longest side at 240 ppi unless otherwise agreed or to the size of any upgraded package purchased (such as 9″ on the longest side), but at NO times bigger than 12″ on the longest side at 300 ppi.
- personal visual media devices at the Licensee’s or Licensee’s immediate family’s or friends home, including but not limited to TV, DVD or CD Player or digital frame or email system;
- ONLY the Images named/numbered starting with the letters “FB” can be used/displayed on the internet, any personal or family website, or social networking site such as but not limited to Facebook.com, MySpace.com, Twitter.com as long as there is no commercial reason, intent or any financial gain or business promotion. At all times, the Licensee’s copyright “(c)VisualChaos.co.uk” must be clearly shown. n.b. this is to combat recent changes in copyright law such as “Orphan Images” and the increasing issue of copyright theft as a result of social networking sites.
RESTRICTIONS ON USE Except as provided herein, the Licensee may not:
- sub-license, sell, assign, convey or transfer any of its rights under this License;
- sell, retail, distribute, use commercially, or allow to be used commercially either personally or through others or agents;
- use for/in modelling portfolios, self publicity, editorial or promotional purposes, whether in print or digitally on the internet.
- communicate, suggest, represent or imply that the Licensee or any other party other than the Licensor has the Copyright to the Images or any part of the Images, whether the Images be presented in their original form or following any re-design, cropping, digital manipulation of any kind;
- incorporate the Images into a logo, trademark or service mark;
- distribute, post or upload the Image(s) on-line in a downloadable format or to any stock image library;
- use any Image in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other images or materials;
- any local, national or inter-national TV, newspaper, magazine, noticeboard or billboard advertising campaign
- pass, transfer, copy or make available the Images to any other person other than the Licensee’s immediate family or close friends
- Use the Images without the Licensee’s copyright on any personal or family website, or social networking site such as but not limited to Facebook.com, MySpace.com. At all times, the Licensee’s copyright “(c)VisualChaos.co.uk” must be clearly shown. The Images numbered/named starting with the letter “FB” have been produced for this reason to ensure you comply with this clause.
Mr S Fisher
Photographer & Intellectual Property Owner
Steve Fisher Photography