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| Keewi Photography Licence Agreement This is a legal agreement between you or the company/organisation you represent ("you") and Keewi Photography and it's contributors ("Keewi"). Please read this agreement carefully before you download or use any image. By confirming the purchase of the image(s) or downloading the image(s) you have selected from this website you agree to be bound by the terms of this agreement and the image usage restrictions contained herein. Rights and restrictions
Unless it is indicated that an image has a model or property release, no such release exists. Keewi gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. You must not incorporate images into a logo, trade mark or service mark Keewi does not warrant the accuracy of the captioning, keywording or any other information associated with the image(s).
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Rights and restrictions
Keewi grants to you a non-exclusive and non-transferable right to reproduce the image(s) you have selected which are identified on the invoice on a worldwide and perpetual basis .
"Non-transferable" as used above, means that the work you produce using an image must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense or transfer the image(s), or the right to use them. You may not grant any third party the right to use or duplicate an Image. You agree to take all reasonable steps to prevent third parties from duplicating or distributing the Images. You may not post any image or images from this site on any electronic bulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 72dpi.
Unless it is indicated that an image has a model or property release, no such release exists. Keewi gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.
You must not incorporate images into a logo, trade mark or service mark
The image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the image(s) as a standalone file
The image(s) as stored by you must retain the copyright symbol, the name of Keewi, the image(s)? identification numbers and any other information as may be invisibly embedded in the electronic files containing the original image(s).
Keewi does not warrant the accuracy of the captioning, keywording or any other information associated with the image(s).
The image(s) shall not be used for pornographic, libellous, defamatory or any other improper or illegal purposes.
Copyright issues
No ownership or copyright in any image shall pass to you by the issue of the Licence. Unless otherwise agreed in writing, if any image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "(Photographer + Keewi)or Keewi", . If a credit line is omitted then an additional fee equal to thirty percent (30%) of the original amount invoiced attributable to the Image in question shall be payable by you.
Warranty and limitation of liability
If within a 30 day period from the date of delivery, any image is found to have a defect, keewi will either replace the image or refund the licencing fee.
Keewi makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Keewi nor its contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Keewi, its servants or agents or otherwise) which arises out of or in connection with this agreement, even if Keewi has been advised of the possibility of such damages, costs or losses. Keewi's maximum liability arising out of or in connection with your use of or inability to use the image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant image.
Payment
No reproduction of any image is authorised until payment in full has been received by Keewi. Any reproduction by you or on your behalf prior to payment being received by Keewi constitutes a breach of this agreement which entitles Keewi immediately to terminate this agreement and further constitutes an infringement of copyright.
Indemnity
You agree to indemnify and hold Keewi and its contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any image supplied to you by Keewi, on behalf of the contributor, or any other breach by you of any of your obligations under this agreement.
Release information
Keewi gives no representations or warranties whatsoever as to the existence of any releases associated with the Image(s).
Keewi gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any image.
You must satisfy yourself that all releases as may be required for reproduction of the image(s) have been secured. You are solely responsible for obtaining all such releases and the licence is conditional in each case on your obtaining them. If you are unsure as to whether any releases are needed for your image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by Keewi employees or representatives save as set out in this agreement.
Licence fee
Use of an image in a manner not specifically authorised under the terms set out in the invoice or otherwise in the agreement constitutes a breach of the agreement and an infringement of copyright.
Unless otherwise agreed by us in writing, all invoices are payable by you within 30 days.
Condition of images
You should make sure that you examine the image(s) for possible defects (whether digital or otherwise) before sending the image(s) for reproduction. Subject to clause 5.1, Keewi shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any image or its caption or in any way from its reproduction.
Miscellaneous terms
The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts. If Keewi is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify Keewi in respect of all reasonable legal fees and costs incurred by Keewi in relation thereto.