Licensing Agreement
By downloading any photograph from this website, placing an order or
purchasing my photographs, YOU AGREE as follows:
-
Mikhail Blikshteyn
("He")
owns all the rights to all photographs taken by him, and these
rights are legally protected worldwide for a very long time. He
licenses the use of his photographs to you only as set out below.
FREE LICENSE
a.
Photographs may be downloaded FREE OF CHARGE directly from this
website (as low-resolution images) to be used on your PC for
PERSONAL, NON-COMMERCIAL, TEST or SAMPLE use, including comps or
layouts, on a NON-EXCLUSIVE basis.
b. You
may not, however, copy, distribute or share the photograph(s) in
any way, except that you may make a single copy for backup
purposes only.
BASIC
LICENSE
a. If you order (and pay for) any photograph(s) from Mikhail Blikshteyn, you will receive higher resolution
digital images, slides, negatives, or prints, as agreed, and you
have a NON-EXCLUSIVE LICENSE to use it/ them ANYWHERE, ANYTIME and
in ANY MEDIUM as a part of:
1. ADVERTISING and PROMOTIONAL MATERIALS
(including packaging, presentations and brochures);
2. ONLINE or other ELECTRONIC DISTRIBUTION
SYSTEMS (including web pages and multimedia designs) and
BROADCASTS;
3. ANY PRODUCTS (including products for
sale) or PUBLICATIONS (electronic or print); and
4. materials for PERSONAL, NON-COMMERCIAL
use and TEST or SAMPLE use, including comps and layouts.
b. Rights to the photograph(s) may not be sublicensed or
resold, and detached or separate photographs may not be made
available for use or distribution. For example, the photograph may
be used as an integral part of a web page design or product, but
may not be made available for downloading separately or in a
format designed or intended for permanent storage or re-use.
c. Clients may be provided with copies of the photograph as
an integral part of work product, but may not be provided with the
photograph on its own or be permitted to use the photograph
separately.
d. This license may be transferred to another person only if you
transfer the photograph without keeping or storing any copy and
the person to whom it is transferred agrees to all these terms.
RESTRICTIONS
ON ALL USES of Mikhail Blikshteyn's photographs:
a. "Copyright © 2003 Mikhail Blikshteyn" must appear
adjacent to the photographs or in an obvious credits page or
screen, unless a similar agreement is made in advance.
b. Use of the photograph(s) must always be in compliance
with all applicable laws and any defamatory, pornographic,
insulting or otherwise inappropriate or unlawful use is strictly
prohibited.
c. Photographs may not ever be in a downloadable or FTP
format.
d. Rights to use the photograph(s) cannot and may not be
sub-licensed, sold or resold.
e. No photograph may be manipulated, morphed or in any other
way materially altered without Mikhail Blikshteyn's prior
explicit consent.
f. Mikhail Blikshteyn reserves the right to discontinue the
use of any photograph(s) by any person for any reason and to elect
to replace the photograph with an alternate photograph, at his
sole discretion. If use is discontinued, the relevant photograph(s)
in your possession must be destroyed or returned to Mikhail
Blikshteyn.
TERMINATION
AND RETURNS
a. Any right to use Mikhail Blikshteyn's photographs will
terminate automatically without notice from Mikhail Blikshteyn if
you fail to comply with any provision of this agreement. On
termination, you must immediately delete and/or destroy all the
photograph(s) including copies, in any medium, in your possession
or control.
b. If you mistakenly order the incorrect photograph or are
unsatisfied with it for any reason (other than for a defect in
material or workmanship) you may return the photograph to Mikhail
Blikshteyn within 7 days, and he will refund or issue a credit
towards the use of another photograph in future, dependent upon
customer's preference.
WARRANTY and
(VERY IMPORTANT) EXCLUSION OF LIABILITY
a. Mikhail Blikshteyn warrants the digital copy of the
photograph in the form downloaded by you to be free from defects
in material and workmanship for 30 days. The sole and exclusive
remedy for a breach of this warranty is the replacement of copy of
the photograph or refund of the order price, at Mikhail
Blikshteyn's option. Mikhail Blikshteyn MAKES NO OTHER WARRANTY,
express or implied, including, without limitation, any implied
warranties of merchantability or fitness for a particular purpose.
b. Mikhail Blikshteyn WILL NOT BE LIABLE to you or any other
person for any general, special, direct, indirect, consequential,
incidental or any other damages arising directly or indirectly out
of this agreement or use of a photograph.
ADDITIONAL
RIGHTS OR LICENSES
If you wish to use the photograph in a manner not permitted by
this agreement (for example you want an exclusive license), please
contact Mikhail Blikshteyn.
IF YOU DO
NOT AGREE unconditionally to all of these terms, DO NOT
download any photographs and DO NOT place any orders because YOU
ARE NOT AUTHORIZED TO DO SO!
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