AKNP Terms & Conditions
These Terms & Conditions (T&C’s) are subject to change without notice. You are responsible for reviewing the T&C’s regularly. Your continued use of the website and/or the images that appear on the website after such changes indicates your acceptance of the T&C’s as modified.
Ownership and Use of The Web Site
There are no royalty-free images on the website. All AK Nature Photography (AKNP) images are rights-managed. The website is owned and operated by AKNP and protected by copyright and other laws. Copyright protection equals investment protection for AKNP and our clients. Our online images are covertly encoded and continuously tracked over the world-wide web. You may not print, copy, or retransmit anything on this website, in any form, without being subject to AKNP’s T&C’s. The breach of these T&C’s could result in monetary and other penalties.
Use of the website and the images is at your own risk. The website and the images are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. AKNP makes no representations or warranties that the use of the website will be uninterrupted or error-free.
Governing Laws
This Agreement will be governed by the laws in force in the province of Ontario, Canada, excluding the application of its conflict of laws rules. In the case of copyright infringements that occur in the U.S.A., the Agreement will be governed by the laws in force in the State of New York and U.S. federal laws, excluding the application of its conflicts of law rules.
AKNP images and text are protected by national copyright laws, international treaty provisions, and other applicable laws, except the United Nations Convention on Contracts for the International Sale of Goods which shall not govern this Agreement.
If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.
Binding Terms
Only the terms of this Agreement will be binding on AKNP. Any terms of your requisition or purchase order conflicting with any of the terms of this Agreement are not applicable. The terms of this Agreement may only be changed with the written consent of AKNP.
Any attempt by you to modify or deviate from the terms of this Agreement will nullify any other rights granted or representations made by AKNP herein.
Pricing - Fine Art
AKNP fine-art prices are subject to change without notice. You are responsible for referring to AKNP’s current fine-art Price List published on the website under each image in the galleries.
Any applicable taxes are charged separately from our list prices and will be outlined in our Confirmation/Invoice Email. Taxes on your new artwork are calculated on our list prices BEFORE shipping and handling fees. Provincial Sales Tax (PST) at 8% applies to deliveries made in the province of Ontario only. The federal Goods and Services Tax (GST) at 6% applies to deliveries made in Canada only. International shipments are tax free.
Shipping and handling fees are charged separately from our list prices and will be outlined in our Confirmation/Invoice Email for your acceptance.
Pricing - Stock Images
Stock pricing depends on the image’s use and is arrived at on the basis of industry standards and the following factors.
Right To:
Reproduce, Adapt, Publicly Display, Publicly Distribute
Kinds of Rights:
One-Time, First-Time, Serial (Periodicals), Promotion, Electronic
Limited By:
Media, Size, Prominence, Duration of Use, Quantity of Distribution, Frequency of Use, Territory of Use, Language
Pricing - Assignment
Simply Contact Us with your specific requirements and we will provide you with a quote.
Payment
All invoices are due in full within thirty (30) calendar days of the invoice date or the publication date, whichever comes first. All unpaid balances are subject to a two percent (2%) late payment charge each calendar month.
Privacy Policy
AKNP does not share or sell personal information.
If you are paying online, all your personal information is encrypted with Pay Pal’s industry-leading security tools. YOU DO NOT NEED A PAY PAL ACCOUNT to complete the transaction. You are simply transferred to Pay Pal’s system so that all your personal information can be encrypted with industry-leading security tools while your payment is safely processed into AKNP’s account. (If you would like to know more about Pay Pal, click here to visit their website.)
Gifts
You agree that you have informed your gift recipient of AKNP’s T&C’s.
Gift Certificates
Click here for additional T&C’s with specific respect to AKNP gift certificates.
Requesting A Fine-Art Print of An AKNP Stock Image
If you would like a fine-art print of a stock image, AKNP might be able to accommodate you depending on any licenses for the stock image in effect at the time. If approved, the stock image will be processed as a gallery image for the purposes of the transaction.
Delivery – Fine Art
Please allow three (3) to six (6) weeks for delivery upon our receipt of your payment and/or gift certificate. Please note that deliveries will not be sent to a P.O. Box and that AKNP is not responsible for orders that are not received due to the customer inputting incorrect or incomplete delivery information.
Fine art damaged en route should be returned to AKNP immediately. As well as replacing the damaged artwork, we will refund the client’s costs for shipping the damaged artwork back to AKNP.
