Dubai The Image

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Image Library Terms and Conditions

Please read this agreement before accessing Dubai The Image. By using this site, you agree to be bound by our terms and conditions. If you do not agree to all these terms, do not use this website. 1. Definitions: i) "Client" refers to the commissioning party, its representatives, successors, assignees, agents and affiliates. ii) "Reproduction" includes any form of publication or copying of the whole or any part of any image whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artists' illustrations, layout or presentation, electronic or mechanical reproduction or storage by any other means. iii) "Image" includes any digital file or film format (transparencies, negatives) which may be offered for the purposes of reproduction. 2. Changes in Writing: no variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties. 3. Usage Rights Granted: all rights granted, unless otherwise agreed in writing, are for one time use only. Re-use of images must be re-licensed through Dubaitheimage.com. Unauthorized re-use of files will result in double the normal fees. Re-use without permission will be considered an infringement of copyright. The license will state the media use and the territories for the usage. Grant of photography reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Dubai The Image and placing of the required copyright notice on each use of Dubai The Image photography. All rights remain the exclusive property of the Owner or Dubai The Image. No copyright or other intellectual property right shall pass to the Client. Dubai The Image ensures its Clients adhere to our strict reproduction licenses and will fine, and begin legal proceedings against, offending Clients who disregard our terms and conditions. 4. Alterations: client will not make or permit any alterations, additions, or subtractions in respect of the imagery, including without limitation any digitalization or synthesizing of the imagery, alone or with any other material, by use of computer or other electronic means. It is understood that such alteration as stated above is considered an additional use. This use requires the payment of additional fees, which must be negotiated beforehand with Dubai The Image. 5. Assignment, Sublicense and Transfer: any rights granted to Client under this agreement are licensed exclusively to Client and cannot be assigned, sublicensed or transferred to any third party, including foreign editions and reprints. 6. Model/Property Releases: no model or property releases exist for the Images available on Dubaitheimage.com unless specifically acknowledged in writing by Dubai The Image. Dubai The Image is not responsible for obtaining model, property, or other releases in connection with any of the imagery licensed unless specifically stated herein. Client shall indemnify and hold Dubai The Image harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which: (a) No written release was furnished to the Client by Dubai The Image. (b) The use of any Image exceeds the scope of the release provided by Dubai The Image to the Client. Client will also indemnify and hold Dubai The Image 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 Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Dubai The Image 's liability for all claims shall not, in any event exceed, the total amount invoiced for that use of the offending Image. Dubai The Image makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images. 7. Payment: full payment must be made to Dubai The Image within thirty (30) days of invoice date. Payment should be made by wire transfer or cheque. Dubai The Image 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 Client. A fee of 5% of the outstanding amount, compounded monthly, will be added to the total due for any late payment. Your right to use the Image is contingent upon payment in full, and any failure to pay will be considered a breach of this agreement. All payments via credit card incur a charge of 3% of the invoice total. 8. Default: in the event of non-payment, unlicensed re-use of Image, or other breach of this Agreement by Client, Client shall pay all of Dubai The Image 's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Dubai The Image 's legal fees. 9. Destruction of Image after use: client agrees to destroy all digital photography files e-mailed from Dubai The Image within one week after reproduction. Dubai The Image photography may not be stored or archived by Client. 10. Infringement: in the event that it is discovered that Image has been used in an infringing manner (for the avoidance of doubt including, but not limited to, unlicensed re-use of an Image and use of Image in a way which breaches copyright), you will be notified and invoiced the industry-standard double-fee for unauthorized usage and/or prosecuted for Copyright Infringement in UAE law where you will be subject to statutory damages as well as all court costs and solicitor's fees. 11: Dubai The Image Trademarks: the Dubai The Image logo, and any other product or service name or slogan contained in the Site are trademarks of Dubai The Image and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dubai The Image or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing �Dubai The Image� or any other name, trademark or product or service name of arabianEye without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dubai The Image and may not be copied, imitated or used, in whole or in part, without our prior written permission. 12: Links: you may not use an Dubai The Image logo or other proprietary graphic of Dubai The Image to link to this Site without the express written permission of Dubai The Image. 13: Cancellation after signed LPO: for RF images the full price will be payable; for RM images, 25% of the total cost of bill is payable. In special circumstances, you can apply for a credit note towards your next purchase. 14: Dubai The Image Site and Blog: you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following: any content which is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. 15: Registration Data and Account Security: in consideration of your use of the Site, you agree to: (a) Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) Maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) Maintain the security of your password and identification; (d) Notify Dubai The Image immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; (f) Accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. 16. Copies of published material and grant of license for advertising: client shall provide free of charge to Dubai The Image, two copies of relevant pages containing any published Image. Credit Lines: For all editorial rights-managed photography, the photographer should be credited underneath their image: �photographer's name/arabianEye.com. 17. No Partnership: it is understood and agreed that nothing in this Agreement creates a partnership or joint venture relationship between the parties hereto. 18. Indemnification: you hereby agree to indemnify, defend and hold Dubai The Image, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including reasonable legal fees and costs, incurred by the Indemnified Parties in connection with any claim arising out a breach of this Agreement or the foregoing representations, warranties and covenants or your use of the Dubai The Image website or any Image available from Dubai The Image. Dubai The Image reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dubai The Image. 19: Disclaimer: this site and the Dubai The Image content are provided "as is" and Dubai The Image and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Dubai The Image will not be liable for any damages of any kind arising from the use of this site or Dubai The Image content, or the unavailability of the same, 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 Dubai The Image, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the Dubai The Image content. We make no warranty that the site or Dubai The Image content is free from infection by viruses or anything else that has contaminating or destructive properties. Dubai The Image uses reasonable efforts to ensure the accuracy, correctness and reliability of the Dubai The Image Content, but we make no representations or warranties as to the Dubai The Image Content's accuracy, correctness or reliability. 20. Limitation of Liability: in no event shall Dubai The Image, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the Dubai The Image content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Dubai The Image, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Dubai The Image ' records, programs or services. in no event shall the aggregate liability of Dubai The Image, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to Dubai The Image for access to or use of the site. 21. Termination: Dubai The Image reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. 22. Changes to Site Terms: Dubai The Image reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the �last updated� date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites. 23. Governing Law and Jurisdiction: this agreement shall be governed by and be construed and interpreted and take effect in accordance with the laws in force in the Emirate of Dubai. In the event of dispute, these terms shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai, UAE.