Terms & Conditions
The following is a legal agreement between you and DownTown Pictures Inc. (DTP). Please read this agreement carefully before downloading or purchasing a service, a product or a photograph. By downloading or purchasing any service, product or a photograph, you agree to be bound by the terms of this agreement.
All photographs and designs are copyrighted. DTP and respective photographers and designers own all rights to the images. All rights are reserved by DTP unless otherwise granted to you. Your rights to use the photographs and designs are subject to this agreement and are conditional upon your payment for the photographs to DTP. If at any time your account becomes delinquent, you relinquish all rights to all photographs you have received until all payments and interest are made.
By this Agreement, DTP grants you a personal, non-exclusive, non-transferable, right to use and reproduce photographs and designs in the following ways:
- On web sites, multimedia presentations, and broadcast film and video.
- In magazines, newspapers, books, eBooks, pamphlets, brochures, catalogs, book covers, textbooks, editorials, CD/DVD cover art, and advertising.
- In connection with your business identity on letterhead, posters, brochures, or business cards.
You may NOT:
- Use a photograph or design other than as specified in the preceding section.
- Use a photograph or design with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
- Use an photograph or design in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive- this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
- Resell any photograph or design.
- Share a photograph or design by providing access on shared disk drives or network.
- Use DTP photographsor designs to compete with DTP. This includes, by way of illustration, not by way of limitation, displaying photographs or designs in any format (including thumbnails) for download on a website. Offering DTP photographs or designs for sale, or including DTP photographs or designs in templates for sale. You may not, for example, create an entire greeting card line based on DTP photographs or designs – or use our photographs or designs as the basis for a large collection of objects for sale.
- Use the photograph or designs in a website template that you plan to sell or transfer to others.
- Use any photograph or designs as part of a trademark or patent image.
- Produce printed reproductions of any photograph or designs on canvas or paper to be sold.
“Non-transferable” as used herein means that except as provided in these terms, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the photographs or the right to use the photographs. In addition, the work you produce with the photographs must be used for your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any photographs. This may include invisibly watermarking the photograph and identifying that DTP owns the image on the document you intend to use the photograph.
If you plan on using photographs or designs for client work, you must keep accurate and detailed records of which clients you have used photographs or designs for.
You agree to indemnify and hold DTP, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs or designs other than the uses expressly permitted by this Agreement.
Neither DTP or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs or designs.
This Agreement shall be governed by the laws of Ontario, Canada.
DTP makes no representations or warranties whatsoever as to the legality or validity of any Release associated with a photograph or designs.
DTP makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph or designs.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of any photograph have been secured by you.
Prices, specifications, availability and terms of offers may change without notice. Despite our best efforts, a small number of items may contain pricing or typography errors. Correct prices and promotions are validated at the time your order is placed.
All products sent Electronically.
Returns & Refunds Policy
No Returns, no Refunds once product has been photographed. We strongly recommend the attendance of a representative, with a decision making ability, during all photoshoots. Once photo is approved by the representative, it is considered a complete shot and that future requests for re-takes are treated as new shots that will be billed to the client.
Same policy applies to web and graphic design and all related advertising services that are carried out in-house. Return policy and refund for third-party products and services are subject to their individual policies.