Terms & Conditions
Company terms and conditions of use of sites and licensing images from:
Real World Photographs Inc.
912 Lawson Avenue.
Kelowna, British Columbia, Canada.
1 778 834 5686
Welcome to our family of websites. These terms and conditions of use (“Terms”) constitute a legal agreement between you and a subsidiary of Real World Photographs Inc (“RWP”). Your use of this Site constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site.
Ownership of These Websites and Its Contents
This Site is owned and operated by RWP. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software (“Content”), is owned by RWP, its licensors or its third-party image partners.
All elements of RWP, including, but not limited to, the general design and the Content, are protected, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with RWP, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of RWP, its licensors or its party image partners. You shall indemnify RWP, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or Site
Use of the Site
This Site and its Content are intended for customers of RWP. You may not use this Site or the Content for any purpose not related to your business with RWP. Any use of the Content, thus Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, pass codes or other permissions that may have been granted by RWP for use of this Site.
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND RWP 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 LIMITAION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. RWP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, 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 RWP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
RWP uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. Images of people or places displayed on the Site are either the property of, or used with permission by, RWP or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separated license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications’ regulations and statutes.
There may be links to other websites from this Site; however, these other websites are not controlled by RWP and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against RWP regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than RWP provide services from this Site. For example, you may obtain information regarding certain photographer’s services through RWP Assignments. RWP does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement, does not assume any liability for the actions, product, services or content of these parties.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the Province of British Columbia, Canada without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Supreme Court of British Columbia. Users of this Site agree that any and all disputes arising from the use of this Site, or the ordering of materials from this Site, shall be settled by binding arbitration. Notwithstanding the foregoing, however, RWP shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of RWP, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
No Waiver, Severability
No action of RWP, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms; the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice. These Terms set out the entire agreement between RWP and you relating to your use of this Site.
The Sites of RWPs’ third-party content providers may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This Site is operated by RWP in Canada. By using this Site, you understand and agree that (1) the information colleted from this Site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction; (2) RWP may use this information for a variety of purposes including direct marketing (unless you opt out of receiving direct marketing from RWP; (3) RWP may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of RWP, and for which RWP assumes no responsibility; (4) information about our customers, including personal information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the unlikely event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company; and (5) we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
THE TERMS AND CONDITIONS FORM A BINDING LEGAL AGREEMENT BETWEEN THE AUTHORISED LICENSEE (“YOU”) AND RWP IMAGE LIBRARY. READ THIS AGREEMENT CAREFULLY.
(a) IMAGES includes a photograph, transparency, digital file or stock video footage or any other item which may be offered for the purposes of reproduction; and
(b) REPRODUCTION includes any form of publication or copying of the whole or part of any image, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction, transmission or storage by any other means.
1. Licensing structure and permitted usage
Subject to the Terms of the Agreement RWP grants to you a personal, non-exclusive, non-transferable, right to use a photograph, photographs or stock video footage for: Port-au-Prince Cathedral. 5 seconds & Port-au-Prince long shot of city: License fees for all media, worldwide in perpetuity for the selected use and subject to payment of the calculated fee of $500.00 or $50.00 a second.
The right to use the image(s) will only be granted for the use specified and for no other purpose. Any rights not granted are specifically reserved for RWP’s use and future disposition without any limitations whatsoever. You do not acquire any right, title or interest in or to the image(s) except as specified. Derivative work rights, as detailed in paragraph 12, are not granted unless specified. The rights granted are subject to due payment in full of the fee specified in accordance with the Terms of the Agreement and no rights are otherwise granted by your possession of the image(s) or this agreement. You agree to pay the specified, and any other fees or charges payable to RWP, in advance of your use of the image(s). Unless otherwise specified all fees are exclusive of VAT, PST and GST, which you must also pay to RWP.
Additional rights may be available subject to payment of an additional fee. If you are unsure of your rights under the agreement, or if you wish to use the image(s) in a manner not specified, please contact us at RWP.
Use of the image(s) other than in accordance with the Terms of the agreement constitutes copyright infringement and breach of contract and may result in appropriate legal action.
2. Copyright & Credit Line
The image(s) is/are protected by copyright. All rights to the image(s) are owned by the photographers and camera operators and licensed to RWP.
Where customary, or required by law, a copyright and credit line must be included with the reproduction of the image(s) in the following format: RWP. Since it is difficult to quantify the loss or damage incurred due to an incorrect or missing credit, you agree that a reasonable amount of liquidated damages payable by you to RWP if the credit is missing or incorrect is 50% of the fee specified.