Return Policy – Fine Art
If you are not satisfied with your purchase, simply return it to us undamaged within fifteen (15) calendar days of having received the artwork. AKNP will refund the purchase price, less the shipping and handling charges. In the event of a return, you are asked to ship the artwork in its original packaging to ensure that it is not damaged en route.
Publishing An AKNP Gallery Image
If you would like to publish any gallery image, you must contact AKNP directly. AKNP is committed to the integrity of our clients’ investment in Canadian art. Only if the use of said gallery image in no way decreases the value of our clients’ investment will AKNP consider the editorial or commercial use of the image on a case-by-case basis. If approved, the gallery image will be processed as a licensed stock image for the purposes of the transaction.
Delivery – Stock Images
All stock and fine-art images are available as high-resolution Jpeg or Tiff files that can be digitally transferred or delivered on CD ROM. Most images are also available as original 35mm transparencies. The use of AKNP original slides will require your signature on an additional clause for liability in the event of loss, damage, or the otherwise rendering of these originals unusable by AKNP. The cost of said liability will be one thousand and five hundred dollars in Canadian currency ($1,500 Cdn.) per slide. Please allow up to two (2) weeks for delivery of CD ROM’s and original slides.
Cancellation Policy – Stock Images
You have fifteen (15) calendar days to cancel an AKNP license and receive a full refund. After fifteen (15) calendar days, you will be deemed to have purchased the license and will be liable for payment and all the terms and conditions set forth in the Agreement.
Digital Marking
All AKNP digital marking must remain with your digital copies at all times.
Layout, Comping, and Internal Presentations
If you need a high-res image for layout, comping or internal presentations, without charge, AKNP can transfer the image to you in the format you require provided you intend to purchase a license from AKNP to reproduce the image if the layout is approved.
Full Disclosure
You warrant that you have supplied true and accurate information to AKNP to fully describe the manner in which the licensed image will be used, including the correct name and type of business of the end user of the licensed image.
Credit Line
Any AKNP licensed image for editorial use, or for use in other media where publishing of credit lines is the norm, requires the following credit line:
Disposal – Stock Images
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.
Rights & Releases
Copyright
AKNP’s website is a publication and is copyrighted as such.
All AKNP images and text are protected by the governing copyright laws and AKNP’s T&C’s. No images may be altered, except for cropping when needed for space requirements, without AKNP’s written consent.
You must purchase a second license if you wish to use the same image or text in a second application.
If a paper publication is to be reconstituted online, and this electronic version has not been provided for in the original license, you will require a second license.
It is hereby understood that when the photographer is on assignment, the photographer’s copyrights are considered to be transferred to the assigner the moment the photographs are taken but with all the photographer’s “Moral Rights” intact.
Using an AKNP image or any text, in whole or in part, including by electronic means or by any other means, and medias now known or hereafter discovered, or even as reference for another image, for any purpose, without written consent, constitutes copyright infringement. The original image, however modified or distorted, is still protected by copyright.
You agree that any unauthorized use, publication or transmission of any image or text by you is an infringement of copyright and that you will be responsible for any fees, damages and/or compensation arising from your unauthorized use.
Limited Exclusive Rights
No exclusivity will be granted or implied unless it is stated in writing by AKNP in the specific terms of the license. AKNP will negotiate limited exclusive rights by for example, duration of the license, geographic area, media type, or language. Requests for limited exclusivity will be considered on a case-by-case basis, and additional fees will apply.
AKNP’s Right To Rescind The License
It is possible that an image you have chosen may be subject to a conflicting prior license that could prevent AKNP from issuing a license to you.
If the proposed use of any AKNP image by you is deemed by AKNP to conflict with rights granted to another client in the same or a similar image, or to conflict with any limitations that were communicated to you by AKNP in the ordering process, AKNP reserves the right to rescind the license.
If you breach any of the terms, conditions, representations or warranties set out in the terms and conditions of the license, or if you become bankrupt, insolvent or otherwise cease to carry on business, AKNP reserves the right to rescind the license.
Nothing herein will prevent AKNP from rescinding a license if AKNP is unable to contact you, or if you do not respond to a communication from AKNP. Once the license is rescinded, you and any end user must cease using the image immediately.
AKNP’s right to rescind the license in all circumstances is and will be uncontestable and irrevocable.
Photo Captions
AKNP warrants that the captions for our images are correct. Changes, however, such as the name of a location, do occur over time, and while AKNP tries to keep abreast of any applicable changes to our image captions, we cannot guarantee said changes. AKNP will cooperate in your endeavour to obtain any required corrections; however, it is your responsibility to use AKNP images according to the laws and regulations of the industry and you take full responsibility for any misuse of incorrectly captioned images.
