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Thompson Okanagan Tourism Association Image Bank Terms & Conditions of Use
The Thompson Okanagan Tourism Association Image Bank website (the “Website”) is a searchable collection of images provided by Thompson Okanagan Tourism Association (“TOTA”) to tourism industry partners and organizations. TOTA has licensed these rights-protected images for use in media ranging from print advertising to Internet websites. While these images are provided free of charge to the tourism industry, these are NOT royalty-free images or clip art. Copyright restrictions apply to every image found on this site.
The following terms and conditions (the “Terms & Conditions”) govern your use of the Website and form a legal Terms & Conditions (the “Terms & Conditions”) between you, your company, your employer and your corporate client, as the case may be, (collectively “You”) and TOTA. You are required to read the Terms & Conditions and accept all of its provisions before You may download any image from the Website. By registering on the Website, You confirm that You have read all of the Terms and Conditions and that You will abide by and be bound by them.
If You do not wish to be bound by the Terms & Conditions, kindly do not use the Website.
Modifications to the Terms and Conditions
TOTA reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Website and/or the images that appear on the Website after such changes indicates Your acceptance of the Terms and Conditions as modified. It is Your responsibility to review the Terms and Conditions regularly. The Terms and Conditions were last updated on June 28, 2007.
Copyright in Images
All photographs, illustrations, digital art and other forms of images on the Website (the “Images”) are the property and copyright of TOTA and its contributing artists and licensors.
- What You CAN do with the Images: The Images may be used only in free promotional materials such as print advertising, websites, presentations and brochures that promote tourism such as accommodations, activities, services and tours, in the Thompson Okanagan.
- What You CANNOT do with the Images: Anything else. This includes merchandising or retailing purposes, placing the images on any product intended for resale, or used in any guidebook not produced by Thompson Okanagan Tourism Association, either printed or in electronic form.
Except as noted in Section A.1 above, the Images may not be copied or reproduced in any manner whatsoever.
- Unauthorized use of Images
- It is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another illustration.
- It is illegal to incorporate all or part of any Image into another image. Changing an Image does not give you any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.
- Liability for Unauthorized use of Images
Contributing photographers and licensors earn their living by licensing and controlling all rights to the Images. You agree that any unauthorized use, publication or transmission of any Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising there from.
- Terms and Conditions of Licensing
By concluding a request via the Website to License an Image, You will be permitted use a copy of the Image for the purposes outlined in A.1.
Your right to use and reproduce the Image will at all times be subject to and governed by the specific terms of License described by the following general terms and conditions:
The Image covered by the Terms & Conditions is and will remain the property and copyright of TOTA and/or the respective artist.
- Full disclosure
You warrant that You have supplied true and accurate information to TOTA to fully describe the manner in which the Image will be used, including the correct name and type of business of the end user of the Image. Note: The “end user” is the ultimate beneficiary of the License (e.g. if an ad agency uses an Image in a brochure for an airline, the airline is the end user of the Image, not the ad agency).
- Scope of rights
Only the rights described in the specific terms of License will be granted. No secondary rights whatsoever will be granted or implied unless specifically stated in the License.
- Non-exclusive Rights
Reproduction rights in the License are non-exclusive. No exclusive licenses are available from TOTA.
- Context of use
You hereby agree that:
- You will not use or permit the use of any Image in a defamatory, libelous, or pornographic context or contrary to ethical business practices;
- You are responsible for all text used and claims made in connection with Your use of any Image; and
- You will use the images only for the purposes outlined in A.1.
- Photo Credit
If the Image is to be used in an editorial context or for certain other media where the publishing of credit lines is the norm, then a credit line be given as noted as a condition of the Terms & Conditions.
- Right to Rescind
TOTA reserves the right to rescind the Terms & Conditions for any or all of the following reasons:
- If any of the information provided by You is deemed by TOTA to be incorrect, and You do not provide corrected information to TOTA’s satisfaction.
- If the proposed use of any Image by You is deemed by TOTA:
- to conflict with any limitations that were communicated to You by TOTA in the ordering process; or
- to breach of any of the terms, conditions, representations or warranties set out in the Terms and Conditions;
TOTA’s right to rescind the Terms & Conditions in all circumstances is and will be uncontestable and irrevocable. Nothing herein will prevent TOTA from rescinding a Terms & Conditions if TOTA is unable to contact You, or if You do not respond to a communication from TOTA.
- Copyright infringement
TOTA will be entitled to a compensatory fee equal of CAD $1,500 for each Unauthorized Use by You of any Image. “Unauthorized use” means any reproduction that is not specifically granted in the Terms & Conditions by TOTA, or any use outside of those specified in A1.
- Disposal of Copies of the Image
All reproducible copies of the Image in the control of You, Your employees, agents, representatives or suppliers must be erased or destroyed to prevent unauthorized use of the Image.
- Binding terms
Only the terms of the Terms & Conditions will be binding on TOTA. Any terms of Your requisition conflicting with any of the terms of the Terms & Conditions are not applicable. The terms of the Terms & Conditions may only be changed by written communication from TOTA.
Use of the Website and the Images is at Your sole risk. The Website and the Images are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose.
- Limitations of Liability
To the maximum extent permitted by law, in no event will TOTA be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Images or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Image whether based on contract, tort, strict liability or otherwise.
You agree to indemnify and hold harmless TOTA, its affiliates and Agents and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: Your use of the Website and/or any Image; Your breach of the Terms and Conditions; Your breach of the Terms & Conditions; Your infringement of any third party intellectual property rights; or any act or omission by You which results in:
- loss, damage, interference with or disruption to, the Website;
- use of the Website for any illegal purpose; or
- use of the Website to achieve any unauthorized or prohibited access to computer systems and data.
- If any provision of this Terms & Conditions violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Terms & Conditions will remain in force.
Ownership of this Website
The Website is owned and operated by TOTA. The materials used and displayed on the Website, including, but not limited to the Images, text, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the “Content”) are the property of TOTA, its contributing artists or its licensors and are protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form.
When receiving a License or engaging in other transactions on the Website, You may be asked to provide certain information. TOTA respects Your right to privacy. As a result, we pledge to never release your personal information (email, address, etc.) to any outside agency. We will only use this information to serve you better. We may from time to time, with your permission, send you information we feel will be of use to you. If you prefer not to receive this type of information, just let us know by updating your user profile. We will take you off our list and not contact you again.
“Thompson Okanagan Tourism Association”, “Life is Good” and all associated trademarks and logos are registered trademarks of Thompson Okanagan Tourism Association. Unauthorized use is prohibited.
All images must be credited with photographer/TOTA (ie Don Weixl/TOTA)