3. Unauthorized use
RWP will calculate the fee by relying in good faith on the information provided by you for the use specified. Since it is difficult to quantify the loss or damage incurred if you use the image(s) other than in accordance with the Agreement, including but not limited to the number of uses, the publication utilized, or the size of reproduction, RWP shall have the option to forego its right to sue for copyright infringement and breach of contract if you pay, as liquidated damages, as sum equal to three (3) times the normal fee which RWP would have charged for such use. If you fail to make such payment RWP shall have the right to sue for copyright infringement and breach of contract.
4. Statement of use
If the image(s) is used in a print publication you agree to send, at your cost, to the RWP two (2) free tear sheets containing a reproduction of the photograph(s) within (thirty) 30days of publication. In other media alternative evidence of use must be provided if requested. Failure to supply tear sheets or such alternative evidence shall be considered to be a material breach of the Agreement.
5. Term of license
The term of the Agreement is for a period of twelve (12) months from the date of initiation unless otherwise specified. The Agreement will terminate automatically without notice from RWP once the permitted use has been completed or if you fail to pay the applicable fees or fail to comply with any other provision of the Agreement or if you are declared bankrupt, insolvent or if a resolution, petition or order or winding-up is made against you or any representation made by you proves to be false. Upon termination, you must immediately (i) stop using the image(s) and (ii) delete the photograph(s) and all copies of it from all electronic and/or magnetic media and destroy all other copies of the image(s) within your possession or control, or upon request of RWP, return all such copies to RWP.
“Non-transferable,” as used in paragraph 1, means that the work you produce using the image(s) must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to use the image(s) (except insofar as it has been incorporated by you into the permitted use specified by you, and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing or distributing the image(s), including affixing the credit line as detailed in paragraph 2 and implementing appropriate security protection and compliance procedures.
7. Storing the image(s)
The image(s) may not be reproduced or stored by computer or transmitted by a computer network other than is immediately necessary for the permitted use specified. Where the image(s) is/are provided on CD by RWP may not:
a. Copy or reproduce the CD, the image(s) it contains, or the materials that accompany it, except as specified in the Agreement:
b. Remove any copyright or trademark material or notice from any place where it appears on the CD, or its accompanying materials; or
c. Reverse engineer, decompile, or disassemble any part of the CD, its software or any part of it, subject to applicable law.
You agree that you will not use or permit the use of the image(s) to infringe any copyright, trademark rights or any other intellectual property rights, moral rights or similar rights, to defame any person or violate any person's, right of privacy or publicity, for any obscene, indecent or blasphemous purpose, or in any other way which is illegal or unlawful. You agree not to use or permit the use of the image(s) as a trade or service mark, or claim any proprietary rights of any sort in the image(s) or any part. You agree to indemnify and hold RWP harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of the images(s) other than in accordance with the terms of the Agreement.
RWP provides its on-line image system, the photograph(s), the accompanying data (including captions) and any media on which the image(s) (the “Materials”) are supplied “as is” and on an “is available” basis without any representation or endorsement and without warranty of any kind whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. RWP does not warrant that use of the Materials will be uninterrupted, error free or free of viruses or bugs or has defect will be corrected, or give any warranty otherwise as to their functionality, accuracy, or reliability.
10. Limitations of liability
In no event will RWP be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other action, arising out of or in connection with the Agreement including without limitation (a) the use of or inability to use the image(s) or (b) the inability to obtain additional rights to the image(s) (including making additional copies), even if RWP has been advised of the possibility of such damages. In any event, the limit of liability of RWP, the copyright owner of the image(s) and their representative shall be the fee paid for the image(s) to RWP.
11. Interpretation and Governing Law
The Agreement contains the entire agreement and understanding between the parties relating to the image(s). If any provision of the Agreement should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Agreement is intended to be effective, then to the extent and within the jurisdiction which that provision is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. The Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Disputes arising under the Agreement shall be exclusively subject to the jurisdiction of the courts of British Columbia, Canada.
12. Derivative work
If you intend to create or have created any derivative work, you must contact RWP to purchase reproduction rights. A derivative work is anything sourced from or referenced from the image(s). If you manipulate, clone, copy, trace, or include the photograph(s) or any part in a montage or use the photograph(s) as the basis for an artist's reference, or change the image(s) in any other way you create a derivative work. Such derivative work may be used only as permitted in accordance with the Agreement, and you hereby assign any and all copyright in respect of such derivative work to RWP. If requested by RWP, you agree to execute such further documents or perform such acts as RWP may request to give affect to such assignment and you agree that RWP may execute such documents or perform such acts as your agent if you fail to do so within fourteen (14 ) days of a request to do so.