fabfoodpix terms and conditions

Terms & Conditions of Use

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THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FABFOODPIX.COM, ( ALSO REFERRED TO AS “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE AND PHOTOGRAPHIC IMAGES CONTAINED THEREFROM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE PLEASE DISCONTINUE USING THE SITE.

Copyright of Fabfoodpix Images
Fabfoodpix.com and/or its associated photographers own copyright on all the images on this web site. When using images in any form whether you purchase the rights to use the image or are using a free watermarked image for layout purposes, keep in mind that the copyright belongs to Fabfoodpix.com and/or the photographers who created the images. Under UK and US copyright law, the creator of the original work also owns the copyright to all works derived from the original. Therefore, if all or part of your work is seen as having been derived from the original photograph(s), you do not own the copyright to the derivative work, just as you do not own the copyright to the original work.

Use of Fabfoodpix Images
You purchase the rights to use a Fabfoodpix.com image. This means that you are entitled as the license owner to use the images that you have paid for and for an unlimited period of time. Each license is applicable to one single user. In other words, if you use the image commercially for more than one ‘client’, company or individual then you must purchase licenses for each case. You may however use the same image in different publications, or on web sites, and in different applications providing that this is clearly for the same company, individual or organisation. For further clarification of specific requirements please contact Fabfoodpix.com.

You may NOT:
1. Re-license, lease, sub-license or sell any image purchased or otherwise, from Fabfoodpix.com
2. Transfer or assign rights to an image without written permission.
3. Claim ownership of any Derivative Work (see below) without our written consent.
4. Make any image available on-line for re-sale to any third party. (i.e. via an ftp site or web site)
5. Distribute any image electronically other than what would be deemed necessary in the standard working practise required for implementing images within your work.
6. Create or distribute multiple copies of any Fabfoodpix.com images either electronically or in printed format, apart from for the purposes of backing up your computer data.

If your design work involves manipulation of the photographs, or in any other way changing them, you may be creating Derivative Work (i.e. anything derived from one or several original(s)). You may not distribute, use or sell the images in any other way. You may use the images in layouts or drafts for clients and/or in-house presentations. Students may use the watermarked versions of our images in non-commercial course-work providing Fabfoodpix.com is acknowledged as the source. For all other usage please contact fabfoodpix.com.

Ownership of This Website
This web site is owned and operated by Fabfoodpix.com. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software (“Content”), is owned by Fabfoodpix.com, its licensors and its content providers.

No portion or element of this website or its Content may be copied or published via any means and this website, its Content and all related rights shall remain the exclusive property of Fabfoodpix.com. You shall indemnify Fabfoodpix.com, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Disclaimers
FABFOODPIX.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE PRODUCTS AND INFORMATION ON OUR WEB SITE ARE NOT WARRANTIED AS BEING FREE FROM ERROR. ANY IMPLIED WARRANTIES SHALL, SO FAR AS POSSIBLE UNDER LEGAL OBLIGATION, BE WAIVERED BY FABFOODPIX.COM.

Fabfoodpix.com accepts no responsibility for loss or damage resultant from use of images sold or made available for free download from their web site, except as specifically stated in these Terms and Conditions of Use (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

No Waiver, Severability of Our Terms & Conditions
No action of Fabfoodpix.com, other than a written waiver or amendment issued by us, will be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause within these Terms and Conditions of Use be found unenforceable by law, this will not, wherever possible, affect any other clause and each will remain to full effect.

We reserve the right to change our infrmation, prices, these Terms and Conditions of Use prices and/or license terms without notice. These conditions set out the entire agreement between Fabfoodpix.com and you relating to your use of this website.

Venue for Legal Hearings and Governing Law
This Agreement shall be interpreted, construed and governed by the laws of the United Kingdom, (England, Scotland, Wales & Northern Ireland). Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of England in the city of London and each party agrees not to contest the personal jurisdiction of these courts. Fabfoodpix.com shall have the right to commence and prosecute or take legal action or proceeding before any non-UK court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Fabfoodpix.com, such action is necessary or desirable.

© Copyright 2002-2009 Fabfoodpix.com. All rights reserved. Terms and Conditions of Use.