Terms & Conditions of Licensing

The www.britishcolumbiaphotos.com website contains a searchable database of photographic images made available by British Columbia Photos to commercial users and consumers of stock images. British Columbia Photos is in the business of licensing rights-protected stock photography images for application in editorial, corporate and advertising reproduction and in the business of selling finished fine art archival prints. These images are NOT royalty-free images nor clip art.

You may have downloaded an Image from British Columbia Photos, or been issued an image for comping or client approval. No rights will be granted to that image until a license has been issued by British Columbia Photos. Rights to use and reproduction of any and all images will at all times be subject to and governed by the specific terms of license issued by British Columbia Photos.

Copyright

All images on this website are legally protected from unauthorized use, under international copyright law, by British Columbia Photos. To view the collection you must agree not to publish, use in other websites or copy as photographs or artwork in commercial applications without agreement from British Columbia Photos.

Any image or images covered by the License is and will remain the exclusive property and copyright of British Columbia Photos. Copyright notice and image identification codes which appear in the image file must remain with digital copies of the image at all times.

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All license agreements must guarantee that you have supplied true and accurate information to British Columbia Photos. to fully describe the manner in which the image will be used, including the correct name and type of business of the end user of the image. The end user is the ultimate beneficiary of the license. ( ie. The end client who represents the image in their promotion, not the ad agency, designer, web developer or any other intermediary.

Copyright Infringement

British Columbia Photos will be entitled to a compensatory fee equal to the greater of U.S. $1,500 or ten (10) times the usual License fee for each Unauthorized Use by You of any Image. "Unauthorized use" means any reproduction that is not specifically granted in the License by British Columbia Photos, or any reproduction for which a license has not been paid.

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Model and Property Releases

A model release is specifically stated at time of license. A property release is specifically stated at time of license.

British Columbia Photos does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Images. The procuring of such releases is Your responsibility.

Scope of Rights

Only the rights described in the specific terms of the license will be granted. No secondary advertising or commercial rights whatsoever will be granted or implied unless specifically stated in the license.

Non Exclusive Rights

Reproduction rights in the License are non-exclusive unless otherwise stated in writing by British Columbia Photos in the License.

Request for Exclusivity

No image exclusivity will be granted or implied unless it is stated in writing by British Columbia Photos in the specific terms of License. If British Columbia Photos grants exclusive rights in a License, it will take reasonable precautions to avoid licensing the Image to others in a manner which, in its opinion, conflicts with the specific terms of License.

Exclusive rights may only be granted by British Columbia Photos, subject to the availability of such rights and subject to additional fees as determined by British Columbia Photos.

Sensitive Use Depictions

If any Image depicting a person is to be used in a sensitive context (for example: sexual conduct, criminal activity, substance abuse, mental condition, religious, political or racial bias), then the existence of a model release may not be sufficient to protect You from action by the person depicted in the Image (the "Model"). For this type of application, you must contact British Columbia Photos.

If British Columbia Photos is unable to contact the Model, or if the Model refuses to execute a sensitive issues model release, or if you do not agree to any additional fee that may required for such release, or if British Columbia Photos (in its sole discretion) declines to License the Image for the required application, then you must agree that you will not use the Image and no License will be granted by British Columbia Photos.

Editorial Credit Line

If the Image is to be used in an editorial any other context where the publishing of credit lines is the norm, then British Columbia Photos. will require a credit line be given in the form "© www.britishcolumbiaphotos.com” as a condition of the license. Failure to include such credit line will result in a surcharge of 100% of the License fee.

Disposal of Copies of the Image

After the License has expired, all reproducible copies of the Image in the control of You, Your employees, agents, representatives or suppliers must be erased or destroyed to prevent unauthorized use of the Image.

Binding Terms

Only the terms & conditions of the License issued by British Columbia Photos will be binding with respect to ultimate image usage. Any terms of your requisition or purchase order conflicting with any of the terms of the License are not applicable. The terms of the License may only be changed by written communication from British Columbia Photos.

Governing law and jurisdiction

The License, if issued by British Columbia Photos is deemed to be made in Victoria, British Columbia. and is governed by the laws of British Columbia, and Canada. Copyright infringements in the U.S.A. will be governed by U.S. law. International agreements are governed and protected by international copyright law.