Services en francais Terms and Conditions of Toronto Stock Photo


Here are all terms and conditions of Toronto Stock Photo, The Web Stock Photos for Toronto and the surrounding areas...

  • Terms & Conditions


    This web site is owned and operated by Toronto Stock Photo, proprietor Frederic Sune Photography. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs images ("content") and software is owned by Toronto Stock Photo and its photographers. All elements of this web site, 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", the "User") and the owner(s) of Toronto Stock 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 be denied to download of images and/or use it in any way for any purpose at any time.

    If You choose to login, sign up to, provide your information and/or use any facilities You are approving and in accordance to 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. Toronto Stock 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 Toronto Stock 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 web site on the behalf of your clients these conditions still apply. Should You disagree with any of these terms stated here please discontinue your use of the site www.torontostockphoto.com and remove all data You have uploaded or downloaded.

  • Image Licensing


    All images requested and purchased through Toronto Stock 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 photographers and Toronto Stock Photo. The licenses serve to protect the rights of all the photographers, Toronto Stock Photo, the licensee and even 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 belicensed exclusively, which effectively embargoes the use of the same image within the requested media.

  • Usage Rights


    When an image is licensed by Toronto Stock Photo, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by Toronto Stock Photo. The license will state the media use, where it will be used, which size, print run and the duration of the usage.

  • Usage Fee


    A fee is generally payable to license any “rights managed” image, this means the fee is based on how the image is going to be used, this also guarantees the payer or client that they will have sole ownership (exclusive or not) of that photo.. This will be calculated by such factors as the print run, media, the reproduction size, and the duration of the usage and whether the requested use is exclusive or non-exclusive. Toronto Stock Photo calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.

  • Credit Lines


    With all editorial rights managed photography, Toronto Stock Photo should be credited with any reproduction of their work. The credit line would need to read © Toronto Stock Photo. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements 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.

  • Model & Property Release


    Unless specified by Toronto Stock Photo in images 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, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Toronto Stock 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 Toronto Stock Photo in writing.
    (b) the use of any Image exceeds the scope of the release provided by Toronto Stock Photo.

    The licensee will also indemnify and hold Toronto Stock Photo harmless against all claims, liability, damages, and expenses (including reasonable 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. Toronto Stock Photo's liability for all claims shall not exceed in any event the total amount invoiced per particular image. Toronto Stock 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.

  • 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.

  • Delivery of the images


    On occasion, technical problems may delay or prevent delivery of Product and Services. Whilst 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.

  • 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. Whilst 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.

  • Disputes and Claims


    Users of the web site 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 the Canada shall govern these terms and conditions, and any resulting arbitration shall take place within Ottawa, Ontario. Client/User assumes responsibility for all collection costs and legal fees incurred by Toronto Stock 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.

  • 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.

  • Effective date, date last modified


    These Terms and Conditions are effective as of March 18, 2008.
    These Terms and Conditions were last modified March 11, 2009.

    Click here to download the Terms and Conditions of Toronto Stock Photo (PDF file)