Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek, Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2020-11-23
Retna: terms and conditions
TERMS AND CONDITIONS OF USE (DIGITAL AND ANALOG DELIVERY)
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RETNA LTD,
(hereafter "RETNA"). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image
reproduction rights on behalf of a company, you represent that you have
the authority and right to bind the company to the terms contained in this
agreement. RETNA reserves the right to alter, modify or update these terms
of use at any time and you agree to be bound by such modifications,
alterations or updates.
Comp Use: RETNA grants you a personal, nontransferable, nonexclusive right
to copy the Images you have selected onto your computer hard drive and to
use the image(s) and any derivative works or copies (collectively, the
"Image(s)") on one computer and with one user at a time only. The Images
may only be copied, modified and incorporated in materials for sample use
including comprehensive layouts (“comp use”). The Images may not be used
in any final materials distributed internally or to the public. All other
rights are reserved to RETNA. You must contact RETNA to obtain a license
for additional use.
Other than the above Comp Use, Images may not be used in any way, until an
invoice indicating User's right to use same is paid in full. Unless
otherwise agreed, use of any Image is granted to the United States or
United Kingdom only and is limited to one year from date of invoice.
RESTRICTIONS AS TO USE
The following uses are prohibited:
Use of the Image beyond the terms of the limited license agreement without
first obtaining an additional license, including any electronic
reproduction or promotional rights.
Create any derivative use of an Image unless indicated on the invoice.
Use of the Image in a manner that is defamatory, pornographic or obscene,
whether directly or in context or juxtaposition with specific subject
Use of the Image in any way that violates a depicted person’s right of
privacy or publicity, or to infringe on any trade name, trademark or
Archive, republish or transmit and images on any database without RETNA's
prior written consent.
Copy or publish any of the Images to a network or bulletin board, or
otherwise distribute or allow any of the Images to be distributed to or
used by anyone other than the authorized users, without prior written
consent from RETNA.
Sublicense, re-license, rent or lease any of the Images.
Use of the Images to promote a business that sells or licenses
photographic images, or otherwise competes with RETNA in any manner.
Ship, transfer or export any of the Images into any country or use any of
the Images in any manner prohibited by any export laws, restrictions or
Images used editorially should bear a credit line as indicated by RETNA.
User must register copyright in their name to afford protection to the
photograph. Such copyright shall be immediately reassigned upon request,
RETENTION OF DIGITAL FILES:
Digital files may be retained for sixty (60) days or until the date
indicated on the invoice. Unless this period is extended in writing, you
must delete the Images from all electronic and removable media and destroy
any other copy of the Images, except as licensed under this Agreement.
RETNA's copyright information and Image identification number must be
retained with the digital files while you retain them.
Time is of the essence in the performance by User of its obligations for
Payment of the invoice herein is to be net thirty (30) days. Any claims
for adjustment or rejection of terms must be made to RETNA within ten (10)
days after receipt of invoice.
You agree to indemnify and hold RETNA, and the photographer, harmless from
any and all claims, liabilities, damages, costs and expenses, including
reasonable attorney's fees, arising from the use of an Image or any breach
of this agreement.
RETNA GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES,
TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART
DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY
RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE
SECURED. RETNA IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS
ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE
CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY
IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY
DIGITAL FILES ARE PROVIDED "AS IS." RETNA MAKES NO REPRESENTATION OR
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE,
QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER
EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. RETNA MAKES NO
REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED
OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL RETNA OR THE OWNER OF THE IMAGES BE LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A
RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON
THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF
THE IMAGE AND RETNA SHALL BE THE FEE PAID FOR THE IMAGE TO RETNA.
UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:
Since it is difficult to determine damages resulting from unauthorized
usage, in the event you utilize an Image other than for the usage
indicated on our Invoice, we agree to forego our right to sue you for
copyright infringement and you agree to pay, as liquidated damages, a
retroactive license equal to ten (10) times the normal price we would have
charged for such unauthorized use within ten (10) days of our billing such
fee. If you fail to timely make such payment, this liquidated damage
provision shall be void and we shall have the right to sue for copyright
infringement and/or breach of contract, for which we will shall seek all
damages and remedies available, including attorney's fees and all
DELIVERY OF IMAGES OTHER THAN DIGITAL FILES
RETURN PERIOD AND HOLDING FEES FOR IMAGES:
Images other than digital files are to be returned within four (4) months
after date of invoice, except in cases of outright purchase. User agrees
to pay, as reasonable charges, the sum of ten ($10.00) dollars per week
per image after such four (4) month period to date of return. NOTE THIS IS
NOT A BAILMENT. Holding fees will accrue for one year from the stipulated
return date, after which unreturned Images shall be deemed to be lost and
you will be billed for lost Image fees in accordance with the Liquidated
Damages provisions below. Payment of Lost or Damage fees does not entitle
you to any rights whatsoever in the Images, which must be returned to
RETNA immediately if subsequently found. You will then be liable for
holding fees rather than lost fees, whichever is less.
RESPONSIBILITY FOR ORIGINAL IMAGES
If original Images are delivered to User, User is responsible for loss or
damage to the Images delivered to them, from time of receipt until their
return to RETNA. User shall be responsible for safe delivery and return of
Images to RETNA and shall indemnify RETNA against any loss or damage to
Images in transit or while in the possession of User. This agreement is
not considered a bailment and is specifically conditioned upon the item so
delivered being returned to RETNA in the same condition as delivered.
Projection of Images is not permitted. User assumes an insurer's liability
herein for the safe and undamaged return of the Images to RETNA. Such
Images are to be returned by bonded messenger or by registered mail
(return receipt requested), prepaid and fully insured.
The monetary damage for loss or damage of an original color transparency
or photograph shall be determined by the value of each individual
photograph. User agrees, however, that the reasonable value of such lost
or damaged photograph or transparency shall be Fifteen Hundred ($1,500.00)
Dollars, and the value of a duplicate transparency shall be One Hundred
and Fifty ($150) dollars and the value of a black and white print shall be
Thirty ($30) dollars. RETNA agrees to the delivery of the goods herein
only upon the express covenant and understanding by User that the terms
contained in this section are material to this agreement. User assumes
full liability for its employees, agents, assigns, messengers and
free-lance researchers for the loss, damage or misuse of the Images.
Any and all disputes, with the exception of copyright claims, arising out
of, under or in connection with this agreement, including, without
limitation, the validity, interpretation, performance and breach hereof,
shall be settled by arbitration in New York State pursuant to the rules of
the American Arbitration Association or the courts of the United Kingdom.
Judgment upon the award rendered may be entered in the highest court of
the forum, State or Federal, having jurisdiction. This agreement, its
validity and effect, shall be interpreted under and governed by the laws
of the State of New York. If User of this contract is an agent for or an
employee of a non-U.S. or U.K. Company but operates in a place of business
in the United States or its territories or the United Kingdom, said User
expressly agrees that any dispute regarding this contract shall be
adjudicated within the United States or United Kingdom in the manner
Copyright claims shall be brought in the Federal Court having
jurisdiction. U.S. User agrees to be subject to the jurisdiction of the
Federal Court of New York.
If RETNA is caused to present claims or suit as a result of any breach of
the above terms set forth, it shall be made whole for such reasonable
legal fees or costs by User.
This agreement is not assignable or transferable on the part of User.
In the event that any Images are used by User in publications, User shall
provide RETNA with two (2) free copies of such publication immediately
This contract contains all the terms of the agreement between us (RETNA
and User) concerning transmission, delivery and review of Images, and no
term or conditions may be added or deleted unless made in writing and
signed by both of us. These terms and the terms of any subsequent invoice
supersede any and all terms of the client's purchase order. Any subsequent
invoice you may issue may contain additional terms relating to the rights
granted and the type of usage allowed.