Lone Pine Photo Terms and Conditions

Here are the terms and conditions of the Lone Pine Photo website:

1) Terms & Conditions

This website is owned and operated by Lone Pine Photo, a division of CLN Enterprises Inc,, Saskatoon, Saskatchewan. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographic images ("content") and software is owned by Lone Pine Photo and its' photographers. All elements of this website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

This is a legal agreement ("Agreement") between You ("You," "Your," the "User") and the owner(s) of Lone Pine Photo ("Website," "We") which governs the use of images ("Images") obtained (downloaded or accessed in any other way) from our Website. By downloading an Image, You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are denied the right to download Images and/or use the Website in any way, for any purpose, at any time.

If You choose to log in, sign up to, provide Your information and/or use any facilities of the Lone Pine Photo Website, You are acknowledging approval of this Agreement in its entirety. If You do not agree You must not and may not use the Website or any services or links on the Website. You must accept and abide by these terms as presented here to You. Lone Pine Photo may refuse access to the site for any non-compliance for any reason whatsoever without prior warning or any explanation after taking any such action. By using Lone Pine Photo and/or downloading and/or uploading any material, You agree to be bound by this Agreement. This Agreement applies to You and, if You are using this Website on behalf of Your clients, these conditions still apply. Should You disagree with any of the terms stated here, please discontinue Your use of the site www.lonepinephoto.ca and remove all data You have uploaded or downloaded.

2) Copies

At Lone Pine Photo's reasonable request, You shall provide to Lone Pine Photo, free of charge, one (1) copy of any use made of an image licensed for Your use.

3) Copyright infringement

Lone Pine Photo will be entitled to a compensatory fee equal to the greater of $2,000.00 Canadian or ten (10) times the usual license fee for each Unlicensed Use by You of any image in addition to any other rights or remedies available to Lone Pine Photo under law (without You thereby acquiring any rights to the image). "Unlicensed Use" means any reproduction that is not specifically granted in the license granted by Lone Pine Photo, or any reproduction for which a license has not yet been paid.

4) Credit Lines

With all editorial rights managed photography, Lone Pine Photo should be credited with any reproduction of their work. The credit line would need to read: Name of the photographer © Lone Pine Photo. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgments or credits section. For all commercial and advertising uses, We would request that the licensee would use reasonable effort to provide the same credit line.

5) Delivery of the Images

On occasion, technical problems may delay or prevent delivery of Product and Services. While We will endeavor to avoid and minimize such disruptions where possible, You understand and agree that We cannot be held responsible for such disruptions. If You do not fully understand and agree to this condition, You must not use the service.

6) Disputes and Claims

Users of the Website have read, understand and agree to these terms and conditions. Objection to any terms must be made in writing within 10 days. The laws of Saskatchewan, Canada shall govern these terms and conditions, and any resulting arbitration shall take place within Saskatoon, Saskatchewan. Client/User assumes responsibility for all collection costs and legal fees incurred

by Lone Pine Photo should enforcement of these terms and conditions become necessary. In the event that any part of these terms and conditions are found to be invalid or unenforceable, the remainder of these terms and conditions shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of these terms and conditions shall not constitute a waiver of any other portion or provision of these terms and conditions.

7) Electronic signatures and contracts

Your use of the Website includes the ability to enter into Agreements and/or to make purchases electronically. By doing so You acknowledge that Your electronic submissions constitute Your Agreement and intent to be bound by and to pay for such Agreements and purchases. Your Agreement and intent to be bound by electronic submissions applies to all images relating to all transactions You enter into on this site, including notices of cancellation, policies, contracts and applications. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

8) Model & Property Releases

Unless specified by Lone Pine Photo in the Image details, no model releases or other releases for any Images are available. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Lone Pine Photo harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:

(a) no release was furnished by Lone Pine Photo in writing.

(b) the use of any Image exceeds the scope of the release provided by Lone Pine Photo.

The licensee will also indemnify and hold Lone Pine Photo harmless against all claims, liability, damages, and expenses (including legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity and

obscenity claims. Lone Pine Photo's liability for all claims shall not exceed in any event the total amount invoiced per particular Image. Lone Pine Photo makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any Image or the accuracy of captions accompanying any Images.

