Commercial License Terms & Conditions

Introduction

These licence terms and conditions apply between the customer (“you”) and MAH Photography & Digital Art (“us” or “we”), and govern the use of our digital images (the “products”). Your purchase of a license, download and use of our products, constitutes your full acceptance of these terms and conditions. 

If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.

License and Use

Your purchase of one of our products constitutes our granting to you a non-exclusive, non-sublicenseable, non-transferable license, to download and/or access that product for the agreed commercial purpose and parameters ("licence scope").

You agree that under no circumstances shall you use, or permit to be used, any product other than for the agreed scope and purpose. 

For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

Licence Scope

Defined within each licence will be the following partameters, agreed in advance between you and us. Due to the variable nature of scope within these parameters, pricing, which will be agreed ahead of purchase and invoice is not contained specifically within these terms.

1) Product Format - pertains to the dimensions and resolution of images

2) Product Usage - pertains to the intended commercial use of images eg magazine, leaflet, online,

3) Product Quantity - pertains to images used in printed format - prices scale with size of print run

4) Product Duration - pertains to license start and exiry dates for online and/or electronically displayed images

5) Product Customisation - pertains to personalisation of images eg adding text, branding, logos, etc

Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

Refunds and Chargebacks

Once a product has been purchased by you, you consent to receiving the product before the end of the statutory 14 day cancellation period and you acknowledge that once the download starts you shall lose your right of cancellation or refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 

Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back.  We reserve the right to alter any of our prices from time to time.

Warranties and Liability

We make every effort to ensure that our products reliable and fit for the use of our customers.  However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. 

You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. 

Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

General

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. 

The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. 

You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. 

The un-enforceability of any single provision within these terms and conditions shall not affect any other provision hereof. 

These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.

Contacting Us

Questions regarding these terms should be directed to mark@markahunter.com