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TERMS and CONDITIONS
BUYING PHOTOS FOR EDITORIAL OR ADVERTISING USE - TERMS AND CONDITIONS
The following guidelines are for editorial and commercial customers. This includes newspapers, magazines, books, television and advertising. We do not sell photographs for use on the web.
Editorial and commercial customers can search the archive at no cost or obligation. You can download watermarked thumbnail images by using your browsers "save as" function. You may use these images "for position only" in page layouts or comps, to determine if you want to purchase the high-resolution version. You are not allowed to use the thumbnails in any other way.
If you decide you want to use a photo for publication, you can download the high-resolution image directly from the site by contacting us. Email us at mail [at] news1.net for download information, which will enable you to download high-resolution images of reproduction quality. We will negotiate usage fees at time of registration. You will be charged for every photo you download. We can also send you photos by e-mail, on a cd-rom, or as prints.
By downloading and using www.DIDIK.com, www.NEWS1.net, www.NYCinPictures.com or www.Tokyo1.org photos, you are agreeing to be bound by and abide by all of the terms and conditions outlined in the terms section.
We make minimal adjustments to our high-resolution images so that you may color correct and prepare the images according to the specifications of your publication. Please be sure to read the guidelines for altering NYCinPictures photographs in the terms section.
Www.Tokyo1.org does not obtain model releases. You shall be solely responsible for obtaining any and all necessary releases from individuals, groups, subjects and/or entities that may be necessary for your use of the photos. See terms section.
All published photographs must be credited with the photographer's name and Tokyo1.org. When you use any www.Tokyo1.org photograph in your publication, please send us a tearsheet for our files.
If you require a photograph with higher resolution, call us and we will make it available to you. If you do not want to download from the site, you can e-mail us or call with your request and we will send your photo by e-mail, on a cd-rom, or as a print.
Editorial and commercial clients on deadline (only!) can get an immediate description of the images we have by calling us. If the photos meet the clients' needs, we can make them viewable and downloadable within the hour.
We reserve the right to reject any order, for any reason, whatsoever.
Prices subject to change without notice.
All photographs are to be published with the following Byline: "www.Tokyo1.org Photo by Frank X. Didik"
RIGHTS AND USAGE
Www.Tokyo1.org photo sales service (the "Service"), is owned and operated by www.Tokyo1.org (the "www.Tokyo1.org"). Set forth below are the terms and conditions applicable to users of the Service and all photographic images (individually, a "Photo" and collectively, "Photos") licensed through the Service.
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AND USER AGREEMENT.
Www.Tokyo1.org reserves the right to change the terms of this License and User Agreement (the "Agreement") and features of the Service at any time. By using the service after notice of any change in the Agreement has been posted, you agree to be bound by this Agreement as modified.
LICENSE AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, you will have the non-exclusive license to use each Photo that you order for one-time editorial purposes only and in a print publication only.
The following credit information must accompany each Photo that you publish: Photographer Name/www.Tokyo1.org.
Except as expressly permitted by this Agreement, you may not copy, reproduce, market, sell, distribute, publish, display, perform, modify, create derivative works of, download, or transmit, in any form or by any means, electronic, optical, mechanical or otherwise, any Photos or in any other way exploit any part of this Service. This restriction includes the distribution, marketing and selling of unauthorized "hard copies" of Photos and the distribution, marketing and selling of Photos through any electronic medium or any electronic storage device.
You may store Photos electronically until such time as the Photo is used in your publication, and then the Photo must be purged from your system. You are not allowed to enter Photos into a database or hold them longer than you need to for publication.
You may not physically or electronically alter or manipulate the content of any Photo. Established photograph printing methods such as burning, dodging, toning, cropping and minor color corrections are permitted. Retouching is limited to the removal of minor scratches or minor image flaws.
The Service, including but not limited to Photos and explanatory text, is protected as a collective work or compilation under the copyright laws of the United States and other countries. All Photos, accompanying text and other elements comprising the Service are also copyrighted works and are protected by applicable copyright laws.
Www.Tokyo1.org does not obtain releases from individuals, groups, subjects or entities contained in the Photos and no clearance or other permission is obtained from any owner(s) of any trademarks or copyrighted materials whose trademarks and copyrighted materials may be included in the Photos. You shall be solely responsible for obtaining any and all necessary releases from individuals, groups, subjects and/or entities that may be necessary for your use of the Photos.
Www.Tokyo1.org represents and warrants that it has the rights under applicable copyright laws to reproduce, display and license the Photos in accordance with the terms and conditions of this Agreement.
THE PHOTOS AND THE SERVICE ARE AVAILABLE "AS IS". EXCEPT AS EXPRESSLY STATED HEREIN, WWW.Tokyo1.org DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR PHOTO THAT IS ADVERTISED OR PROVIDED THROUGH THIS SERVICE. ALTHOUGH WWW.Tokyo1.org INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WWW.Tokyo1.org DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WWW.Tokyo1.org IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
THE WWW.Tokyo1.org SHALL NOT BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS EVEN IF THE WWW.Tokyo1.org HAS BEEN ADVISED OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE WWW.Tokyo1.org BE LIABLE FOR ANY DAMAGES WHICH EXCEED THE AMOUNTS (IF ANY) PAID OR PAYABLE BY SUCH USER FOR THE USE OF THIS SERVICE AND FOR ANY PHOTO LICENSED FROM THE SERVICE.
The www.Tokyo1.org shall not be liable for any delays, inaccuracies, errors or omissions in any material obtained from the Service.
You agree to indemnify and hold harmless the www.Tokyo1.org, its directors, officers, partners, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against any losses, liabilities, expenses, damages and costs, including reasonable attorneys fees, based upon or resulting from any violation by you of this Agreement.
Pricing information is provided in the sections detailing the different types of usage. The price of Photos obtained from the Service is dependent upon the type of publication, the circulation, and the usage or size the Photo is used. You must negotiate prices before using any Photos obtained from the Service. You are responsible for paying all charges that you incur when you order any Photos.
This Agreement shall be governed by the substantive laws of the state of New York, without regard to choice of law provisions. In most cases, the original image is a digital image with between 1/2 and 2.5 megapixel of resolution and it has been saved as a compressed jpeg type file.