Terms and Conditions
A-3. Liability for unauthorized use of Images
mywasagabeach.com, its Agents and its contributing artists and licensors earn their living by licensing and controlling all rights to the Images. You agree that any unauthorized use, publication or transmission of any Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising from Your unauthorized use.
B-1. All Images on the Website are Rights-Managed Images
Exclusive rights available. mywasagabeach.com can license a wide range of exclusive rights if You want to restrict the ability of other parties to use the same RM Image.
B-2. (RM) Non-exclusive rights
Reproduction rights in RM Images are non-exclusive unless otherwise stated in writing by mywasagabeach.com in the RM License.
B-3. (RM) Request for Exclusivity
Exclusive rights may only be granted by mywasagabeach.com subject to the availability of such rights and subject to additional fees as determined by mywasagabeach.com.
Exclusive rights cannot be obtained through the Website. You must contact mywasagabeach.com directly to inquire about exclusivity. No exclusivity will be granted or implied unless it is stated in writing by mywasagabeach.com in the specific terms of the RM License. If mywasagabeach.com grants exclusive rights in an RM License, it will take reasonable precautions to avoid licensing the Licensed RM Image to others in a manner which, in its opinion, conflicts with the specific terms of the RM License.
B-4. (RM) Credit Line
If the Licensed RM Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, then mywasagabeach.com will require a credit line be given in the form: www.mywasagabeach.com
mywasagabeach.com generally does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Images. The procuring of such releases is Your responsibility but mywasagabeach.com will co-operate with You in seeking such releases (for RM Images only);
mywasagabeach.com generally does not have releases from manufacturers or designers of commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are depicted in some Images. It is generally not possible for any stock image library or artist to get blanket releases for such products, but they can often be obtained on a case-by-case basis. The procuring of such releases is Your responsibility but mywasagabeach.com will co-operate with You in seeking such releases (for RM Images only) wherever practicable.
B-5. (RM & RF) Context of use - You hereby agree that:
You will not use or permit the use of any Image in a defamatory, libelous, pornographic or unlawful context or contrary to ethical business practices;
You are responsible for all text used and claims made in connection with Your use of any Image;
Sensitive issues
If any Image depicting a person is to be used in a sensitive context (including, without limitation, context relating to sexual conduct, criminal activity, substance abuse, mental condition, religious, political or racial bias), then the existence of a model release may not be sufficient to protect You from action by the person depicted in the Image (the "Model"). If You intend to use an Image in a context that could be considered sensitive:
For RM Images. You agree to notify mywasagabeach.com in writing and mywasagabeach.com (in its sole discretion) may determine to contact the Model and request a sensitive issues model release on Your behalf;
You understand that such release could require You to pay an additional fee (which would require Your prior approval); and
If mywasagabeach.com is unable to contact the Model, or if the Model refuses to execute a sensitive issues model release, or if You do not agree to the fee required for such release, or if mywasagabeach.com (in its sole discretion) declines to license the Image for Your purpose, then You agree that You will not use the RM Image and no license will be granted by mywasagabeach.com.
C. General
C-1. Disclaimer
Use of the Website and the Images is at Your sole risk. The Website and the Images are provided on an "as is", "as available" basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. mywasagabeach.com makes no representation or warranties that the use of the Website will be uninterrupted or error-free.
C-2. Limitations of Liability
To the maximum extent permitted by law, in no event will mywasagabeach.com be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Images or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Image whether based on contract, tort, strict liability or otherwise. mywasagabeach.com Liability in any circumstances will be limited to the amount paid for the respective RM License and/or RF License.
C-3. Indemnity
You agree to indemnify and hold harmless mywasagabeach.com, its licensors, and Agents and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: Your use of the Website and/or any Image; Your breach of the Terms and Conditions; Your breach of any RM License and/or any RF License; Your infringement of any third party intellectual property rights; or any act or omission by You which results in: (a) loss, damage, interference with or disruption to, the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.
C-4. Governing Law
Except for International situations:
This Agreement will be governed by the laws in force in the Province of Ontario, Canada, excluding the application of its conflicts of law rules, and the parties agree to the exclusive jurisdiction of the federal and provincial courts located in the City of Toronto, Ontario; except
In the case of copyright infringements that occur in the U.S.A., this Agreement will be governed by the laws in force in the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction and venue of the Federal District Court of the Southern District of New York located in New York, NY.
For greater certainty, the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
C-5. If any provision of this Agreement violates the law
of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.
Ownership of this Website
The Website is owned and operated by mywasagabeach.com. The materials used and displayed on the Website, including, but not limited to the Images, text, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the "Content") are the property of mywasagabeach.com, its contributing artists or its licensors and are protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of mywasagabeach.com or subject to the terms of an RM License or an RF License.
D. Privacy Policy
At mywasagabeach.com we recognize the importance of Your right to privacy and the sensitivity of personal information.
A-1. Copyright in Images
All photographs, illustrations, digital art and other forms of images on the Website are the exclusive property and copyright of mywasagabeach.com/Enrique Photo Art and/or its licensors. The Images are protected by national copyright laws, international treaty provisions and other applicable laws.
A-2. Unauthorized use of Images
Unless You have received and paid for a license from mywasagabeach.com:
It is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another image.
It is illegal to incorporate all or part of any Image into another image. Changing an Image does not give You any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.