9) Restrictions on use

The Images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from Lone Pine Photo is required for use of any Images for sensitive subjects, including without limitation, topics that may depict the subject matter of an Image in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.

Lone Pine Photo reserves the right not to license an Image for any reason whatsoever.

You may only use a single copy of an Image on a single computer. You may only download the Images onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Images for any purpose except as otherwise provided in the Invoice. Notwithstanding the foregoing, You shall be allowed to make one (1) backup copy for security purposes only.

Upon termination or expiration of the license, You shall cease any use of the Images and promptly erase or destroy any reproducible copies of the same.

10) Rights Managed Licensing

All Images requested and purchased through Lone Pine Photo are offered on an

individual license basis - sometimes referred to as Rights Managed Licensing. The copyright of the Image is always retained by the photographer and Lone Pine Photo. The licenses serve to protect the rights of all the photographers,

Lone Pine Photo, the licensee and the subject matter of the Images. Rights management has advantages for the licensee as it can be used to limit the use of a particular Image, even allowing the use to be licensed exclusively, which effectively embargoes the use of the same Image within the requested media.

11) Termination of License

The license is in force unless it is terminated by Lone Pine Photo. If You do not comply with the terms and conditions of the license, then the license will automatically terminate and You must cease using the respective Image(s) immediately.

12) Usage Fee

A fee is payable to license any "rights managed" Image. This means the fee is based on how the Image is going to be used. This will be calculated by such factors as the print run, the medium, the reproduction size, the duration of the usage, the area for which the Image will be used and whether the requested use is exclusive or non-exclusive. Lone Pine Photo relies in good faith on the information provided by the licensee who uses the Lone Pine Photo price calculator to calculate the Image licensing fee. Incorrect information can lead to a surcharge on the originally agreed upon fee and/or may lead to a cancellation of the license. Calculation errors remain the responsibility of the licensee.

You are responsible for ensuring that all the information appearing in the Invoice is true, accurate and complete. Please check Your price calculations

carefully. There are no refunds upon download of an Image.

13) Usage Rights

When Images are licensed by Lone Pine Photo, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by Lone Pine Photo. All prices are for one time use in Canada unless otherwise stated. The license will state the media use, where it will be used, what size, the print run, the duration of the usage and the area for which the Image can be used.

The rights hereby granted to You are non-transferable which means that any work that You produce using an Image must be for Your own use or for the use of Your direct employer or client, who must be the end-user of Your work (as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice having been provided to Lone Pine Photo prior to licensing). In any such event, You hereby agree to be jointly and severally liable for any breach of the terms hereof by Your employer and/or client.

The images may be reproduced by subcontractors on your behalf under the condition that the subcontractors agree to abide by the terms of this Agreement. Notwithstanding the foregoing, and for the avoidance of doubt, You are not authorized to sublicense the images to anyone.

Unless otherwise stated in the Invoice, all licenses of the Images are granted for a one time use, in a single publication, single size, single territory, in one single language and for a term of one (1) year from the date the applicable Invoice is issued.

You may alter, crop, manipulate and create derivative works of the images in accordance with this Agreement.

You may not sell, license or distribute Your final product in such a way that permits other persons to extract or access an image as a stand-alone file.

You may not incorporate the image into a logo, trademark or service mark.

You may not post any image on any electronic bulletin board, put it on-line in a down loadable or FTP format, use it in a website at a resolution higher than 72 dpi or enable it to be distributed via mobile telephone devices.

You may not use the image in any electronic template or application, including those that are Internet-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 without obtaining a license from Lone Pine Photo for such purpose.

All rights not specifically granted to You are reserved. The license fee for the Images depends on the nature of the rights granted. Therefore, You undertake to obtain an additional license before undertaking any expanded use of any Image.

14) Website errors and omissions

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies, omissions or typographical errors. While We will endeavor to avoid and minimize such errors where possible, You understand and agree that We cannot be held responsible for them and usage of the Website is entirely at Your own risk.

15) Entire Agreement

This Agreement contains all the terms of the license agreement for the Images and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by You, the terms of this Agreement shall govern

16) Changes and updates to these Terms and Conditions

These Terms and Conditions may be revised periodically and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes.

17) Effective date, date last modified

These Terms and Conditions are effective as of September 1, 2011.