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Terms & Conditions of Use
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE AND ITS PRODUCTS.
This website is owned and operated by Daniel Romani/Subtle Sensor Photography (“DR/SSphoto”). Access and use of this website is provided by me to you on condition that you accept these Terms and Conditions of Use, and by using this website, you agree to be bound by and accept these Terms and Conditions of Use. If you do not agree to accept and abide by these Terms and Conditions of Use you should not access or use this website.
“I”, “me”or “DR/SSphoto” = Daniel Richard Romani/Subtle Sensor Photography.
“You” = The user of this website, images or content therein of which you are not the author (i.e. everything except your own comments).
“access” or “use” of the website = downloading, linking to, excerpting, referencing, disseminating, licensing or buying any image, page, blog post or part thereof.
You must be at least 18 years of age to use the website and accept this Agreement.
Changes to the Terms and Conditions of Use
I “DR/SSphoto” may revise and alter these Terms and Conditions of Use at any time and without notice. You are cautioned to review them periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
Plain-speak: I can make changes to these terms whenever I want without notifying anyone.
You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
Plain-speak: don’t do anything illegal on or with my website.
Site Content and Intellectual Property
All materials (including the organization and presentation of such material) on this website (the “content”) are the property of “DR/SSphoto”, are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
The content can be bought under Royalty Free Licence basis, and used for your own, commercial, personal or educational purposes, provided that the copyright and other intellectual property notices are not deleted, cropped out or removed.
You agree that usage of any images on the website shall be at your sole risk. In other words, you assume sole responsibility to ensure that your usage of an image complies with the laws of your country and concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree, when feasible, to include the copyright information from the image file in the form of a legally effective copyright notice in substantially the following form: “Daniel Romani [Year] http://subtlesensor.com/”
I update the information on this website regularly. However, I don’t guarantee accuracy or completeness of the information and can’t accept any responsibility or liability if you make use of it without independent corroboration. I may revise, supplement or delete information, services and/or the resources contained in the website and I reserve the right to make such changes without prior notification to past, current or prospective visitors.
Plain-speak: The content on this site is mine (unless stated otherwise) and I retain copyright and intellectual property rights. I’m happy to license usage of the content for an appropriate fee (agreed separately) and I’m okay for you to make personal use of the content as long as you display my website address with the image and/or link directly to my site.
I might change the content or present altered images and I might get things wrong because I’m only human, so bear that in mind.
Prohibited Images Usage
Generally you may not do any of the following without my express written permission (this list is not exhaustive):
Use an image in products in which the image is a dominant feature if the product is to be subsequently sold or distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints, paintings, and calendars.
Use the image in screen savers, software, web page builders, galleries, or any system where the image file can be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of users. Images may not be included in image libraries.
Display or post entire images in a format or size larger than 800 by 600 pixels without clearly displaying my copyright notice and/or linking directly to my site.
Use images in any way that violates the rights of individuals, including for example, intrusion of privacy etc.
Use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
Use images in a manner including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive, or pharmacological products.
Resell or distribute any image unless it is an integrated, inseparable part of a product and constitutes less than 50 percent of the overall product area, page layout or design.
Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
Use any part of an image in a trademark, service mark, logo, or part thereof.
Remove any copyright or trademark information from any image, file, or accompanying materials.
Plain-speak: You need to contact me before making any use of images or other content on the site to make sure I’m okay with what you plan to do and so we can agree on a suitable licence fee.
Permitted Image Usage
Edit, modify or alter images as necessary for your use, provided that the resulting image otherwise complies with this Agreement. The copyrights in all photos, art, images or other files obtained from this website and integrated into a derivative work will remain with me (or the content provider if I am not the copyright owner). If requested by “DR/SSphoto”, you agree to execute a written assignment of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable me to enforce its intellectual property rights.
In the normal course of work-flow, convey to third parties such as printers a temporary copy of a file that is integral to your work project and without which the project could not be completed.
Print or use the image for your personal use in any size provided that there is no subsequent sale or transfer to other persons.
Plain-speak: Once we’ve agreed on a suitable fee and it has been paid, you can do things like alter the content to suit your needs and make temporary copies if needed. You can also keep a copy for personal use only.
No resale or sub-licensing
You may not resell, distribute or sub-license image files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement. You must take reasonable measures to ensure that content to which I retain copyright is not vulnerable to misuse or theft through use in your project.
You expressly agree that use of all images or files distributed by “DR/SSphoto” is at your sole risk. I cannot warrant or guarantee that images are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible for ensuring that the publication, at your discretion, of an image obtained from this website does not violate any rights with respect to privacy, defamation, or rights of publicity. You further agree to indemnify me in the event a claim is made with respect to the rights described in this section.
Plain-speak: You can’t use my content for purposes outside of our agreement and you can’t give (or sell) usage rights to anyone else. You should also try to keep content you have licensed safe.
I can’t guarantee that you won’t get into trouble because of some aspect of my content that you’ve licensed – so don’t blame me if something does go wrong.
This website provides links to third party websites for your convenience only. The inclusion of these links does not imply that I monitor or endorse these websites and should not be construed to mean that I or my business is affiliated or associated with them. These other sites were independently developed by parties other than myself and I do not accept any responsibility for such websites or their content.
I shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. (That was a mouthful!)
Plain-speak: I’ve provided links to other sites because I’m nice. I’m not associated with those other sites and I don’t bear any responsibility for stuff that happens after you leave my site.
Internet software or computer viruses
I shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the content from this website. I recommend that you install appropriate anti-virus or other protective software.
Plain-speak: If you get a virus, its not my fault (I don’t make viruses) – I suggest you get a good anti-virus program before you start using the internet.
Under no circumstances shall I be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including – but not limited to – lost profits and business interruption, irrespective of the type of cause of action, arising in any way from the use of content or the website even if you advise me of the possibility of such damages.
In no event shall my liability exceed the fees paid for the use of the files. No oral advice or written information provided by me shall be construed as a warranty; nor should you rely solely on such advice without independent corroboration. You acknowledge that this section of the Agreement shall apply to all content, images and services available through “DR/SSphoto”.
In those areas that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Plain-speak: If someone sues you as a result of your use of content licensed from me, that’s not my fault and my liability will not be more than whatever you paid to use my content. After all, I already warned you earlier that stuff like this happens if you don’t do your research properly.
Termination of Use
I may, at my, sole discretion terminate or limit your use of the website for violation of any of the rules contained in these Terms and Conditions of Use, or for any conduct, whether by act or omission, which in my sole opinion adversely impacts the operation of the site. I may so terminate or limit your use of the site without prior notice to you. If such termination or limitation is for reasonable cause, I will not be obligated to refund any fees paid by you.
Plain-speak: If you break this agreement, do something to damage my business or even just annoy me too much, then I may block all your comments or take other measures to keep you off my site.
If any provision or part thereof of these Terms and Conditions of Use is wholly or partially unenforceable or, in the event that the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
Plain-speak: Just because I don’t police my site or get anal about this agreement, doesn’t mean it’s okay for you to ignore the agreement. Additionally, I’m not a lawyer, so if parts of these terms aren’t realistic, then the closest realistic terms must be assumed.
Questions and Contact Information
If you have questions or concerns relating to this website or these Terms and Conditions of Use, please refer to the Contact page and send your questions.