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CTD Studio | / Terms and Conditions of Website Use
 
CTD Studio | / Terms and Conditions of Website Use
Christian Topf – Art – Design – Photography Consultancy and studio
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Terms and Conditions of Website Use

Christian Topf Design Ltd
Ownership

This web site is owned and operated by Christian Topf Design Ltd. All images contained within this website are owned by Christian Topf Design Ltd and are copyright protected internationally.

By entering this site you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions of Website Use.

 

Content

The Content of this website has been compiled as a resource for picture users and may be searched and viewed for this purpose. You may use preview pictures for layout and presentation purposes only. Any other use or exploitation is only permitted after purchasing the relevant rights. All usage rights are governed by the License Agreement for Use of Images and Text (see below).

This is a legal contract between you and Topf Design Ltd. By downloading Content from this website, you have agreed to be bound by the Terms and Conditions of this Agreement in respect of that Content. If you do not accept or agree with these Terms do not download the Content.

If you are entering into this agreement on behalf of an employer, the licenses granted, as well as all its limitations and restrictions listed below, shall also apply to you as a representative of your employer. Your employer may continue to operate under this agreement should you cease to work for them.

 

Copyright

All images contained within this website are protected under international copyright laws. A license must be purchased before any form of reproduction is made.

 

LICENSE AGREEMENT FOR USE OF IMAGES AND TEXT

 

Definitions

“We” and/or “us” means Christian Topf Design Ltd.

“Client”, “you” and “your” means the person or business representative viewing or accessing this web site.

“Content” means any image, text, software or other material contained in this web site.

“Image” means any picture, photograph, painting, illustration, drawing, design, graphic work, diagram, montage, engraving, etching, lithography, or any other type of artwork, which is offered for the purpose of Reproduction, as well as any such item held on a computer disk or any other electronic storing device offered for the same purpose.

“Text” means any written copy, including words, stories, reportages, poems, descriptions, captions and promotional copy.

“Reproduction” means any form of copying, displaying or publication of the whole or part of any Image and/or Text provided by us, whether such Image and/or Text is altered or manipulated in any way and whether it is reproduced by mechanical, digital or electronic means, including static and moving representations of any kind. This also includes the downloading and/or storage of any Images and/or Texts by mechanical, digital or electronic means. “Reproduction” also includes all circumstances where images and/or Texts are used as artist’s illustration, or for the prodution of comps, layouts or presentation to a customer including the display of Images on websites, apps and all other digital media.

 

Reproduction Rights / Grant of License

Christian Topf Design Ltd grants non-exclusive, non-transferable licenses for specified uses only, unless negotiated and confirmed otherwise in writing. Any usage is subject to the following rules and restrictions listed below.

 

Permitted Uses

Our images may be used in your personal, professional, internal, editorial and client projects including:

(i) books, brochures, pamphlets, leaflets, cards and any other publication, both in print and by digital means.

(ii) advertisements, commercials and packaging.

(iii) film and video presentations, web sites, multimedia projects, CDs and DVDs.

(iv) prints (i.e. a hard copy) and reproductions for personal use.

You may exercise a reasonable amount of digital manipulation necessary in order to prepare Images for Reproduction. This may include minor modifications of colours balance, contrast and retouching.

You may use the low-resolution digital images for personal, non-commercial and sample use. This includes comps and layouts. Low-resolution images may not be used in any final materials distributed internally or outside of your company except for one-off review by your client.

You may store purchased Images on one computer plus one backup device for the duration of the License. You may make one copy of the content solely for back-up purposes but you must reproduce all proprietary notices on this back-up. If you are part of a company which uses a network or other asset management system, this counts as the backup device.

 

Restricted and Prohibited Uses

You may not use the content in any way that might be deemed defamatory, libellous, pornographic, obscene, racist, sexist, or otherwise offensive, nor create materials which may be unlawful in any other way.

You may not sub-licensed, re-sell or otherwise make available any content for separate use or distribution, and you may not alter or merge, in whole or in part, any content so as to create a derivative work for re-sale or sub-license.

You may not use images in any posters (printed on paper, canvas or other mediums) or any other items for resale;

You may not store or transmit the Images electronically or digitally except as provided for in the previous section.

You may not use the content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.

You may not post any content on any electronic bulletin board, place images on-line in a downloadable format, or use them in a web site at a resolution higher than 72dpi at a maximum of 600 x 600 pixels.

If in doubt ask. We are always happy to help with your enquiries.

 

Disclaimer of Warranties

This site, including its content, are provided “as is” without warranty of any kind, either expressed or implied. We do not represent, or warrant, that this site or its content will meet your requirements or that its use will be uninterrupted or error free.

Christian Topf Design Ltd makes no other warranty nor agrees any other condition, representation or undertaking, either expressed or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment.

Christian Topf Design Ltd makes no claim or warranty with regard to the use by you of names, people or trademarks depicted in any image. Likewise, it is entirely your responsibility when not to use or reproduce images supplied by us in whatever circumstances that may result in any infringement or breach of rights of any third party, other owner(s) or their successor(s).

 

Limitation of Liability

While we take reasonable care to ensure accuracy of content and in the performance of this site, You assume all responsibilities and risks for the use of this site and its content, and we shall not be liable for any loss or damage suffered by you, or by any third party, arising from reproduction or use of any material supplied by us.

