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GENERAL TERMS AND CONDITIONS
1. These terms and conditions shall apply to all contracts and licenses entered into between HorseSource Photos and its clients. Deviations from these terms shall not apply unless agreed in writing.
2. All material, including, but not limited to, graphics, photographic images, and content are protected by trademarks and copyright laws. No element of this site, except where explicitly permitted under this or any other agreement with HorseSource Photos may be copied, or retransmitted in any form.
3. All Content of this site remains the property of HorseSource Photos and it's Licensors.
4. You agree to indemnify HorseSource Photos and it's licensors against any losses or other expenses incurred as a result of your breach of this agreement or unauthorized use of content.
5. All images may only be used by you once you have entered into a license agreement and paid the relevant fees or have an approved credit account.
6. You may not redistribute, sub-license, lend or give any images you have licensed to any third party.
7. HorseSource Photos provides no warranties or releases with respect to trademarks, logos, uniforms or works of art that may be depicted in any image.
8. HorseSource Photos provides no warranty as to the accuracy of captions provided with any image and shall not be liable in the event of incorrectly captioned images. HorseSource Photos will use all reasonable efforts to ensure the accuracy of such captions.
9. You must obtain all necessary releases and permissions before any image is used in a non-editorial manner.
10. We reserve the right to change these terms, prices, information and available contractual license terms featured on the HorseSource Photos website without notice.
11. This Agreement shall be governed by the law of British Columbia, Canada.
TERMS AND AGREEMENT FOR USE OF ROYALTY FREE IMAGES - in addition to the general terms and conditions above the following shall apply:
1. By confirming the purchase of a license and downloading any Royalty Free Image from the HorseSource Photos website you agree to be bound by the terms of this agreement.
2. The parties to this agreement are HorseSource Photos and you. HorseSource Photos has been appointed by its contributors to act on their behalf in respect to this agreement
3. Royalty Free Images are non-exclusive. You are granted a license to use said images on a worldwide basis in printed or electronic form. (Note: Images used in a commercial, non-editorial manner may require releases. It is your responsibility to obtain such releases. All images on the web site where a model release is available are clearly marked as such and you should obtain a copy of such release should this be necessary.)
4. Where images are used in electronic form, such as in a website, that website must contain a clause declaring that images on the site are copyrighted and may not be copied or linked to by any third party
5. You may alter, crop, and digitally manipulate Royalty Free Images.
6. All Royalty Free Images are subject to clause 6 of the General Terms except that you may sub-license said images as part of a derivative work, i.e. a packaging layout. However, third parties may not use the images in any other manner without purchase of a separate license from HorseSource Photos.
7. Royalty Free Images may not be incorporated into a trademark or logo
8. No ownership of any image or its copyright shall pass to you by the issue of a license.
9. Images may not be used in any illegal manner, and in addition may not be used in any way that is pornographic, defamatory or fraudulent.
10. Use of an image in any way that is not authorized under this agreement shall be considered a breach of copyright.
11. Due to the nature of the internet, routine maintenance of the server and database may result in temporary loss of service. HorseSource Photos will use all reasonable efforts to keep such downtime to the minimum possible. Horse Source Photos shall not be liable for any loss or damages suffered by you or any third party as a result of such downtime.
TERMS AND AGREEMENT FOR USE OF RIGHTS MANAGED IMAGES - in addition to the general terms and conditions above the following shall apply:
1. These terms and conditions shall apply to all contracts and licenses entered into between HorseSource Photos and its clients. Deviations from these terms shall not apply unless agreed in writing.
2. The parties to this agreement are HorseSource Photos and you. HorseSource Photos has been appointed by its contributors to act on their behalf in respect to this agreement.
3. Rights Managed Images are non-exclusive unless otherwise agreed in writing. You are granted a license to use said image(s) subject to the use, time period, territorial restrictions, print run, size, and any other restrictions specified in the invoice. (Note: Images used in a commercial, non-editorial manner may require releases. It is your responsibility to obtain such releases. All images on the website where a model release is available are clearly marked as such and you should obtain a copy of such release should this be necessary.)
4. Unless otherwise agreed in writing, you may use the Rights Managed Image only once within any editorial piece, design or other work.
5. Rights Managed Images may not be used in the production of other visual works, i.e. paintings, unless previously agreed in writing
6. Where Rights Managed Images are used in electronic form, such as in a website, that website must contain a clause declaring that images on the site are copyrighted and may not be copied or linked to by any third party.
7. You may crop, color correct or produce a silo from any Rights Managed Image. Other digital manipulations are not allowed.
8. All images are subject to clause 6 of the General Terms except that you may sub-license said Rights Managed Image as part of a derivative work, i.e. a packaging layout. However, third parties may not use the Rights Managed Image in any other manner without purchase of a separate license from HorseSource Photos.
9. Rights Managed Images may not be incorporated into any trademark or logo.
10. No ownership of any Rights Managed Image or it's copyright shall pass to you by the issue of this license.
11. Rights Managed Images may not be used in any illegal manner, and in addition may not be used in any way that is pornographic, defamatory or fraudulent.
12. Use of an Rights Managed Image in any way that is not authorized under this agreement shall be considered a breach of copyright.
13. Due to the nature of the internet, routine maintenance of the server and database may result in temporary loss of service. HorseSource Photos will use all reasonable efforts to keep such downtime to the minimum possible. HorseSource Photos shall not be liable for any loss or damages suffered by you or any third party as a result of such downtime.
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