Image Usage / Pricing

 

In order to continue to provide and improve on our image selections, Capture PG has created a very basic “Rights-Managed” offer.
Rights-Managed means that there is a minimal fee for each use/application of each Licensed Capture PG Image.

We have avoided the traditional Rights-Managed fee structure (usually in the range of $1,000+ an image) so that this initiative truly becomes
an affordable and useful resource for promoting and highlighting the benefits of our community and region.

Capture PG images are available in two sizes at two price points.

If you have any questions about our images or usage policies, please feel free to contact us.

 

Licensing Agreement

CAPTURE PG is an initiative between Splash Media Group Inc. and Alex Zander Photography (AZ Photo). All billing and correspondance will be handled by Splash Media Group Inc. By purchasing and utilizing these photographs and/or video footage, you are agreeing to this LEGAL AGREEMENT made between you the user, and Splash Media Group Inc.

This agreement applies to all images and video footage owned by Splash Media Group Inc. and AZ Photo, supplied through CAPTURE PG. This Agreement is made on the day of purchase between Splash Media Group Inc. of the on part and you the User, of the other part. In consideration of you paying the agreed license fee and in consideration of your agreeing to be bound by the terms and conditions contained in this legal agreement, Splash Media Group Inc. and AZ Photo agrees to allow you to use the image(s) and/or video footage in the manner permitted by this Agreement on the terms and conditions as follows. HERE ON IN, THIS AGREEMENT IS REFERRED AS BETWEEN CAPTURE PG (Licensee) AND YOU, THE USER (Licensor).

1. DEFINITIONS
1.1 Licensed Image means, any still image, photography, video footage, reproduction or any other product protected by copyright, trademark, patent and/or other intellectual property rights, which is licensed to Licensee by Licensor under the terms of this Agreement.
1.2 Reproduction means any form of copying or publication of the whole or a part of any Licenced Image. Reproduction also includes the manipulation of the whole or a part of the Licensed Image.

2. GRANT OF RIGHTS
2.1 In consideration of the obligations, warranties and undertakings of CAPTURE PG in this Agreement, and subject to and conditional upon their full and timely performance and observance, CAPTURE PG grants to the User a non-transferable non-exclusive license to use the purchased Licensed Image(s).
2.1.a. CAPTURE PG grants you a license to use the Licensed Image(s) on a non-exclusive and non-transferable basis in Canada, the United States and other countries. All other rights including without limitation, copyright, are retained by CAPTURE PG.
2.2 Each license given is a SINGLE USAGE LICENSE. A new license must be purchased for each use. No other employees or contractors may access or use the Licensed Image(s).

3. WARRANTIES OF THE USER
The User warrants and undertakes, confirms and agrees with CAPTURE PG:
3.1 That all rights of a proprietary and copyright nature and title in and to the photographic works and materials are expressly acknowledged as the property of CAPTURE PG and subject only to the non exclusive and non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the User aside from the uses specified in this Agreement.
3.2 The User shall use the Licensed Image(s) in the manner and in the context agreed by CAPTURE PG and as outlined in this Agreement and shall not by any act or omission impair or prejudice the copyright, or violate any moral right or deal with the photographic works or materials so that any third party might obtain any lien or other right of whatever nature incompatible with the rights of CAPTURE PG. User may modify or alter the Licensed Image(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to CAPTURE PG. However, no part, segment, or piece of any Licensed Image, no matter how small, may be used or merged in connection with other Image(s) or artwork so as to create a new Image, which could be regarded as derogatory, offensive, blasphemous, defamatory, obscene, pornographic, or libelous.
3.3 The User shall ensure that all copies of the Licensed Image(s) and materials published and distributed by the User is permitted under limited license from CAPTURE PG. CAPTURE PG requests that credit (link, etc.) be given to CAPTURE PG. However, this is a request, not a requirement.
3.4 The User shall give full particulars to CAPTURE PG as soon as the User becomes aware of any actual or threatened claim by any third party in connection with the photographic works.
3.5 The User shall retain total control and possession at all times of the Licensed Image(s) and materials and ensure that these are kept in safe and secure storage facilities and shall not allow the materials to fall into the hands of third parties who are not licensed by this Agreement.
3.6 The User shall indemnify and keep fully indemnified CAPTURE PG from and against all actions, proceedings, claims, demands, costs (including any legal costs compensation costs and disbursements paid by the User on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non- performance by the User of any of the User’s undertakings, warranties or obligations under this Agreement.
3.7 The User warrants and undertakes not to assign or license the use of the photographic works and materials or any Licensed Image(s) or any portion thereof for any purpose other than those purposes specifically agreed between CAPTURE PG and the User under this Agreement. In particular, the User may not loan, rent, hire, otherwise transfer, or purport to transfer the right to use the photographic materials or works in any way to any other person or entity.
3.8 The User accepts that CAPTURE PG supplies the Licensed Image(s) "as is" and that CAPTURE PG makes no warranty either express or implied of merchantability, fitness for purpose, type or quality of image or compatibility with any other facility. CAPTURE PG shall not be liable for any of the use of the said Licensed Image(s) either as permitted under this license Agreement or otherwise.
3.9 The User accepts and warrants that use of the Licensed Images(s) shall not infringe any third party rights of any nature, and any liability for the infringement of third party rights of whatsoever nature shall rest with the User.

