PHOTOLOSOPHY TERMS AND CONDITIONS
DEFINITIONS
Buyer henceforth shall be known as "Buyer".
Photolosophy henceforth shall be known as "Photolosophy".
http://www.photolosophy.ae/ heceforth shall be known as "site".
Welcome to our website. These Terms and Conditions constitute a legal agreement between you and Photolosophy. Your use of this site constitutes your acceptance of these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use this site. Photolosophy may begin legal proceedings against any Buyer or Photographer that does not abide by our Terms and Conditions.
Photolosophy may revise and update these Terms and Conditions at its own discretion. You are advised to review the Terms and Conditions uploaded on this site regularly. Your continued access or use of this site, after any such changes are uploaded, will constitute your acceptance of these changes.
OWNERSHIP OF THIS SITE AND CONTENTS
This website is owned and operated by Photolosophy.
All content featured or displayed on this site, including, but not limited to, text, graphics, moving images, illustrations and software, is owned by Photolosophy. All elements of this site, including, but not limited to, the general design and the content, are protected by copyright. Except as explicitly permitted under this or another written agreement with Photolosophy, no portion or element of this site or its content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Photolosophy. You shall indemnify Photolosophy against any losses, expenses, costs or damages incurred by them as a result of your breach of these Terms and Conditions or your unauthorized use of the content, site or logo.
Use of this Site
You may not interfere with the security of, or otherwise abuse this site or any system resources, services or networks connected to or accessible through this site. You may only use this site for lawful purposes. Any use of the content, this site or any of its functionality for a purpose not permitted by these Terms and Conditions is grounds for the immediate suspension of any accounts and revocation of any usernames, passwords or other permissions that may have been granted by Photolosophy for use of this site.
Usage Rights Granted
The royalty-free purchased photo must be credited as follows: ©[insert photographer's name] everytime it is used. All rights remain the exclusive property of the photographer. The photographer reserves the right to display or sell his/her photos anywhere. No copyright or other intellectual property rights shall pass to the Buyer.*
In uploading photos to the site, the photographer agrees to grant Photolosophy permission to publish any of his/her photos for promotional purposes - this includes but is not limited to the use of the his/her photos in exhibitions, promotional items, giveaways, press coverage - under the condition that the photographer is credited accordingly.
Grant of photography reproduction rights hereunder is conditioned upon Buyer's acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photolosophy and placing of the above-mentioned required copyright notice on each use of Photolosophy photos.
Pornographic, defamatory, or otherwise unlawful use of the photo is prohibited. The Buyer agrees to indemnify and hold Photolosophy harmless against any damages or liability of any kind arising from any use of the photo other than the uses specifically permitted by these Terms and Conditions.
*Except in the case where the Buyer purchases the exclusive rights of the photo. In this case, the photographer will be contacted to seek their permission. The photographer will then be asked to sign an agreement to no longer sell their photo. Their photo will then be removed from the sale section of our website.
Model Releases
No model releases exist for the photos available on this site unless specifically acknowledged in writing by Photolosophy. Photolosophy is not responsible for obtaining model, property, or other releases in connection with any of the photos unless specifically stated herein. The Buyer shall indemnify and hold Photolosophy harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any photo for which:
(a) no written model release was furnished by the buyer to Photolosophy.
(b) the use of any photo exceeds the scope of the release provided by Photolosophy to the buyer.
The Buyer will also indemnify and hold Photolosophy harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the photos, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Photolosophy's liability for all claims shall not, in any event exceed, the total amount invoiced for that use of the offending photo. Photolosophy makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any photo or the accuracy of captions accompanying any photos.
Disclaimers
PHOTOLOSOPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PHOTOLOSOPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
Accuracy and Reliability of This Site
Photolosophy uses reasonable efforts to ensure the accuracy and reliability of the content, but makes no representations or warranties as to the content's accuracy or reliability.
Links on This Site
There may be links to other websites from this site. However, these other websites are not controlled by Photolosophy and Photolosophy is not responsible for any content contained on any such websites or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against Photolosophy regarding the inclusion of links to outside websites or your use of those websites.
Our Services
Photolosophy does not guarantee that photographers' photos will be sold on our website. Photolosophy reserves the right to refuse any photos without justification. Approval of uploaded photos is under the sole discretion of Photolosophy.
Royalties and Rights
The photos sold on Photolosophy are Royalty Free.
Photolosophy's Definition of ROYALTY FREE:
- The buyer will not have to pay royalties to photographers on a use-by-use basis.
- The buyer will not know who else is using the photo.
- The buyer should check that the photo has the appropriate releases before using the photo where a release is required.
Pricing
Setting and altering of prices is under the sole discretion of Photolosophy. Photolosophy reserves the right to change photo prices on the site without prior notice.
No Waiver, Severability
No action of Photolosophy, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions. If any clause in these Terms and Conditions is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions and the Content displayed on this Site. These Terms set out the entire agreement between Photolosophy and you relating to your use of this Site.
Payment
Photolosophy will not bear banking fees should they be incurred during transfer. Any such banking fee will be added to the total payable amount due from the buyer. Your right to use the photo is contingent upon payment in full and any failure to pay will be considered a breach of these Terms and Conditions.
In the event of non-payment, unauthorized use of photo, or other breach of these Terms and Conditions by the Buyer, the Buyer shall pay all of Photolosophy's costs and expenses incurred in connection with enforcement of these Terms and Conditions, including Photolosophy's legal fees.
The Buyer may not sell, rent, loan or give the photo to any other party for commercial gain. The Buyer agrees to take all commercially reasonable steps to prevent third parties from duplicating or distributing the photos.
Neither Photolosophy nor any of its founders, employees, partners, licensors or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the photo, even if Photolosophy has been advised of the possibility of such damages. In no event shall Photolosophy's liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the photo or inability to use the photo exceed the fees paid by you for the photo.
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