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THE FOLLOWING TERMS AND CONDITIONS APPLY
TO ANY FULL RESOLUTION IMAGE FILES, SCREEN RESOLUTION IMAGES OR THUMBNAILS
DOWNLOADED OR COPIED FROM THE CANADIAN PRESS PICTURE ARCHIVE. IF YOU
AGREE TO ALL OF THE FOLLOWING, CLICK ON THE "I AGREE" BUTTON
AT THE BOTTOM OF THIS PAGE TO PROCEED TO THE ARCHIVE.
CP Members and Subscribers
1. Only CP members and subscribers of The Canadian Press in good standing
may have access to the CP Picture Archive under the terms described
on this page.
2. CP members and subscribers who download
or copy images from the CP Photo Archive are obtaining only a license
to use the image(s) as further described below. The Candian Press and
its licensors retain all ownership and copyright privileges connected
to the image(s).
3. For CP members who receive the CP PhotoNet
service, this agreement supplements the CP Picture Service agreement.
Photo service members and subscribers may use images downloaded from
the CP Picture Archive subject to the same terms and conditions that
apply to images delivered as part of their photo service.
4. For CP members who do NOT receive a
CP Picture service, downloading an image from the CP Phicture Archive
confers a license to publish that image ONE TIME ONLY in the CP member
publication whose account will be billed for the license. The image
may not be saved after publication in any form, whether in hard copy
or on digital storage medium, that would permit the unauthorized republication,
transfer, or any other use, private or commercial, of the image.
5. A member or subscriber's license to
use images from the CP Picture Archive expires immediately upon termination
or suspension of the CP contract. At such time, the member or subscriber
must immediately destroy all electronically stored copies of the images
in its archives, as well as any prints, and confirm this to CP in writing
within seven days.
6. Members and subscribers who download
high-resolution images from the CP Picture Archive will be charged for
each download. An invoice or draft, depending on current member/subscriber
preference, will be issued monthly detailing by user each photo downloaded.
CP Picture Archive Customers and
Other Commercial Picture Buyers
1. Only customers of CP/CP Picture Archive in Canada and abroad who
are in good standing, may have access to the CP Photo Archive under
the terms described on this page.
2. CP Picture Archive customers and commercial
picture buyers who download or copy images from the CP Picture Archive
are obtaining only a license to use the image(s) as further described
below. The Canadian Press and its licensors retain all ownership and
copyright privileges connected to the image(s).
3. Downloading an image from the CP Picture
Archive confers a license to publish that image ONE TIME ONLY. The image
may not be saved after publication in any form, whether in hard copy
or on digital storage medium, that would permit the unauthorized republication,
transfer, or any other use, private or commercial, of the image.
4. To obtain reproduction rights to images
in CP Picture Archive, commercial customers MUST contact CP and arrange
and pay for such rights. Professional picture buyers should contact:
CP Picture Archive
36 King Street, East,
Toronto, Ontario, Canada M5C 2L9
Phone: 416-507-2194
Fax: 416-364-9283
E-mail: picturearchive@cp.org
GRANT OF RIGHTS
CP Picture Archive grants its users a personal, nontransferable, nonexclusive
right to download images to use the images on one computer and with
one user at a time. The images may be incorporated in materials for
editorial publication only. Permission to make a one-time reproduction
does not include the right to authorize others to make any further use
of any image. ANY COPYING AND/OR MAKING OF EXTRA PRINTS IS FORBIDDEN.
No reproduction rights are granted or
implied. Images from CP Picture Archive cannot be sold or distributed
or used for advertising or purposes of trade unless written consent
of each living person depicted, or if a minor, of his or her parent
or guardian, shall be obtained, such consent to be provided to the CP
and licensee.
If any use shall violate, or shall be
claimed to violate, the rights of any person, firm or corporation, the
licensee agrees to save harmless CP from all liability, including reasonable
counsel fees and expenses, which CP may incur by reason thereof.
DERIVATIVE WORK
Photos taken from the CP Picture Archive may be edited but their content
shall not be distorted in any fashion.
MODEL RELEASES
The Canadian Press and CP Picture Archive do not convey model releases.
If necessary, it is the responsibility of the client to obtain release
prior to usage.
COPYRIGHT
Images from CP Picture Archive MUST carry the following credit:
- If used by a CP member or subscriber,
the credit must read: The Canadian Press or CP.
- If used by an CP Picture Archive customer,
the credit must read: CP Picture Archive
DISCLAIMER
The Photo Archive website and its contents are provided "as is."
CP Picture Archive excludes to the fullest extent permitted by applicable
law any warranty, express or implied, including, without limitation,
any implied warranties of merchantability, satisfactory quality, or
fitness for a particular purpose. Users, not CP Picture Archive, assume
the entire cost of all necessary servicing, repair or correction due
to the users use of this website.
Except as specifically stated in these
Terms of Use, or elsewhere on this website, or as otherwise required
by applicable law, neither CP nor its directors, employees, licensors,
content providers, affiliates or other representatives will be liable
for damages of any kind (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.
GOVERNING LAW
Unless contractually stipulated otherwise, the interpretation of this
agreement shall be governed by the laws of the Province of Ontario,
Canada. In the event that any matter related to this agreement is brought
to court, the CP Picture Archive user agrees to fully reimburse The
Canadian Press for its reasonable legal fees and disbursements if CP
is successful in the suit.
Copyright 2000. The Canadian
Press.
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