TERMS & CONDITIONS OF USE
This document applies to the use of all Véronique Cornille photographs. Exemptions must be written, dated, and signed by both parties, and referenced under “Special Conditions” on the license. Hence the text on this website overrides any inconsistency arising out of wording on licensee’s order. We reserve the right to change any wording and conditions on this website without notice.
Date: 20 January 2009
Terms & Conditions of Use Updates: 25 May 2010
DEFINITIONS
Copyright
All photographs on this website are © Véronique Cornille with date as specified. Use without license is illegal and infringement is subject to appropriate action under international copyright laws. Additionally, any illegal use attracts a penalty totalling the amount of five times the license fee for the image.
The ownership and copyright of all images remains with Véronique Cornille and does not pass to any other party with the issue of any license for use.
It is also illegal to use images from this site to infringe on any copyright, trademark or trade name, or to use them as a trademark.
The removal or alteration of copyright, trade mark or any other ownership markings set within the image is not permitted.
Exclusive Use
Unless a written agreement for exclusive use has been negotiated and paid for, all licenses are for non-exclusive use with no rights protection. Details and terms of exclusive use agreements to appear in the License Agreement under “Exclusive Use”.
Model & Property Release
Model and property released images are available for all rights-managed applications, including advertising, but are not available for use in advertising sexual services or products without written permission. The images of children and youth are not to be exploited and are available for use in context only.
Images with model/property release will specify that this has been obtained, within the caption detail of the photograph, on the display pages.
All other photographs do not have model release. Those where people can be identified, are available for editorial purposes only. Some images without model/property release could be available for rights-managed use on request to gain such release. The licensor will not be held responsible for infringement of rights where use occurs when no indication of model or property release appeared on this website. Should the licensor have incorrectly specified that a model release existed the limit of accountability to the licensee is the value of the license fee.
The licensee is responsible to ensure that any additional model and or property release consents, rights and licenses have been obtained.
Digital Images
All images numbered with the prefix D were taken with a digital camera.
Transparencies
All images numbered with the prefix VC were taken with 35mm transparency.
Limited Edition Prints
Signed and numbered limited edition prints can be ordered. The maximum number of prints, for each photograph, is five.
Availability
All photos are subject to availability at the time of purchase.
Watermark
All photographs have the standard Véronique Cornille On Line Photo Library watermark, a kotuku/white heron with “Véronique Cornille Photo Library” beneath. At the time of payment the watermark is removed and the image released. The use of the watermark is a security measure as we take the theft of images very seriously.
Rights & Endorsements
There are no implied rights or endorsements associated with the use of trademarks, copyrighted art or text in any application, including model-released people, and/or names with the photograph, for which you have obtained a license. It is the licensee’s responsibility to determine if the image requires clearance from any other party, and to ensure that all necessary releases and clearances been obtained.
Any photograph requiring the use of an identifiable person or product to use in a controversial or unflattering manner requires a license with prior written special conditions approval, including wording for a caption stating that the image has been used for illustrative purposes and the person represented is a model.
Disclaimer
While the Licensor has made every effort to ensure accuracy and reliability of the images, and associated written material such as captions, she accepts no responsibility for loss or damage incurred by the licensee, or party associated with the licensee, caused by errors.
Age Restriction for Use of this Site
To use this site you must be 18 years or older.
Security of Personal Information
Please read our Privacy Protocol.
Term of License
The term of license must be specified in each license and unless there is a prior written agreement exempting or altering the term, rights managed license is for 12 months and comping license is for 30 days. The photograph images must not be stored, electronic or otherwise, other than for the purpose for which the license has been granted. They may not be used (except for end product created during the term of license) after the expiry of the licence agreement and must be removed from all storage facilities, whether electronic or non-electronic, and destroyed. The license is non-transferable. Before the end of the license period the licensee will receive an electronic License Expiry notice containing a LICENSE RENEWAL/TERMINATION FORM which must be completed and returned prior to the license expiry.
Payment
The watermark will be lifted and the image released after the granting of a license, receipt of invoice and payment by Paypal. All taxes, other than the GST added to the invoices, are the responsibility of the licensee. Prices are in New Zealand dollars.
Refunds
Once the digital files are downloaded by you, or delivered to you in another form, we will not offer refunds. Accordingly, we ask you to select your photographs carefully and consider the use of comping images for evaluation.
Defects
It is important that you check all images for defects, actual or purported, prior to proceeding with reproduction as the licensor accepts no responsibility for loss or damage incurred by the licensee, or party associated with the licensee, caused by actual or purported defects, digital or otherwise. It is the responsibility of the licensee, and not the licensor, to ensure that content meets their requirements.
Web Display & Comping Images Not Available for End Use without License
Web display images are for use on the licensor’s website only, and are not available for any other use without license.
Comping images are available free of charge, after registering, for internal evaluation purposes and to facilitate choice of images for which you intend to obtain an editorial, rights managed or royalty-free license. They are not licensed for any other use, or distribution whether within your organization or externally. For regular clients we are prepared to discuss the use of comping images without watermark.
Low and medium resolution web display and comping images are available to assess suitability of photographs from this site. They are not available for instance, for:
· Use in any television programme or commercial
· Display on any website
· Use in any digital presentation
· Use in a Film storyboard
· Any application where there is no potential of the photograph being licensed, for example to brief for a commission by another artist or photographer.
After 30 days comping images must be removed from all storage systems, whether electronic or otherwise, unless license for end use has been granted.
Before using images for comping it is essential that you have read, and understand, the Terms & Conditions of Use.
Electronic Storage: All images for which written approval for electronic storage has been granted, in any form, must be accompanied by © Véronique Cornille, the year, and the photograph number. The image may only be used on one computer, ie it is not to be transferred on an internal or external computer network system or shared in any form. If you anticipate a need to electronically transmit comps for client approval it must be stated in the license and your customer is bound by the same terms under which you are granted license. All electronically stored photographs must be deleted before the permitted term expires.
Hi Resolution Images
Hi resolution images are available for downloading after granting of license and payment of relevant fee.
Withdrawal of Image
At all times Véronique Cornille On Line Photo Library retains the right to withdraw license, on any grounds, for the use of any photograph and substitute with another image.
Breach of License
By purchasing license to use an image it is understood that the licensee is responsible for any damages or costs (including legal) arising out of the unauthorized use of the image. In addition the licensee agrees to indemnify the licensor against any such claim. The licensor may, without obligation or liability, cancel any agreement wherein the licensee has failed to comply with any terms and you must immediately stop using the image and destroy all copies of it.
The licensor has the right to request at any time, access to records relating to the reproduction of licensed images, in order to confirm application is as specified in the license. The licensor also has the right to request a copy of the end use document.
Downloading & Mobile Devices
It is the licensee’s responsibility to ensure that licensed product is not reconfigured to be made available for downloading or for use in any mobile devises.
Illegal Use of this Website, Website Email and any Addresses Associated with it
The purpose of this website is for the display of Véronique Cornille’s photographs in order for clients to determine which images they wish to purchase license to use. Legal action will be taken against anyone unlawfully using this site or addresses (electronic or otherwise) associated with it. This includes use of addresses for spamming, swishing or similar unauthorized and/or illegal activity.
Updates & Changes to Terms and Conditions of Use
Amendments to our Terms and Conditions of Use can occur at any time. The last Terms and Conditions of Use update date will show at the beginning of this document. Please check this information when using our site.
Questions
If you have questions regarding our Terms & Conditions of Use please email info@veroniquephotos.com or phone 0064 3 546 9998.