USE AND OPERATING OF THE WEBSITE
The website www.zeal-a.com is for use
by the public free of charge, and its contents are
both for information and commercial purposes. Access
does not in itself imply any commercial relationship
between the owner and the user.
The user must use the website in accordance with the
law and public order and with the terms of this Legal
Notice. Consequently, the owner of this website does
not accept any liability whatsoever arising from the
improper, incorrect or unlawful use of the website
and/or its contents, or for fraudulent use of the
domain name or any similar type of fraud.
For the sole purpose of providing a better service
and facilitating use of this website, the web hosting
service may produce statistics relating to the number
of pages visited, the patterns of activity of visitors
to the website, the browser used and the country of
origin. Such data will never allow the user to be
identified.
Zeal-Atelier is the owner of all the intellectual
property rights in this website and of the elements
and items it contains, including texts, graphics,
logos and images, except for those belonging to the
owners of the rights expressed by individual copyrights
at the foot of works related, in which case such ownership
is duly acknowledged. The user undertakes not to use,
reproduce, transmit or disseminate in any way the
material covered by such intellectual property rights
without the prior written consent of Zeal-Atelier.
This website may provide links to other internet resources
or websites. Such links are for information purposes
only and do not constitute an invitation to purchase
the products or services offered on these other websites.
Zeal-Atelier therefore accepts no liability
whatsoever arising from any acts or omissions by such
websites, which are totally independent and separate
from it.
TERMS & CONDITIONS
All images this site are owned by Zeal-Atelier,and
other photographers and are protected by industrial
and intellectual property laws and international treaties.
All rights not specifically granted to you by these
Terms & Conditions are reserved. The right to
use our images is subject to full payment of fees
and all the restrictions and limitations in the following
Terms & Conditions.
Terms & Conditions
Access to the our database is assured in principle
24 hours a day. However, we makes no guarantee of
this availability. In particular, slow performance
or temporary “down time” due to maintenance
work or high network demand does not entitle the Customer
to guarantee or liability claims.
License for Use of Images
1) The reproduction by whatever means of the whole
or any part of any Image (including, without limitation,
slide projection, artist’s reference, artist’s
illustration, layout or presentation of Images) is
strictly forbidden without our specific written permission.
You must inform us of your proposals as to when and
how an Image is intended to be used. We will then
consider whether we would wish to grant a license
and, if so, on what terms.
2) No reproduction rights are granted by virtue of
delivery of Images unless expressly indicated. Your
right to reproduce an Image arises only if (a) license
terms are agreed and (b) our invoice relating to the
grant of such right is fully paid. Any reproduction
before payment of the invoice or outside the terms
of any license constitutes an infringement of copyright
and also a breach of this Agreement entitling us to
rescind and claim damages. You must indemnify us in
respect of any claims, damages, costs or expenses
we incur arising from any reproduction of any Image
supplied to you.
3) You must satisfy yourself that all necessary rights,
model releases or consents which may be required for
reproduction are obtained and that the use of any
image is not obscene, indecent, libellous or unlawful.
We make no claim or warranty with regard to your use
of content, names, text, people, trademarks or copyright
material depicted in any Image and you will indemnify
us in respect of any claims, damages, costs or expenses
we incur arising from the use of any Image supplied
to you.
5) If we agree that you may license the use of any
Image to any third party, you shall enter into an
agreement with such third party to ensure that they
are bound by license terms restricting printing, copying,
networking, multiple access or other use of the Images
to personal use only, forbidding the assignment, resale,
rental and lending of the Image and ensuring that
credit is given to us and the author.
6) You must credit us and the author as specified
by us every time an Image is used. If you fail to
credit the Image an additional 50% of the original
license fee will be payable.
7) Images shall not be altered or manipulated, added
to, or have any part deleted without our prior written
consent.
8) You must provide us on publication with at least
one complimentary copy of any publication in which
the reproduction of the Image appears.
Digital Use of Images
9) You acknowledge that Images are our valuable property,
as are any digital images created from the Images
(“ Digital Images”).
10) You may not create, store or transmit Digital
Images without our permission except so far as is
incidentally and wholly necessary to the process of
producing items licensed by us. If permission is granted
the following conditions apply:
11) Each Digital Image created by you shall be recorded
and labelled with our copyright credit information
as an integral part of the image file, and held on
an electronic database under your sole possession
and control.
12) Unless otherwise agreed, any Digital Image you
create must not be greater in size than 640x480 pixels,
72ppi. Any use of the Digital Images shall be in a
format designed so that it will not be possible to
alter, manipulate or adapt any Digital Image in any
way during the normal course of using the product.
13) You agree to destroy all Digital Images including
any pre-press or pre-production copies of the Images
and any copies or records of the Images held on a
database within 90 days of the date of receipt of
the Images or completion of the maximum production
run, or expiry of the license term, whichever is later.
16) Invoicing will take place at the time a service
is ordered and will be sent together with images.
Compensation in full is due at the moment by credit
card or PayPal.
17) Copyright. The name of the photographer must be
recognized either directly on foot of the photo or
in an index when using photographs. This will be done
in the following format:
©photographer’s name/zeal-atelier.com
Should a photographer not be named, then we has the
right to claim damages from the Customer in an amount
double the original value of the order.
19) While we take reasonable care in the performance
of this agreement, we shall not be liable for any
loss or damage suffered by you or by any third party
arising from use or reproduction of any Image or its
caption. Damages for any other breach shall be limited
to the license fee paid by you.
20) Law. These Terms and Conditions are governed by
the laws of Malaysia, and all disputes arising under
the present shall be submitted to the jurisdiction
of the Courts and Tribunals of Malaysia.
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