Web Site Terms and Conditions
Terms and Conditions
Your acceptance of these terms and conditions is an absolute condition to your use of this web site [photo-loco.co.uk] or use of or access to images, digital media or artwork advertised for sale by us.
Downloading, receiving or accepting by any circumstance from any party or using any images from munki-boy design.co.uk or any of its partners, affiliates or clients confirms your acceptance of these terms and forms a legal contract between "You", "munki-boy design", or the "Image Owner" defined in the image advertisement.
We reserve the right to change or amend any of the terms of this agreement at any time and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not purchase, download or use any image(s) or digital media.
"Image(s)" and/or "design(s)" and/or "media" shall mean any web site design, image, photograph, artwork or digital representation advertised on munki-boy design.co.uk that has been obtained by any means including but not limited to digital download, storage media, email or internet transmission from any source including the munki-boy design web site or third party, afflitiate or private individual. Together with all accompanying meta-data and other material.
"Storage Media" shall mean any technology for use as storage for "Image(s)" and/or "design(s)" and/or "media" such as CD-ROM, DVD, HD media, Flash Memory or other technologies known today or created hereafter.
“User” shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that view outside the online web site, edits, manipulates or modifies the Image(s) or are otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers and students. All Users shall only use the Image(s) in accordance with the terms of this Agreement.
"Owner", "Image Owner", "Design Owner", "Concept Owner" or "Media Owner" shall mean the creator, legal owner or representative of the owner or original copyright owner of the "Image(s)" and/or "design(s)" and/or "media" advertised by us.
“You” shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
"munki-boy design" and "munki-boy design.co.uk" shall mean munki-boy design, or the "Image Owner".
Royalty Free License Agreement
When purchasing Royalty Free licensing for images from munki-boy design.co.uk you are entering into a legal agreement between "You", "Your Company or Employer", "Your Client" or "Client of Your Company or Employer" and us being "munki-boy design", "munki-boy design",and or the "Image Owner".
The Image(s) are copyrighted and protected under the various laws, International treaties and or other applicable laws. The Image(s) shall remain the sole and exclusive property of the "Image Owner", or its licensors. Use of the Image(s) is licensed, not sold, pursuant to the terms of this Agreement. Use of the Image(s) without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.
Paid Licence: We grant you a perpetual, non-exclusive and non-transferable license to use the Image(s) only as provided in this Agreement.
You May:
Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice of the "Image Owner".
Use the Image(s) in any print or electronic media, including advertising and editorial use, provided such use is not intended to allow the re-distribution, re-use of the Images(s) or access to the Image(s) apart from a product or service.
Use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the Image(s) apart from a product or service apart from a product or service.
Modify or alter the Image(s) as necessary for your use, subject to the terms of Section 4, and provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of munki-boy design or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by munki-boy design, you agree to execute a written assignment of any such rights, including copyrights, at no cost to "munki-boy design", or the "Image Owner".
Use the Image(s) as decor in an office, lobby, public area, restaurant, or retail store.
Use the Image(s) as design elements in video, film, or television broadcasts.
Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.
Use the Image(s) for any other uses approved in writing by munki-boy design or the "Image Owner".
Prohibited Use of Image(s) - YOU MAY NOT:
Sublicense, distribute, transfer or assign rights to the Image(s).
Reverse engineer, decompile, translate, or disassemble any part of the Image(s) and assert copyright of the media produced. munki-boy design or its licensors or the "Image Owner" retain the full rights to the Image(s), and therefore you cannot establish your own rights.
Copy or reproduce the Image(s), except as specifically provided for in the Royalty Free Licence Agreement.
Remove any copyright, trademark or watermark from any place where it appears on the Image(s).
Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. munki-boy design or its licensors or the "Image Owner" retain the full rights to the Image(s), and therefore you cannot establish your own rights.
Use the Image(s) to compete with munki-boy design. munki-boy design is in the business of providing and licensing Image(s). It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
Use the Images(s) as part of a product in any format intended for multiple distribution or licensing including, but not limited to, templates, Web site templates, software products, including computer and/or video games and game consoles, e-greetings, desktop wallpaper(outside your own company) or Use the Image(s), or resell the Image(s) for use, in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs.
Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
Additional Licence Terms
munki-boy design reserves the right to not permit use of any Image(s) for any reason whatsoever, and notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
munki-boy design requires the copyright notice:
" munki-boy design” appear adjacent to or below the Image(s) or on a credit page.
You represent, warrant and covenant that:
You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;
You do not reside in any country to which export of UK products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;
You will not use the Image(s) in any way that is not permitted by this Agreement;
Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
The information that you provide to munki-boy design is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;
You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and
If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.