|
|
Terms of Use
Note: 'Sensitive Subjects'
Welcome to TIPS Images. website (www.tipsimages.com) The following terms regulate your use of this site.
ATTENTION
Please read these terms and conditions ("Terms") entirely and
carefully before you use our website or download any product. By
using this website and by checking the box that stipulates
agreement to the following terms, you agree to be bound by the
terms and conditions of this agreement. These terms and conditions
for use constitute a legal agreement ("Agreement") between you and
TIPS Images If you do not accept them, do not use this website.
OWNERSHIP OF THE WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
This website is owned and operated by TIPS Images. All the
photographs and other material contained in it, including but not
limited to text, illustration, moving images, sound and software,
are owned by TIPS Images, its licensors and its Image providers.
All of this website, including, but not limited to, the general
design and the Content, is protected by copyright, trademark and by
the laws concerning intellectual property rights. Except as
specifically allowed under this or another agreement with TIPS
Images or one of its subsidiaries, no portion or element of this
website or its Content may be copied or retransmitted via any
means. This website, its Content and all related rights shall
remain the exclusive property of TIPS Images or its licensors,
unless otherwise explicitely agreed. You are bound to indemnify
TIPS Images, 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 the terms of this Agreement or
your unauthorized use of the Content and related rights.
PERMITTED USE OF THIS SITE
TIPS website contains images that show a visible watermark
("Watermarked Images"), Images that do not ("Non-Watermarked
Images") and High Resolution Scans. You are allowed to search for,
view and use TIPS Watermarked or Non-Watermarked Images only as
permitted below. If you have registered with TIPS Images, you will
be able to access Non-Watermarked Images, which shall be used only
as permitted below. Any copyright or other proprietary notices
contained in the Images, caption information, or any other material
contained in this site shall not be removed. TIPS Images reserves
the right to revoke your authorization to view, download and use
the Images and other information available on this site at any
time, and you agree to stop your such use on being notified in
writing by TIPS Images. TIPS Images reserves all rights not
specifically assigned under this Agreement. Furthermore, the use of
software to search TIPS Images site and/or retrieve Images or
information is not permitted.
TIPS Images reserves the right to immediately terminate all licenses issued to you without prior notification in the case that you fail to comply with any term of the present agreement. If a license is terminated, you are bound to immediately 1) stop using this site and the Images contained in it, 2) delete all Images and all their copies from any magnetic media and destroy all other copies, or return all such copies to TIPS Images on request. In using this site and any Images it contains you shall comply with all applicable laws. TIPS Images has the right to restrict or remove your access to its site at any time, or restrict or remove your use of any Image, for any reason, and to replace the Image with another Image, and you are bound to immediately stop using the Image on receiving notification from TIPS Images.
In spite of our best efforts to supply accurate information, this site may contain inaccuracies, technical or typographical errors, or other mistakes. In addition, this site and its Images may include Images of historical and cultural relevance, and text that may contain subjects that mirror the social attitudes and conditions of a particular time and place. You should realize that the results of your search may contain content that may seem not to suit its context or that may be potentially offensive. The responsibility to determine whether the consent of any third party or the license of any additional rights are needed for the use of any Image lies entirely with you, and you should not depend solely on the information furnished by TIPS Images. Should you be unsure about the necessity to apply for additional third-party rights for your use, you are responsible for seeking legal advice or professional consulting.
REGISTERING WITH TIPS IMAGES
To be able to access Non-Watermarked Images, you may register with
TIPS Images. You agree to give true and accurate information in
your registration. You also agree always to use the username and
password you choose to access Non-Watermarked Images on this
website. You are responsible for safeguarding the confidentiality
of your username and password. You agree that you shall not acquire
any rights of use, ownership or bailment as a result of using TIPS
Images website or related services.
USE OF WATERMARKED AND NON-WATERMARKED IMAGES
(size about 650x430 pixel)
On the condition that you comply with the present Agreement, TIPS
Images grants you a limited license to download Watermarked or Non-
Watermarked Images, solely for the purpose of evaluating whether
you wish to purchase a license to the corresponding High Resolution
Scan, according to the Terms and Conditions applicable to your use.
You may use the Watermarked and Non-Watermarked Image for a period
of up to thirty (30) days from the date of download in your
internal mock-ups and comps, in order to assess their desirability.
Watermarked and Non-Watermarked Images may not be used in your
final product, or in any materials distributed outside your
company. You may not alter the Watermarked and Non-Watermarked
Images in any way, including but not limited to removing the
watermark. You may not distribute, sublicense or make available for
use or distribution any Watermarked or Non-Watermarked Image.
USE OF HIGH RESOLUTION SCANS
(size about 5200x3500 pixel)
The use of High Resolution Scans is governed solely by the Standard
Terms and Conditions applicable to your use. Only Authorized Users,
on agreement with TIPS local agents, have access to High Resolution
Scans and are allowed to download them.
PUBLIC POSTING AREAS
TIPS Images does not endorse or guarantee the accuracy of any
posting, regardless of its origin. Each user is the sole person
responsible for the contents of any material posted in the
Photographer's Corner or any other forum or public posting area on
Our site. You agree not to post any abusive, defamatory, obscene,
threatening or illegal material, or any material that infringes on
the rights of others. TIPS Images reserves the right to delete,
edit or move any postings it may consider unacceptable or
inappropriate, for legal or other reasons.
E-MAIL
If you give us authorization to send you promotional materials, we
may do so sending this material either to the e-mail or to the
mailing addresses you provided us with when you registered. We may
periodically inform you about special promotions, new products, new
services etc. We do not share any information you give us,
including your e-mail and mail addresses, with any other company.
If you do not wish to receive this type of information, please do
not check the appropriate box when registering and we will not send
you information.
DISCLAIMERS
TIPS Images website and its content are provided "as is" and TIPS
Images excludes to the fullest extent allowed by the applicable law
any warranty, explicit or implicit, including, without limitation,
any implied warranties of merchantability, satisfactory quality or
suitability for a specific purpose. TIPS Images as well as its
licensors, directors, employees, content suppliers, affiliates or
other representatives shall not be liable for any damages of any
nature resulting from the use of its website or from inability to
use it, including but not limited to direct, indirect, incidental,
punitive and consequential damages. The functions embodied on, or
in the materials of, TIPS Images website are not warranted to be
uninterrupted or without error. The user, not TIPS Images, is
liable for the entire cost of all necessary servicing, repair or
correction resulting from the use of this website.
NO WAIVER/SEVERABILITY
No action of TIPS Images, except an express written Waiver or
Amendment, may be construed as as a waiver or amendment of the
Terms of the present Agreement. If any clause of the present
Agreement is found unenforceable, wherever possible this will not
affect any other clause and each will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The present Agreement is governed by the Laws of Italy and the
Milano main court, whose courts shall have exclusive jurisdiction
over any and all controversies and disputes relating to the present
Agreement.
This Agreement shall not be governed by the United Nations and
European Convention on contracts for the international sale of
goods or any similar convention or law, the application of which is
expressly excluded.