THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND DIJITALIMAJ,
RELATING TO THE USE OF DIJITALIMAJ'S WEB SITE, DOWNLOADING OF IMAGE
FILES FROM SUCH WEB SITE, AND THE LICENSING OF IMAGES BY DIJITALIMAJ
When you download image files from this web site, or receive image
files from Dijitalimaj through any other means, or receive images from
Dijitalimaj via film or any other medium, you agree to and accept all
the terms of this Agreement.
If your actions are on behalf of your employer or another third party,
then all the terms and conditions of this Agreement apply to you and
your employer or other third party.
Images are not to be used in any manner without expressed permission
from Dijitalimaj. All images are licensed under the terms and conditions
as specified at time of purchase. No image licenses are valid until
Dijitalimaj has received payment in full. Image usage without prior
payment and Dijitalimaj's express written authorization is a copyright
violation. All rights not specifically granted are retained by Dijitalimaj.
Images are not sold; their use is licensed and they remain the sole
and exclusive property of Dijitalimaj and the individual photographer,
artist or illustrator.
Images or image files cannot be distributed or re-sold independent
from a product and may not be used in a manner allowing permanent storage
or re-use by third parties. No licenses may be sublicensed, transferred
or assigned. You agree not to make, authorize, or permit any use of
any image except as specifically set forth here and on the invoice you
Failure to comply with any of the provisions of this Agreement may
result in immediate revocation of the license granted.
All images licensed by Dijitalimaj, whether Rights-managed or Royalty-free,
are copyrighted and protected by the intellectual property laws of the
Republic of Turkey.
You agree to provide each reproduction of an image with a credit line:
©photographer's name/Dijitalimaj, Inc. You agree to provide statutory
copyright protection of the image by timely registering the work you
created or the work in which the image appears, and such copyright shall
be immediately assigned to Dijitalimaj or the photographer, artist or
illustrator, upon request and without charge. Dijitalimaj has the exclusive
right to pursue any copyright infringement without regard to the rights
granted. In the event that Dijitalimaj pursues a copyright infringement
and receives an award or settlement, its liability to the licensee shall
not exceed that portion of the license, if any, paid for conflicting
License Granted for Rights-managed Images
All licenses granted by Dijitalimaj for the use of Rights-managed images
are limited to a period of one year on a non-exclusive basis, for a
geographical distribution limited to the country in which the license
is granted, unless otherwise specified at time of purchase and specified
on your invoice. All rights specifically granted, as specified on your
invoice, including but not limited to derivative uses, electronic, CD-ROM,
on-line, or promotional rights, are reserved for use and disposition
by Dijitalimaj without any limitation whatsoever.
License Granted for Royalty-free Images
All licenses granted by Dijitalimaj for the use of Royalty-free images
are on a worldwide, non-exclusive and perpetual basis, subject to the
terms, conditions, restrictions and limitations as set forth in this
Agreement, unless otherwise specified at time of purchase and specified
on your invoice.
Royalty-free images may be shared via storage in an image library accessible
by no more than ten (10) specific individuals. Access may only occur
individually. Multiple simultaneous accesses is not permitted by this
If you obtain Royalty-free images from Dijitalimaj via a CD, you agree
to abide by the END USER LICENSE AGREEMENT which will be or has been
made available to you along with the delivery of the CD.
License Granted for Comping Images
You are entitled to download comping image files, whether Royalty-free
or Rights-managed images, from Dijitalimaj's website, subject to the
terms of this Agreement. These image files are intended for viewing
of the image in more detail and for placement purposes only in unfinished
products. Such permission to use comping files is not to be construed
to be a grant of a license for usage.
No licenses are granted until full payment of our invoice is received.
Payment of Dijitalimaj's invoices must be received on the sooner of
thirty (30) days of its date net, without any discounts, or prior to
the publication of any image. You agree to pay Dijitalimaj a service
charge of two (2) percent per month on any unpaid balance after this
time period or the use of the image.
Any disputes concerning the invoice must be submitted in writing, within
five (5) business days of the invoice date, or you shall be deemed to
have accepted the invoice as issued.
Cancellation Policy for Rights-Managed Images
By issuing a license for a Rights-managed image, Dijitalimaj has reserved
certain rights for your use. If you decide not to utilize these rights,
you must notify us in writing within five (5) business days of the invoice
date to be eligible for a complete refund. After this five (5) business
day period, and up to thirty (30) days from the invoice date, you will
be subject to a cancellation fee equal to fifty (50) percent of the
invoice amount. Thirty (30) days from the date of the invoice, there
will be no refunds issued and the invoiced amount must be paid in full.
Credits due for cancellations will first be applied to any unpaid balance
before refunds are issued.
An additional minimum service fee of US$100 will be charged if you
have downloaded any hi-resolution image file, whether or not you have
been invoiced for the license at the time Dijitalimaj receives notification
of your cancellation. Other service fees, such as for CD delivery, will
be in addition to this minimum service fee.
Cancellation Policy for Royalty-Free Images
Due to the liberal nature of the licenses for Royalty-free images,
all licenses are final; no refunds or credits will be allowed. The successful
completion of the download by you of any Royalty-free image is considered
to be the complete fulfillment of Dijitalimaj's obligations.
Unauthorized Use of Images
In the event that 1) you utilize any image, whether Rights-managed
or Royalty-free, without or prior to the granting of a license, or 2)
you utilize any Rights-managed image for any use other than that indicated
on the invoice, including but not limited to the number of uses, the
publications utilized, or the size or reproduction, Dijitalimaj reserves
the right to seek damages through legal channels unless you agree to
reimburse Dijitalimaj as follows.
