TERMS & CONDITIONS OF USE FOR WEBSITE

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIRECTONLINEIMAGEORDER.COM (hereafter "DOIO"). BY CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. DOIO reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE AND IMAGES

This website is owned and operated by DOIO. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other international laws relating to intellectual property. The copyrights to the images on this website are owned by the individual photographers who created the images and/or DOIO. The images on this website may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these images beyond the "PERMITTED USAGE," including use on other websites without the prior written consent of DOIO. It is illegal to use any portion of our images as reference for another photograph, illustration or derivative work in any form.

PERMITTED USAGE

Comp Use: DOIO grants you a personal, non-transferable, non-exclusive right to copy the images you have selected onto your computers hard drive and to use the image(s) and any derivative works or copies (collectively, the "image(s)") on one computer and with one user at a time only. The images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The images may not be used in any final materials distributed internally or to the public. All other rights are reserved to DOIO. You must contact DOIO (by email, by phone or by FAX to obtain a license for additional use.

Other than the above comp use, images may not be used in any way, until an invoice indicating User's right to use same is paid in full.

ADDITIONAL USE

Only upon your payment for same, DOIO grants you the non-exclusive right to use the images according to the rights you have selected and indicated on the menu of the DOIO on-line licensing process in accordance with the DOIO STOCK LICENSE AGREEMENT found on the checkout screen. No image(s) may be used without proper payment.
The image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in our "INVOICE & COPYRIGHT LICENSE." The terms specified on the "INVOICE & COPYRIGHT LICENSE" shall not be modified without the express written consent of DOIO. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify DOIO's indemnity obligations, and the representations and warranties made by DOIO hereunder. Fees assessed for your use of the image(s) depends on the nature of the rights granted. You shall not undertake any expanded use of the image(s) without the prior approval of DOIO and the payment of any additional use fees required for such expanded use. You shall promptly notify DOIO of any expanded use of the image(s) for which you have not received prior approval, and shall pay to DOIO any additional Use License/Invoice fee required for such expanded use.

RESTRICTIONS AS TO USE

The following uses are prohibited:

Use of the image(s) beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an image unless indicated on the invoice.

Use of the image(s) in a manner that is defamatory, pornographic or obscene, whether directly in context or juxtaposition with specific subject matter.

Use of the image(s) in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any image(s) on any database without DOIO's prior written consent.

Copy or publish any of the images to a network or bulletin board, or otherwise distribute or allow any of the images to be distributed to or used by anyone other than the authorized users, without prior written consent from DOIO.

Sub-license, re-license, rent or lease any of the images.

Use of the images to promote a business that sells or licenses photographic images, or otherwise competes with DOIO in any manner.

Ship, transfer or export any of the images into any country or use any of the images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as indicated by DOIO. The user must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge.

RETENTION OF DIGITAL FILES

Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the image(s) from all electronic and removable media and destroy any other copy of the images, except as licensed under this agreement. DOIO's copyright information and image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS

Time is of essence in the performance by the user of its obligations for payments.

Payment of the invoice herein is to be upon receipt. Any claims for adjustment or rejection of terms must be made to DOIO within ten (10) days after receipt of invoice.

CANCELLATION POLICY

Once an image(s) has been ordered, transferred electronically via FTP or email there are no refunds or cancellations. You authorize DOIO to charge you for the selection of image(s) and accept the terms stated within this License Agreement upon ordering the image(s).

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnify DOIO, and the photographers, from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an image or any breach of this agreement.

GENERAL DISCLAIMERS

DOIO GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. DOIO IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY DOIO.

DIGITAL FILES ARE PROVIDED "AS IS." DOIO MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE(S), OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. DOIO MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL DOIO OR THE OWNER OF THE IMAGE(S) BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGE(S) ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE(S) AND DOIO SHALL BE THE FEE PAID FOR THE IMAGE(S) TO DOIO.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an image(s) other than for the usage indicated on our invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

DELIVERY OF IMAGES OTHER THAN DIGITAL FILES

RETURN PERIOD AND HOLDING FEES FOR IMAGES

Images other than digital files are to be returned within 2 months after date of invoice. The user agrees to pay, reasonable charges, the sum of $5.00 per week per image after such 2 month period to date of return. NOTE: THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned images shall be deemed to be lost and you will be billed for lost image fees in accordance with the liquidated damages provisions below. Payment of lost or damage fees does not entitle you to any rights whatsoever in the images, which must be returned to DOIO immediately if subsequently found. You will then be liable for holding fees rather than lost fees, whichever is less.

RESPONSIBILITY FOR ORIGINAL IMAGES

If original images are delivered to the user, the user is responsible for loss or damage to the images delivered to them, from time of receipt until their return to DOIO. Theu ser shall be responsible for safe delivery and return of images to DOIO and shall indemnify DOIO against any loss or damage to images in transit or while in the possession of the user. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to DOIO in the same condition as delivered. Projection of images is not permitted. The user assumes an insurer's liability herein for the safe and undamaged return of the images to DOIO. Such images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.

LIQUIDATED DAMAGES

The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. The user agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be fifteen hundred dollars ($1500.00) and the value of a duplicate transparency shall be one hundred ($100.00). DOIO agrees to the delivery of the goods herein only upon the express covenant and understanding by the user that the terms contained in this section are material to this agreement. The user assumes full liability for its employees, agents, assigns, messengers and freelance researchers for the loss, damage or misuse of the images.

MISCELLANEOUS

JURISDICTION

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Adelaide, South Australia pursuant to the rules of the Australian Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of South Australia. If the user of this contract is an agent for or an employee of a non-Australian company but operates in a place of business in Australia its states or territories, said user expressly agrees that any dispute regarding this contract shall be adjudicated within Australia in the manner described here.

Copyright claims shall be brought in the Federal Court having jurisdiction. The user agrees to be subject to the jurisdiction of the Federal Court in the District DOIO resides.

If DOIO is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by the user.

This agreement is not assignable or transferable on the part of the user.

In the event that any images are used by the user in publications, the user shall provide DOIO with two (2) free copies of such publication immediately upon printing.

This contract contains all the terms of the agreement between us (DOIO and the user) concerning transmission, delivery and review of images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice we may issue may contain additional terms relating to the rights granted and the type of usage allowed.  



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