'You' and 'your' refer to the individual viewing the www.toonphoto.com website, as well as an individual downloading images from the website, and also to the recipient of licensed images and your representatives.
'We', 'us' and 'our' refer to Ann and Steve Toon, the creators of this website and all images on the website.
'Reproduction' means any form of publishing, display, or copying of the whole or part of any image supplied to you by us, including any image manipulated or altered by you in any way. Reproduction also means the downloading and storage of any image by any means, and the display of an image on any external website.
These terms and conditions serve as a non-transferable contract between you and us, Ann and Steve Toon Wildlife Photography. By downloading images or purchasing a licence for image use you are deemed to have accepted these terms and conditions in full. Any variation to these terms and conditions must be agreed in writing with us.
All images on this website are protected by copyright and may not be reproduced in any form, or downloaded without permission. The only exception to this is that we may agree on request that you may download low-resolution images, without payment, for use in composites or preview layouts. Such uses are subject to any other restrictions set out in these terms and conditions.
Reproduction rights may be purchased using our online download facility, or by arrangement with us by letter, email or telephone. Digital images can be delivered by CD or DVD, by ftp to your server, or by emailed hyperlink to files on our server. All images supplied are subject to these terms and conditions and our licence agreement.
Images we license to you may be used on a non-exclusive basis (unless otherwise agreed and specified in the licence) for the specific purposes agreed in the licence. The images and intellectual property on this web site are and will remain the exclusive property of Ann and Steve Toon. We do not grant any copyright, title or interest in any of the images, including any electronic reproduction or promotional rights, except as specifically described in the licence agreement. By purchasing an image licence from us you agree you will not make, authorise or permit any use of the image except as specified in the licence.
Images are licensed for your own use, or for the use of your direct employer, client, or customer. You may not sell, rent, loan, give, sub-license, or otherwise transfer our images or the right to use our image to anyone. You agree to take all reasonable steps to prevent third parties from reproducing or distributing images without our permission.
Unless otherwise specified in our license agreement, the use we grant to you of images is for one-time use in a single publication, project or web site at a specified size, and within a specified territory. Use of the image is strictly limited to the use, media, duration, placement, size, territory and any other restrictions specified in the licence agreement.
You may not use licensed images in any way that might be deemed defamatory, libellous, fraudulent, pornographic, obscene, or in any other illegal manner, including infringement of third party intellectual rights or privacy.
You must not use any of our images for the purpose of creating a derivative work without first receiving our approval to do so. A derivative work is defined as anything sourced from or referenced from our images. This includes the use of an image as an artist's reference.
You must not use any image or part of an image in the design of a logo or brand name.
Model and property releases exist on our images only where specified. You must satisfy yourself that all necessary rights, model releases, property releases, permissions or consents which may be required for reproduction are obtained. You agree to indemnify and hold Ann and Steve Toon harmless against all claims arising out of the use of any images where the existence of such release(s) has not been specified in writing by us. In any event, the limit of our liability shall be the sum paid to us per our license agreement for the uses of the particular images involved.
A copyright and credit line must be included with the reproduction of our images. For editorial use you agree to provide a credit line, adjacent to the image, in the form (copyright Ann and Steve Toon/www.toonphoto.com), in font size no smaller than that of related text. For non-editorial use you agree to provide copyright protection by placing proper copyright notice on any use.
You agree that a reasonable amount of damages payable by you to us if the copyright/credit line is omitted or incorrect is 50 per cent of the fee specified in the licence.
If our images are used by you in a print publication you agree to send to us on request, at your cost, a free sample ('tear sheet') of the relevant pages containing our images. In other media, alternative evidence of use must be provided to us if requested.
High resolution images can be downloaded upon payment of the appropriate licensing fee. Customers in good standing can request the alternative of receiving an invoice for their use of our high-resolution images. You agree to settle our invoice within 30 days of issue.
We reserve the right to terminate any licence agreement without payment of compensation, by giving written notice, in the event that you breach these terms and conditions or the terms of the licence agreement. In the event that we terminate a licence agreement you must immediately stop using our images and delete all images and all copies of them in your possession.
Images are provided 'as is' and 'as available', without warranty of any kind as to satisfactory quality or fitness for purpose. While we take great care in the accurate keywording and captioning of images, we do not warrant the accuracy of captioning and keywording or any other information supplied with the image. Should you notify us of a defective image we guarantee to replace it with a non-defective version of the image or refund your licence fee within 30 days.
In no event will we be liable for any damages arising out of or in connection with the use of or inability to use the images or the inability to obtain additional rights to the images.
We are not responsible for any content contained on any external web site linked to from our website, or any loss suffered by you in relation to your use of such web sites