In no event will we be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, images or data arising out of or in connection with these Terms and Conditions, including the inability to obtain additional rights to the Images. In any case, the limit of our liability shall be limited to the license fee paid by you.

We shall not be held responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this web site or your downloading of any of the content from this web site. We strongly recommend that you install appropriate anti-virus or other protective software.

By using this website you implicitly acknowledge that you do so at your own risk.

 

Indemnity

You shall indemnify and hold us harmless against all claims, loss, damage, proceedings or costs with respect to Images and/or Texts that have been reproduced without effective rights, model releases, permissions or consents.

You agree to indemnify and hold us harmless against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising  directly or indirectly in respect of any claims that the reproduction of any Image and/or Text provided to you by us infringes the intellectual  property rights of a third party. Intellectual property rights include, without limitation, copyright, database right, patents, registered designs, trademarks and service marks whether registered or not, design right, and all similar property rights.

You agree to indemnify and hold us harmless against any claim, loss, damage or liability of any kind, including reasonable legal fees and expenses, arising from any use of our Images and/or Texts other than in accordance with the terms of this agreement.

 

Model Release and Other Permissions

You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained. Unless specified in writing, we do not warrant to you the existence or validity of model, property or other releases with respect to any of our images. You must satisfy yourself as to the suitability of any Image for your reproduction needs and any relating of Text for accuracy and that all necessary rights, consents, permissions and releases have been obtained prior to reproduction of each image by you.

You must satisfy yourself that all necessary rights, permissions or consents for use of trademarks, logotypes, registered or copyrighted designs or works of art depicted within any image, which may be required for reproduction, are obtained by You.

 

Supply of Digital Files

It shall be presumed by us that Images and/or Texts downloaded by you from this web site or supplied to you on memory stick, CD or any other electronic means by us, have been received in good, useable condition unless you notify us otherwise within 5 business days of receipt of the Image and/or Text files.

 

Picture and Text Credits

We kindly request a credit line that reads “© Christian Topf (CTD)” every time any of our Images are used in any significant way. For this purpose ‘significant’ shall mean any use of Images for covers, larger than A5 in print, larger than A2 in displays, home pages on web sites, and any other prominent uses. Alternatively, “© Christian Topf (CTD)” may be included within a list of other contributors within a publication. Texts shall be attributed using the Harvard Referencing System.

 

Invoicing

Image and Text usage fee shall be invoiced on the day of order and are payable immediately. Images and text may only be used by you once payment has been received by Christian Topf Design Ltd, and in accordance with the purchased rights.

Customers who wish to receive a printed VAT invoice other than the automated email purchase acknowledgement may request this by emailing us at <info@ictd-studio.co.uk>. We endeavour to deliver a pdf invoice within 48 hours, but please allow 8 working days.

 

Term of License

Images are licensed to you for a maximum period of twelve (12) months from the date of delivery. Your right to use, and store, the image(s) supplied ceases after this period. The license to use our Images and Text automatically terminates if you do not comply with these Terms and Conditions.

 

Termination

Any license granted will terminate immediately if you die, enter into voluntary or compulsory liquidation, have a receiver appointed, or fail to perform any of your obligations under the Terms and Conditions of this agreement. In the event of Termination, all rights granted will immediately revert to us and any further exploitation of any Image and/or Text shall constitute an infringement of copyright.

 

Other provisions

The information on this web site is updated occasionally. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information provided on this web site.

We reserve the right to revise, supplement or delete information, services and/or other resources contained in this web site. From time to time we may also change the contents of our Terms and Conditions, prices and Terms of Licence. Changes may be made at any time and without prior notice to you.

 

Links

This website provides links to third party web sites for your convenience only. The inclusion of these links does not imply that we monitor or endorse these web sites, nor do we accept any responsibility for such web sites.

 

Complaints

We aim to resolve any grievance you may have before matters escalate to a complaint or dispute. Our intention is to keep you happy through excellent service and by providing timely resolution of issues, should the occasion ever arise. To facilitate this you should retain all orders, invoices and receipts from any purchase(s) in order to explain, authenticate and expedite any claim you might have.

If you have any issues about our products or services please send an email to <info@ctd-studio.co.uk> clearly describing your query. We will contact you as soon as we can after investigating your query.

 

Privacy Policy

We are committed to respecting the privacy of any individual with whom we do business. Please see our separate detailed Privacy Policy document on this website.

 

Force Majeure

Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, failure of electricity, internet or telephone service(s), fire, flood, draught, tempest or other event beyond the reasonable control of either party.

The time for performance shall be extended for a reasonable time, having regard for the cause of the delay. Should any delay persist for a period of over 28 continuous days imijstudio reserves the right to terminate any agreements on 7 days’ notice in writing.

 

Variation

No variation of these Terms or Conditions shall be effective unless agreed in writing.

 

Law

These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices, where it will be non-exclusive.

Any publication right as defined in the Copyright and Related Rights Regulations 1996 arising from your use of any of our Images and/or Texts shall be vest in us and you hereby assign all such rights arising to us. Our failure to exercise or enforce any of our rights shall not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

 

Christian Topf Design Ltd – Trading Address

The Studio, 65 Marlborough Road, Falmouth, Cornwall, TR11 3LL, UK

 

Christian Topf Design Ltd – Registered Address

71 Trenoweth Road, Falmouth, Cornwall,  TR11 5GH, UK

 

Company Number:

Registered in England and Wales No 6156068

 

VAT Number:

GB 643 4752 33