NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DESIGN PICS, doing business as The Irish Image Collection, (hereafter “COMPANY”). BY CLICKING THE “I ACCEPT” BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. COMPANY reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE
This website is owned and operated by COMPANY. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other Canadian and international laws or treaties relating to intellectual property.

PERMITTED USAGE
Comp Use: COMPANY grants you a personal, nontransferable, nonexclusive license to copy the Images you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the “Image(s)”) on one computer and with one user at a time only in the United States. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to COMPANY. You must contact COMPANY (http://www.theirishimagecollection.com) to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User’s right to use same is paid in full. Company represents that it has the right to grant the license herein.

COMPANY grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the COMPANY on-line licensing process.

RESTRICTIONS AS TO USE
The following uses are prohibited:

Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Sublicense, re-license, rent or lease any of the Images.
Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from COMPANY.

To post an image or incorporate an image on a web site with a resolution higher than 72 DPI, or to create a link to the image at a higher resolution than 72 DPI.

Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.

Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with COMPANY in any manner.

CREDIT
Images used editorially should bear a credit line as follows:  “©Photographer Name/The Irish Image Collection”.

TERMINATION
COMPANY reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. COMPANY reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.

RETENTION OF DIGITAL FILES
Digital files may be retained for sixty (60) * days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. COMPANY’s copyright information and Image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS
Time is of the essence in the performance by User of its obligations for payments.

Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to COMPANY within ten (10) days after receipt of invoice.

CANCELLATION POLICY
In the event that you or your employer decides not to use the image following the license and payment for its use, the following cancellation policy will apply:

Cancellation within 30 days of the license being issued will result in a 75% reduction of the license fees.

Cancellation within 31 – 60 days of the license being issued will result in a 50% reduction of the license fees.

Cancellation after 60 days of the license being issued is not permitted.

LINKS TO THIRD PARTY SITES