THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOTOCATCH PHOTOGRAPHY ("FOTOCATCH PHOTOGRAPHY" OR "WE" OR "OUR"). BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT ("AGREEMENT"). PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE CONTINUING TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USE OF THIS SITE.
ownership of this website:
This website is owned and operated by FotoCatch Photography. All of the content featured or displayed on this website, including but not limited to, text, graphics, photographs, images, illustrations, and software, is owned by FotoCatch Photography, its licensors, and its image providers.
All elements of the FotoCatch Photography website, including, but not limited to, the general design and content, are protected by trade dress, copyright, moral rights, service mark, trademark, and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with FotoCatch Photography, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content, and all related rights shall remain the exclusive property of FotoCatch Photography or its licensors unless otherwise expressly agreed. You shall indemnify FotoCatch Photography, its subsidiaries, its affiliates, and licensors against any losses, expenses, costs, or damages incurred by any or all of them as a result of your breach of the terms of the Agreement and your unauthorized use of the content and related rights.
permitted usage of comp content:
Picturesque grants you the personal, nontransferable, and nonexclusive right to copy the images you have selected onto your computer hard drive and to use them and any derivative works or copies, on one computer and with one user at a time for no longer than sixty (60) days. The image may only be copied, modified, and incorporated in materials for in-house layouts to be used as in-house presentations, storyboards, or rough draft designs for yourself or your clients and not for use in final projects or use on a corporate intranet or internet. Our content may not be used as an example for another artist, film or video producer, or illustrator to recreate in substantially the same manner.
permitted usage of licensed content:
FotoCatch Photography grants you the nonexclusive right to use the images according to the rights selected and indicated on the FotoCatch Photography online licensing process. The image may be licensed by only one company or individual and may not be resold, or transferred, to any other company or individual.
Unless otherwise agreed upon, use of any image is strictly limited to one year from the date of invoice.
In order to obtain exclusive rights or industry exclusive rights, you must contact an Account Executive at FotoCatch Photography.
restrictions as to use and storage of images:
Use of the image beyond the terms of the limited license agreement without first obtaining an additional license is strictly prohibited.
Creation of any derivative use of an image unless indicated on the license agreement is strictly prohibited.
Use of the image in a manner that is defamatory, pornographic, or obscene, whether directly or in context or juxtaposition with specific subject matter is strictly prohibited.
Use of the image 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 is strictly prohibited.
You may not archive, republish, or transmit images on any database without FotoCatch Photography's prior written permission.
You may not 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 permission from FotoCatch Photography.
You may not 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 FotoCatch Photography in any manner is strictly prohibited.
You may not 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.
copyright of content:
The digital content files on our website, or media, are copyrighted and protected by the intellectual property laws of the Hong Kong Special Administrative Region of the People's Republic of China. The usage rights for any final production must be purchased and payment received prior to publication. The use of content is licensed, not sold, and the content remains the sole and exclusive property of FotoCatch Photography or the copyright holder. You shall not acquire any right, title, or interest to any image, except as expressly granted in writing. Use of any content, other than for comp purposes, prior to obtaining usage rights and payment is received, is a copyright violation.
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 images from all electronic and removable media and destroy any other copy of the images, except as licensed under this Agreement. FotoCatch Photography copyright information and image identification number must remain with the digital files as long as you retain them.
indemnification:
You agree to indemnify and hold FotoCatch Photography, the owner of the image, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees and expert fees, arising from the use of an image or any breach of this Agreement.
releases:
No model releases, property releases, or other releases exist on any images, unless, the existence of such release is specified in writing by FotoCatch Photography. FotoCatch Photography disclaims all warranties concerning the validity of all releases. If FotoCatch Photography erroneously asserts the existence, scope of, or validity of a release, Picturesque's liability is limited to the usage fee paid for the applicable image.
credit:
Images used editorially should bear a credit line as indicated by FotoCatch Photography ("photographer name" / FotoCatch Photography).
retroactive license:
Should you utilize an image other than for the usage indicated on the license agreement, FotoCatch Photography agrees to forego our right to file suit against you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license up 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 make such timely 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 shall seek all damages and remedies available, including attorney's fees, expert fees, and all associated costs.
condition of images:
You agree to carefully examine each image or scan for physical defects before use or reproduction. Neither FotoCatch Photography nor its affiliates shall be liable for any loss or damage to you or any third party arising from any physical defect in any image, caption, or scan in connection with use or reproduction.
payment:
Payment is due upon receipt of invoice. Payments later than thirty (30) days from receipt are subject to late fees of the lesser of 2% percent per month or the maximum legal rate.
corporate account terms and conditions:
Check Payments - Mail all checks, referencing your Invoice number, Login Name, Full name and/or Company name on backside, to:
Accounting Dept.
FotoCatch Photography
2912 Shell Tower Time Square,
1 Matheson Street, Causeway Bay,
HONG KONG
Account Status - FotoCatch Photography reserves the right at anytime to discontinue and/or revoke billable account status.
Account Information - You must supply us with current phone numbers and addresses for our records in order to maintain billable account status.
Invoices - Failure to receive an invoice is not sufficient reason for nonpayment.
Purchase Orders - Lack of purchase order is not sufficient reason for nonpayment.
Account Closure - Inactivation of the account is required upon departure of an employee. Failure to do so may result in unauthorized access to your account, for which you will be held responsible for payment pursuant to the FotoCatch Photography Terms and Conditions of Use.
Refund Policy - Should you decide not to use a licensed item, you may cancel your order and incur no charges if you notify FotoCatch Photography within the first ten (10) days after agreeing to a license and a license fee. If you cancel your order after ten (10) days, you will incur a cancellation fee as follows:
1-10 days after license purchase date: No cancellation fee.
11-30 days after license purchase date: 50% of license fee or $100, whichever is greater.
30 or more days after license purchase date: No refunds will be granted.
disclaimers:
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." FOTOCATCH PHOTOGRAPHY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF IMAGE, COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM, OR SOFTWARE PROGRAM. NEITHER FOTOCATCH PHOTOGRAPHY NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, AND PUNITIVE DAMAGES. FOTOCATCH PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE WITHOUT ERROR, OR THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED. YOU, NOT PICTURESQUE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
There may be links to other websites from the FotoCatch Photography website; however, these other websites are not controlled by FotoCatch Photography. We are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against FotoCatch Photography regarding the inclusion of links to outside websites or your use of those websites.
limitation of liability:
UNDER NO CIRCUMSTANCES WILL FOTOCATCH PHOTOGRAPHY, THE COPYRIGHT HOLDER, OR THE OWNER OF THE IMAGES 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 IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND FOTOCATCH PHOTOGRAPHY SHALL BE THE FEE PAID FOR THE IMAGE.
governing law and venue:
This Agreement shall be interpreted, construed, and governed by the laws of the Hong Kong Special Administrative Region of People's Republic of China. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the Hong Kong Special Administrative Region of People's Republic of China. Notwithstanding the foregoing, however, FotoCatch Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-HKSAR court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of FotoCatch Photography, such action is necessary or desirable.
no waiver, severability:
No action of FotoCatch Photography, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found 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 of Use, prices, information, and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between FotoCatch Photography and you relating to your use of this website.
miscellaneous:
This Agreement is not assignable or transferable.
This Agreement contains all the terms of the agreement between FotoCatch Photography and you concerning transmission, delivery and review of images, and no terms or conditions may be added or deleted unless made in writing and signed by both parties. These terms and the terms of any subsequent license agreement supersede any and all terms of your purchase order. Any subsequent license agreement issued to you may contain additional terms relating to the rights granted and the type of usage allowed.
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