DAVE DERRY PICS
TERMS OF SERVICE ("TOS")
Effective 20 September 2008
All Images on the DDP website are protected by all international copyright laws and treaties. DDP own all rights, including the copyrights in and to the Images. DDP reserve all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to DDP for your use of the Images. If you fail to make any payment to DDP when due, or if any payment is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and DDP), you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and DDP's costs of collection, bank charges and credit card processing fees are received by DDP no later than fifteen (15) days from the date that your account became delinquent.
All images must carry a DDP copyright and credit. Where images from other sources are used in conjunction with DDP images the copyright and credit must appear in proximity to the DDP image used. In the event this is not a viable option then clear reference must be made indicating which image was sourced from DDP.
By this Agreement, DDP grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in RESTRICTIONS hereof:
a) Images can only be reproduced one hundred thousand times within the conditions stated below, unless stated otherwise.
b) As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
c) As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials, directories, e-books and digitally distributed editorials provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
d) On letterhead and business cards, pamphlets, brochures, catalogs and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than one hundred thousand 100,000 times in the aggregate;
e) In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed one hundred thousand (100,000) copies in the aggregate;
f) On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
g) As mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
h) In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from unsolicited email and no Image may be reproduced at a resolution greater than 800 x 600 pixels;
i) In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
j) As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
k) As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and further provided that the print or manufacturing run(s) of such posters does not exceed two hundred fifty thousand (250,000) copies in the aggregate.
In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by DDP, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
All other rights in the Images are expressly reserved by DDP.
RESTRICTIONS – YOU MAY NOT:
Use an Image other than as specified in the LIMITED LICENCE.
Except as expressly provided in LIMITED LICENCE hereof, directly or indirectly copy or reproduce any Image (in whole or in part). Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.
Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content.
Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person or car that appears in the image if such use implies that the person or car that appears in the image engages in any immoral or illegal activity.
Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
Use DDP Images in a manner that competes with DDP's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering DDP Images for sale, or including DDP Images in templates of any nature, including templates for websites, social networking websites (e.g., MySpace.com, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties.
Incorporated into software as a background image or splash screen
You may not create a digital or print greeting card line based on DDP Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. Promotional uses must comply, in all respects, with the restrictions set forth in these TOS. You may not sell or distribute items (e.g. mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you should contact Dave Derry by using the contact email on the contact page.
Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services.
Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder (DDP) of that Image
Represent yourself as an agent, employee, designee, or affiliate of DDP for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
Use automated programs, applets, bots or the like to access the DDP.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website.
DDP shall be under no obligation to refund your fee under any circumstances.
"Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any DDP Image(s) please notify us via email at firstname.lastname@example.org
You agree that you will not share your username and password combination. Your DDP username and password are to be used only by you. Each person that desires to access the DDP site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.
You agree to indemnify and hold DDP harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify DDP for all costs and expenses that DDP incurs in the event that you breach any of the terms of this or any other agreement with DDP.
DDP shall not be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the DDP website or any Image or Images.
The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please contact email@example.com
If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to DDP for any breaches of the terms of this agreement.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH DDP, DDP SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO DDP'S OTHER RIGHTS AT LAW AND/OR EQUITY. DDP SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
DDP DOES NOT WARRANT THAT THE IMAGE(S), DDP WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
DDP SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), DDP'S BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF DDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL DDP'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE DDP WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY DDP FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING DDP, DDP WILL PROMPTLY INFROM THE RELEVANT LAW ENFORCEMENT AGENCY.