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Terms & Conditions - D.K. MacKinnon Photography
A signature in black script of "D.K. MacKinnon" above the website address "www.dkmackinnon.ca" on a white background.

Terms & Conditions

Access and Limitations

All purchased digital products (“Products”) are obtained through either the Shop or Galleries. All Products may be used immediately upon completion of the download. No reproduction of any Product image is authorized until payment in full has been received.

If you set up an account on this site, you agree to be bound by all the terms of this Agreement when you set up your user account with us, and you confirm your acceptance of these terms and conditions each time you download any Product, whether or not you have logged in or set up a user agreement.

Digital Image Format

All Product images are in 8-bit TIF format at 300 DPI (dots per inch) and maximum resolution so as to be ready for printing.

Disclaimer

No advice will be provided regarding the use of your Product. All Product images are sold as-is and no additional editing or requests for modifications will accepted.

The purchaser is responsible for printing said Product images if they so wish. No responsible is taken for purchaser hardware limitations with regarding to viewing or printing said Product images.

The information provided on this site is not guaranteed to be free of errors or bias.

No warranties are provided as to the existence of any model, property, or other releases associated with said Product images.

No warranties are provided as to the use of names, trade marks, logos, uniforms, registered or unregistered designs, artistic works or other material depicted in any Product image, which may be subject to intellectual property rights or other restrictions.

No warranties are provided regarding the accuracy of the captioning, key-wording, or any other information associated with said Products.

Usage Rights

All Products are copyright of David MacKinnon. The purchaser is not permitted to claim ownership of said Product, nor may they alter said Product. The purchaser of said Product images has been granted non-transferable and non-exclusive non-commercial license to reproduce said Product Images for personal use only.

The purchaser is not permitted to resell, reproduce, or redistribute said Product. The purchaser is not permitted to share said Product with friend, family, or any other third party.

Copyright

No interest in the copyright in any Product shall pass to the purchaser by virtue of this Agreement. 

The purchaser will promptly notify us of any actual or suspected infringement of the copyright in said Product within the licensed territory (“Infringement”) that comes to the purchaser’s attention. The purchaser will co-operate fully with us by taking all steps required by us (in our sole discretion) in connection with any Infringement.

Use Limitations

The purchaser must not incorporate said Product images, or any part of them, into a logo, trade mark, or service mark.

Product mages must not be used as references for creating drawings or other visual works unless express written permission is provided.

Product images must not be used in comps, presentations or layouts, nor may Product images be used in slide projections or other presentations, unless express written permission is provided.

Product images must not be used in a pornographic, obscene, defamatory, misleading, unlawful or offensive manner, whether directly or in context or by juxtaposition with other materials.

Product images must not be altered or manipulated, added to or have any part cropped or deleted unless express written permission is provided.

Product images must not be posted on social networking or file-sharing sites unless express written permission is provided.

Digital Rights Management

The purchaser may store the Product in a digital library, network configuration or similar arrangement to allow them to be viewed, but copyright or other identification embedded in the electronic files must be retained.

Credit

The purchaser must credit us whenever the Product image is used in the form indicated in the credit field or, if there is no such indication, “© D.K. MacKinnon”. If a credit line is omitted then an additional fee equal to 50% of the original purchase amount of the Product image in question shall be payable by the purchaser. 

Termination

The purchaser may be required to cease all use of the Product if it is reasonably believed that the purchaser’s use of said Product infringes the intellectual property rights of any third party, or breaches any applicable law or regulation.

No Liability

No liability, financial or otherwise, is accepted for any damages the purchaser may claim to have arisen from use of said Product. No liability, financial or otherwise, is accepted for any information provided by this website.

The purchaser agrees to indemnify and hold harmless against any claims, damages, losses, expenses or costs (including any direct, indirect or consequential losses, loss of profit and loss of reputation and all interest, penalties and legal costs and other expenses) arising in any manner whatsoever from or as a result of the purchaser’s unauthorized use of any Product, or any other breach by the purchaser of any of their obligations under this Agreement.

Payment Terms

Full payment is required prior to download of any Product.

No Refunds

All sales are final upon completion of the download process, and no refunds will be provided for any Product.

In the unlikely event that the Product has not downloaded correctly, the purchaser has 7 days within which to request a replacement Product in digital format.

Privacy

See our Privacy Policy for how we guard your privacy.