4. PER USE DEFINITION
Each component a Licensed Image is used, is considered a use. For instance, if you would like to use the image for your website as well as your catalogue, that would be considered as two uses. If you are looking to utilize a Licensed Image for an ongoing campaign that does not change, it would be considered as a single use. If your print campaign consists of various print sizes, however the content of the campaign is the same, it is considered as a single use.

5. PAYMENT TERMS
5.1 The User agrees to pay in advance for the licensed use of the Licensed Image(s) as agreed under the terms of this Agreement BEFORE any use, unless otherwise agreed upon.
5.2 The User warrants, undertakes and accepts that permission to use the said Licensed Images(s), the subject matter of this Agreement will only be deemed to have been given once you have received the ordered image(s), and the User fully accepts that the User has no right to use the said photographic works in any manner until the said remuneration has been paid.
5.3 You must pay the invoice no later than thirty (30) days from receipt. Splash Media Group Inc. (CAPTURE PG) will charge a five percent (5%) service charge on all unpaid balances. Pricing for images is available on CAPTURE PG web site or by calling Splash Media Group Inc. at 1-250-562-6255.

6. LIMITED WARRANTY
CAPTURE PG confirms that it has the right to enter into this Agreement and has the right to grant this license under these terms. CAPTURE PG warrants that the Licensed Image(s) are free from defects in materials and workmanship under normal use for a period of 30 days from the date you receive it. Except for the above conditions, CAPTURE PG provides no additional warranties, either express or implied, including an implied warranty of merchantability and suitability for a specific purpose. CAPTURE PG does not warrant that your requirements will be met, or that your use will be without errors or uninterrupted. All risk concerning the quality and performance belongs to you. If the image(s) prove defective in the application you are using them in, you (and not CAPTURE PG or an authorized personnel) assume the total cost of any repair, correction or servicing. Because not all states allow an exclusion of implied warranties, the above exclusion may not be applicable to you. Your rights under this warranty are specific and you may have others, depending on the state in which you live (applicable to U.S. Users only.)

7. DETERMINATION
It shall constitute repudiation by the User of its obligations under this Agreement if:
7.1 The User fails to pay any amount due under this Agreement.
7.2 The User is in breach of any other term of this Agreement.

8. UNAUTHORISED USE OF LICENSED IMAGE(S)
8.1 Unauthorised use of any CAPTURE PG material(s) will be invoiced to the Violator along with this agreement and a minimal fine fee of $100 CDN, per infraction. The fine fee may vary depending on the infraction and the use of the image(s) and/or video footage.
8.2 In cases where unauthorized use of CAPTURE PG material happens on more than one occasion, or for multiple infractions, court action will be implemented for breach of use of copyright material.
7.3 Licensee agrees to indemnify and hold Licensor harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorised use of any Licensed Material or for Licensee's breach of any of the terms of this Agreement.

9. LEGAL FEES AND JURISDICTION
9.1 The provisions of this Agreement shall be governed by and construed in accordance with the laws of Canada.
9.2 Full understanding This Agreement contains the full and complete understanding between the parties, and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement, and may not be varied except by an instrument in writing signed by all the parties to this Agreement.

10. APPLICABLE TAXES
User agrees to pay all taxes and duties, including sales taxes, use taxes, value added taxes, and any duties as required by any jurisdiction or country as a result of this license which is granted to you, or for your use of the Licensed Image(s), according to this Agreement.

11. ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT OF THIS AGREEMENT.

©2009 CapturePG. All rights reserved.