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Calm

Anguilla Photos
Digital Download Terms & Agreement

This Agreement governs the terms by which clients of Anguilla Beaches obtain the right to use the digital Photography of Anguilla Beaches through the web site located at www.Anguilla-Beaches.com (the “Site”). This Content License Agreement is in addition to the Terms of Use applicable to the Site and to all persons purchasing Photography from the Site. In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.

Background of Agreement

(a) By purchasing Photography from this Site, you accept this Agreement, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not purchase the Photography.

(b) In this Agreement: (i) “you” or the “Client” means you (the person purchasing the Photography, (ii) “Anguilla Beaches” or “we” means Anguilla Beaches, operator of the Site; and (iii) “Photography” means any photographic image that you are purchasing from the Site.

Downloading Terms

We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Photography for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Photography, including, without limitation, all copyright and other intellectual property rights relating to the Photography are retained by Anguilla Beaches.

Permitted Uses

You may only use the Photography for personal use. For clarity, you may not use the Photography in products for resale, license or any other distribution. For example, you cannot superficially modify the Photography, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale. You may not use the Photography for commercial purposes. For example, you cannot display it in advertisements online or physically.

Any use of the Photography that is not a Permitted Use shall constitute infringement of copyright.

If there is any doubt that a proposed use is a Permitted Use, contact Anguilla Beaches for guidance.

Standard License Prohibitions

(a) Prohibited Uses. The following are “Prohibited Uses” and you may not:

  • use the Photography in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
  • Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, broadcast and theatrical presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
  • online or electronic publications;
  • use or display the Photography on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites);
  • use the Photography in entertainment applications, such as books and book covers, magazines, newspapers, editorials and newsletters;
  • use the Photography in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
  • use any of the Photography as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • incorporate the Photography in any product that results in a re-distribution or re-use of the Photography (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Photography as an electronic file;
  • use the Photography in a fashion that is considered by Anguilla Beaches (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Photography into disrepute;
  • remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Photography;
  • sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Photography or the rights granted under this Agreement;
  • use or display the Photography in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
  • use Photography identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Photography means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
  • either individually or in combination with others, reproduce the Photography, or an element of the Photography, in which event you shall be required to pay a royalty fee of Anguilla Beaches reasonable discretion for each and every reproduction.
  • If the Photography is reproduced on a third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Photography contrary to the terms of this Agreement, and (ii) in such event, upon Anguilla Beaches’ request, you shall remove any Photography from such website.

Terms of Agreement

This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Photography, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photography for any purpose. The Agreement also terminates without notice from Anguilla Beaches if at any time you breach its terms. Upon termination, you must immediately (i) cease using the Photography and for any purpose; (ii) destroy or delete all copies and archives of the Photography or accompanying materials; and (iii) if requested, confirm to Anguilla Beaches in writing that you have complied with these requirements.

Anguilla Beaches Representations and Warranties

The Photography is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.

Contact

If you have concerns relating to this Agreement, please contact Anguilla Beaches at orders@anguilla-beaches.com

Acknowledgement

You acknowledge that you have read this agreement and understand it. In consideration of Anguilla Beaches agreeing to provide the Photography, you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and Anguilla Beaches, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Anguilla Beaches relating to the subject of this agreement.

Last date of revision of these terms of service: December 18th, 2020.

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