Terms and Conditions
Print Order Information
You are purchasing the right to display the image for your own private use
and not for editorial or commercial use. You do not have permission to copy,
duplicate, re-produce, loan, sell or give to another in exchange for goods
or services. Some of our Terms and Conditions will also apply to print
orders and should therefore be read.
Ownership
The proprietor of Kappa Sports Pictures, Mike Capps, owns exclusive
intellectual copyright of the images displayed on this web site; hosted by
Third Light. Under no circumstances will ownership or intellectual copyright
be transferred to another individual, organisation, group or company.
Web Site
Access to images on this site does not authorize their use. You are not
permitted to copy, download, publish, reproduce, re-post, duplicate,
re-transmit or distribute any site content or part of it unless authorised
to do so.
License
You are not actually purchasing any images, or their ownership but a license
to use the image(s) as specified in our Terms and Conditions. The license is
granted for use by you or the licensee and strictly issued on a
non-transferable basis to any other parties. You have no authority to
transfer the image, image license, or any rights to reproduce, sell, give or
loan image(s), except as stipulated in your own licensing agreement. We do
not offer Royalty free images only rights managed images.
Unless otherwise specified all images are licensed for use as follows:
You are bound by and subject to the Terms and Conditions of this License agreement.
Image(s) strictly for use as specified on the invoice regarding image size, placement, print run, territory, medium, duration, and any other restrictions stipulated in the invoice or on this web site.
Downloading an image(s) from Kappa Sports Pictures or taking possession of an image(s) by any other means enters you into a Licensing agreement with Kappa Sports Pictures.
Payment will be due for any image(s) downloaded regardless of whether they are used or not. Cancellation fees are charged from the date of invoice after notification in writing: up to one week 10%, two weeks 30%, one month 50% and over one month full payment due.
Invoices are to be paid in strict accordance with our terms and conditions.
Image(s) for use within 1 year from the date of the invoice unless otherwise agreed.
Not issued on a transferable basis.
Only one use.
Non exclusive usage.
Credits
The image credit, "Copyright Kappa Sports Pictures", must be clearly displayed. The
credit is part of the pricing agreement and failure to provide a credit(s)
will incur an additional fee of 100% to the price charged on the license for
use of the image(s).
Editorial Use
All images on this site should be treated for editorial use only unless
specified otherwise. Depending on the intended editorial use and nature of
the image, you may still be required to obtain permission from the subject
or property owner to prevent any legal challenges.
Commercial Use
It is your company's sole responsibility to obtain clearance with all
necessary parties involved in order to prevent any contravention of
copyright, privacy, publicity, trademark, service mark or any other possible
law suit(s) resulting from improper use of the image(s).
Model Release
Persons, properties, trademarks and all other Licenses relating to persons
or property should be treated as unauthorized unless indicated otherwise.
Sub Contractors
It is your responsibility to make sub-contractors aware they are also
required to abide by the license restrictions placed upon you or the
licensee.
Image(s)
Any digital image displayed on our web site or analogue image consisting of
a slide, negative or print.
Digital Image: A digital or other computer generated viewed image or image
copy.
Unauthorised Use
No permission is granted to use any of our images for any pornographic,
obscene, unlawful, defamatory, racist, Vulgar, abusive, profane or libellous
manner, whether directly or indirectly intended. Any such misuse will be
considered a copyright infringement and swift action will be taken to stop
all further use and legal action taken against parties involved. You are not
permitted to use an image as any form of trademark or service mark.
Image Alterations
You are not permitted to carry out image modifications or alter metadata
(file info) unless authorised. You may apply colour, tonal corrections and
sharpening.
Responsibility
Neither Kappa Sports Pictures or Mike Capps will be held responsible in any
whatsoever for any kind of civil or criminal proceedings or subsequent
damages, either express or implied, from the use of our image(s). Any
subsequent law suit(s) or out of Court compensation claim(s), which may
arise from unauthorized use, or any transgression of another's rights, from
the use of one of our images will be your or your companies full
responsibility to research, resolve, defend or compensate any claims.
Image Misuse
It is not the responsibility of Kappa Sports Pictures or Mike Capps to check
whether or not the use of images contravenes copyright, privacy, publicity
or any other laws(s) resulting from misuse an image(s) whether digital or
analogue images, including prints.
Accuracy
Even though every effort is made to ensure content accuracy we are unable to
guarantee complete accuracy of the material on this site including metadata
(file info).
Kappa Sports Pictures has a zero tolerance policy with regard to copyright
abuse. It is the responsibolilty of the user of the image to ensure that
the licence is properly held. If in doubt, please contact us.
Copyright Kappa Sports Pictures
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