Since it is difficult to determine damages resulting from unauthorized
usage, Dijitalimaj agrees to forgo our right to sue you for copyright
infringement on the condition that you agree to pay, as liquidated damages:
- a sum equal to four (2) times the normal price we would have charged
for such use of a Rights-managed image, or
- a sum equal to ten (5) times the normal price we would have charged
for such use of a Royalty-free image.
Dijitalimaj will calculate a usage fee by relying in good faith on
the information you provide and will issue an invoice detailing the
If you fail to make the payment as outlined above within ten (10) days
of our billing such fee, this liquidated damage provision shall be void
and we reserve the right to sue for copyright infringement plus attorneys'
fees and all associated costs.
Releases, Permissions, and Sensitive Subject Usage
Unless our invoice specifically indicates an image has a model or property
release, it is not to be construed that such a release exists.
Dijitalimaj gives no rights or warranties with respect to the use of
names, trademarks, logos, registered or copyrighted designs or works
of art depicted in any image, and you must satisfy yourself that all
necessary rights, consents or permissions as may be required for reproduction
You agree not to use any image in a defamatory manner or context, either
by changing it or by any accompanying text. Advance written permission
is required for use of images that depict any illegal goods or activities,
or any sensitive subjects, including but not limited to, contraception,
matters of a sexual nature, substance abuse, domestic violence, alcohol,
tobacco, AIDS, cancer, acts of violence and other serious physical or
You agree to hold Dijitalimaj harmless from any and all claims and
expenses arising from your use of an image. If you utilize an image
prior to paying our invoice, or without our expressed permission in
regard to sensitive subjects, we are relieved of any claim concerning
the image's use or publication because it was published without permission.
Dijitalimaj reserves the right not to permit reproduction of an image
for any reason whatsoever. Under all circumstances, our liability is
strictly limited to the invoice price for the use of the images involved.
Delivery and Return of Film
If you obtained the images from Dijitalimaj in the form of film, whether
they are originals or duplicates, you may retain the film for a period
of three (3) months after date of invoice. Note: This is not a bailment.
After that date, unless this period is extended in writing, you will
be charged a holding fee of one dollar ($1) per day per image until
their actual receipt by Dijitalimaj. Holding fees will accrue for eight
(8) months from the stipulated date of return, fourteen (14) days from
receipt, after which such unreturned images will be deemed to be lost
and you will be billed for holding fees accrued to that date and the
lost image fees in accordance with the provisions below.
The film was inspected prior to shipment. We verified their quality.
They were sent to you in perfect condition. By retaining the film, you
accept all responsibility for loss of or damage while they are in your
possession or in transit, from the time you or your representative,
agent or messenger take possession of the film until their safe and
undamaged receipt by Dijitalimaj. You assume full liability for your
employees, agents, assigns, couriers, messengers, freelance researchers,
researchers, clients and printers for the loss, damage or misuse of
the film. We highly recommend you return film by bonded messenger or
registered mail - return receipt requested, fully insured and adequately
packaged, and that you obtain a receipt proving delivery to Dijitalimaj.
Both of us agree that it is difficult to determine in advance the amount
of monetary damage due to the loss or damage of an original transparency,
print or negative (a lost or damaged image). Accordingly, we both agree
that the establishment of a reasonable liquidated value for any lost
or damaged image is in both our interests. We both accept the sum of
fifteen hundred dollars ($1,500) as the liquidated value of a lost or
damaged image. The liquidated value of a duplicate transparency or print
is agreed to be one hundred and fifty dollars ($150). Dijitalimaj stipulates
that a digital file has no liquidated value. Dijitalimaj agrees to deliver
the photographs to you only upon your express agreement to the terms
in this paragraph. If you do not accept this liquidated damage provision,
or the arbitration clause below, please contact us immediately regarding
the return of the images.
No Waiver, Complete Contract
The terms set forth in this Agreement, any delivery contract and invoice,
represent our entire agreement concerning the delivery of images to
you, your review and usage thereof. All prior understandings or representations,
whether written or oral, based on "industry custom" or past dealings,
are hereby merged in this contract. No terms or conditions may be added,
removed or modified unless made in writing and signed by both parties.
No action of ours, other than an express written waiver, may be construed
as a waiver of any part of this contract, and no employee of Dijitalimaj
is authorized to waive it orally. In the event we waive any specific
part of this contract, it does not mean we waive any other part.
A material part of this contract is our mutual agreement to arbitrate
disputes, except for copyright violations, which will be litigated solely
in Republic of Turkey court. Any and all disputes arising out of, under
or in connection with the contract, including without limitation its
validity, interpretation, performance and breach, shall be settled by
arbitration in Istanbul, pursuant to the rules of the Turkish Arbitration
Association in effect at the time arbitration is demanded. Judgment
upon any award rendered may be entered in the highest court of the forum,
state or federal, having jurisdiction. This contract, its validity and
effect shall be interpreted under, and governed by, the laws of Republic
of Turkey, and you agree that the arbitrators shall award all costs
of arbitration including legal fees, plus legal interest, to the successful
Governing Law and Jurisdiction
This contract, its validity and effect shall be interpreted under,
and governed by, the laws of the Republic of Turkey and shall be considered
to have been made and accepted in Turkey. All suits that may be brought
in regard to this contract, or any aspect of the relationship between
the parties, shall be subject to the exclusive jurisdiction of the Republic
If Dijitalimaj is obligated to go to court, rather than arbitration,
to enforce any of its rights, you agree to reimburse Dijitalimaj for
Dijitalimaj's legal fees and disbursements if Dijitalimaj is successful.