The www.radiusimages.com website (the "Website") is a collection of images presented by Masterfile Corporation ("Masterfile") to potential distributors of the Radius Images product line of royalty-free stock images. It is published for informational purposes only.
The following terms and conditions govern the use of the Website and form a legal agreement (the "Agreement") between you, your company, your employer and your client, as the case may be ("You" or "Your") and Masterfile.
All photographs, illustrations, digital art and other forms of images on the Website (the "Images") are the exclusive property and copyright of Masterfile and/or its licensors. The Images are protected by national copyright laws, international treaty provisions and other applicable laws.
The Images are presented for viewing purposes only in the context of this Website and they may not be downloaded, copied or reproduced in any manner whatsoever without the express written permission of Masterfile and subject to the payment of a license fee as determined by Masterfile.
Unless You have received and paid for a license from Masterfile: 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.
Masterfile, its international licensees, its distributors and its contributing artists and licensors earn their living by licensing 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. "Unauthorized use" means any reproduction that is not specifically granted in a license by Masterfile, or any reproduction for which a Masterfile license has not been paid.
Masterfile will be entitled to a compensatory fee equal to the greater of U.S. $1,500 or ten (10) times Masterfile's usual license fee for each unauthorized use by You of any Image in addition to any other rights or remedies available to Masterfile under law (without You thereby acquiring any rights to the Image).
A license to use any Image may be obtained by registering at www.masterfile.com and following the instructions there. Alternatively, you may inquire by e-mailing info-radius@masterfile.com.
Photographers wishing to submit images to the Radius Images collection are invited to go to the artists' page on Masterfile.com for information about the company and how it selects and deals with photographers.
Disclaimer. Use of the Website is at Your sole risk. The Website is 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. Masterfile makes no representation or warranties that the use of the Website will be uninterrupted or error-free.
Limitations of Liability. To the maximum extent permitted by law, in no event will Masterfile 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 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 whether based on contract, tort, strict liability or otherwise.
Indemnity. You agree to indemnify and hold harmless Masterfile and its directors, officers, agents, licensees 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; Your breach of the terms and conditions of this Agreement; 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.
Governing Law. 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.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 Masterfile. 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 Masterfile, 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 Masterfile or subject to the terms of a license.
Trademarks. "Masterfile" and "Radius Images" are registered trademarks of Masterfile. These trademarks may not be used in any manner whatsoever without the express written consent of Masterfile.
UPDATE - The terms and conditions of this Agreement were last updated on May 22, 2006.
© 2012 Masterfile Corporation. All rights reserved.