Terms & Conditions of Use

The paradisal.ca website (the "website") is an online photography database provided by Paradisal Imagery Inc ("Paradisal") to commercial users of stock images. Paradisal is in the business of selling Royalty-Free stock images for use in print advertising/design to web design.

The following terms and conditions (the "TERMS & CONDITIONS") govern your use of the website and form a legal AGREEMENT between you, your company and your employer as the case may be, (collectively "YOU") and Paradisal. You are required to read the Agreement and accept all of its provisions before you download any image from the website. By registering on the website, you confirm that you have read all of the TERMS AND CONDITIONS and that YOU will abide by and be bound by them.

If you do not agree, click on your browser's BACK button to decline this agreement.

Modifications to the Terms and Conditions

Paradisal reserves the right to change the TERMS AND CONDITIONS at any time without prior notice. Your continued access or use of the website and/or the images that appear on the website after such changes indicates your acceptance of the TERMS AND CONDITIONS as modified. It is your responsibility to review the TERMS AND CONDITIONS regularly.

A. Terms and Conditions of Use of Digital Media

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PARADISAL IMAGERY INC. ("Paradisal"). BY DOWNLOADING AN IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON YOUR BROWSER'S BACK BUTTON TO DECLINE THIS AGREEMENT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

Grant of License

Paradisal grants to you and your employer, if you are licensing on behalf of your employer, a nonexclusive, non-sublicensable right to use any image and any derivatives or copies, obtained hereunder (collectively, "Digital Media"), on your personal computer. The Digital Media, may be shared by creating a disc library or through Digital Media storage on one (1) computer.

The Digital Media may be used on a worldwide and perpetual basis as a part of:

  1. ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
  2. ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including in web page design);
  3. ANY PRODUCTS (including for sale products) or PUBLICATIONS (electronic or print);
  4. materials for PERSONAL, NONCOMMERCIAL use and SAMPLE use, including COMPS and LAYOUTS.

You may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. All rights not specifically granted in this AGREEMENT are retained by Licensor(s).

Except as specifically provided in this AGREEMENT:

  1. No Digital Media may be shared or copied; and
  2. Use of the Digital Media, or any part thereof, as a trademark or service mark is prohibited.

Pornographic use, use which would be defamatory or libelous absent the consent of the model or use which is otherwise unlawful is prohibited.

No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, and without limiting the foregoing, the Digital Media may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of the Digital Media (including digital files) as an integral part of work product, but may not be provided with the Digital Media or permitted to use the Digital Media separately. One copy of the Digital Media may be made for backup purposes only but may only be used if the original Digital Media becomes defective, destroyed or otherwise irretrievably lost.

The Digital Media shall not be included in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

Warranty

Licensor(s) warrants the Digital Media to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media or refund of the purchase price, at Licensor(s)' option. LICENSOR(S) MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR(S) NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

Transfer/Assignment

This Agreement and the license to use the Digital Media may be transferred to another person or legal entity if:

  1. you, or your employer if you are licensing on behalf of your employer, transfer the Digital Media without keeping or storing any copy;
  2. you, or your employer if you are licensing on behalf of your employer, do not to utilize any Digital Media in the future in any manner;
  3. you, or your employer if you are licensing on behalf of your employer, transfer this physical agreement to the transferee; and
  4. the transferee agrees to be bound by the terms hereof.

Termination

The license contained in this agreement will terminate automatically without notice from Licensor(s) if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately:

  1. stop using the Digital Media;
  2. return the Digital Media and all copies of it to Licensor(s);
  3. delete the Digital Media and all copies from all magnetic media; and
  4. destroy all other copies, or upon request of Licensor(s), return all such copies to Licensor(s).

General

All rights to the Digital Media are owned by Licensor(s) and are protected by Canadian copyright laws, international treaty provisions and other applicable laws. The Digital Media are licensed only to you or your employer, if you are licensing on behalf of your employer.

Use of the Digital Media must be in compliance with all applicable Canadian laws including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor(s) reserves the right to discontinue the use of any Digital Media for any reason and elect to replace the Digital Media with an alternate Digital Media. Upon notice of any discontinuance of a license for a particular Digital Media, you, your employer and your client, if applicable, agree not to use such Digital Media in the future.

Governing Law

This agreement will be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its laws relating to conflicts of law. Any dispute, controversy or claim arising out of this contract, including any question regarding its existence, validity or termination, shall be submitted by any party to be finally resolved by arbitration under the Ontario Arbitration Act, 1991 (the "Act"). The Act is incorporated by reference into this clause. The place of arbitration shall be Ottawa, Ontario, Canada.

Notwithstanding the foregoing, Licensor(s) shall have the right to commence and prosecute any legal or equitable action or proceeding before any Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Licensor(s), such action is necessary or desirable.

B. Ownership of this Website

The website is owned and operated by Paradisal Imagery Inc. The materials used and displayed on the website, including, but not limited to the Images, photographs, names, logos and trademarks (collectively, the "Content") are the property of Paradisal, its contributing artists or its licensors and are protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of Paradisal or subject to the terms of a Licence.

C. Copyright in Images

All photographs on the website (the "Images") are the exclusive property and copyright of Paradisal and its contributing artists.