Property Releases
Most, if not all, AKNP images do not require property releases; however, it is your responsibility to use AKNP images according to the laws and regulations of the industry. AKNP will cooperate in your endeavour to obtain any required written releases; however, you take full responsibility for any misuse of non-property-released images.
Model Releases
If applicable, any individuals in AKNP images have provided verbal model releases in the field; however, it is your responsibility to use AKNP images according to the laws and regulations of the industry. AKNP will cooperate in your endeavour to obtain any required written releases; however, you take full responsibility for any misuse of non-model-released images.
Other Intellectual Property
AKNP does not have releases for other intellectual property not considered in the public domain, including other artists’ works, manufacturers’ commercial products, trademarks and logos. It is your responsibility to use AKNP images according to the laws and regulations of the industry. AKNP will cooperate in your endeavour to obtain any required written releases; however, you take full responsibility for any misuse of non-released intellectual property.
Moral Rights & Sensitive Issues
AKNP is serious about copyright infringement and hereby emphasizes existing “Moral Rights” copyright legislation, including the following.
In the event that AKNP were to sell or will a copyright to someone else, or is working on assignment for someone else thereby transferring copyright to the assigner, AKNP still retains the “moral rights.” This means that no one, including the person who owns the copyright, is allowed to distort, mutilate or otherwise modify AKNP’s work in a way that is prejudicial to our honour or reputation. Anne King’s name must also be associated with the works as its author, if reasonable in the circumstances. In addition, AKNP work may not be used in association with a product, service, cause or institution in a way that is prejudicial to our honour or reputation. AKNP’s moral rights exist for the lifetime of the author plus seventy (70) years.
Monetary & Other Penalties for Infringement
In the event that you are determined to be in violation of copyright laws and/or AKNP T&C’s, AKNP will be entitled to a compensatory fee of one thousand dollars in Canadian currency ($1,000 Cdn.) or ten (10) times what would have been the licensing fee, whichever is greater, in addition to any other rights and remedies available to AKNP under the law. Violators will have up to thirty (30) calendar days to pay the determined amount. Failure to pay within the thirty (30) calendar days could result in legal action where damages will be sought, including all attorney’s fees and all related costs, for copyright infringement and breach of contract.
Limited Liability
To the maximum extent permitted by law, in no event will AKNP be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the images or the website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the website or any image whether based on contract, tort, strict liability or otherwise. AKNP’s liability in any circumstances will be limited to the amount paid for the license.
Indemnification
You agree to indemnify and hold harmless AKNP from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with:
- your use of the website and/or any image;
- your breach of the terms and conditions;
- your breach of the the license;
- your infringement of any third party intellectual property rights; or
- any act or omission by you which results in:
• loss, damage, interference with or disruption to, the website;
• use of the website for an illegal purpose; or
• use of the website to achieve any unauthorized or prohibited access to computer systems and data.
Artistic Work – Visual representation such as a painting, drawing, map, photograph, sculpture, engraving or architectural plan, and including any electronic rendition thereof in the present or any rendition in the future by means not yet foreseeable.
Assignment – Transfer of copyright from the original owner to another party.
Author – The creator of an artistic, literary, musical or dramatic work.
Comping – The working up or presenting of an idea.
Copyright – Provides protection for artistic works and begins the moment the artist fixes the artistic expression in a tangible form. A “fixed” work is “sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
Copyright encompasses the format, organization, sequence and style of presentation as well as the sense or feeling of the original.
Exception – A provision in a copyright law permitting the use of a work by defined user groups without the consent of its creator and with the payment of royalties which use would otherwise be an infringement of copyright. Examples of user groups benefiting from exception are education institutions, libraries, museums, archives and persons with a perceptual disability.
End User – The ultimate beneficiary of the License. For example, if an ad agency uses an image in an advertisement for a retail outlet, the retail outlet is the end user of the licensed image, not the ad agency.
Fair Use – Use of works for purposes of private study, research, criticism, review or news reporting that is not considered to constitute infringement of copyright.
Generally, a use will constitute “fair use” if minimal and commercially insignificant portions of an existing work are copied, quoted or paraphrased for purposes of comment, criticism, illustration or scholarship. In a commercial context, the doctrine of “fair use” is quite limited.
Infringement – Violation of copyright through unauthorized copying or use of a work or other subject matter under copyright.
Intellectual Property – A form of creative endeavour that can be protected through a copyright, trademark, patent, industrial design or integrated circuit topography.
License – Legal agreement granting someone permission to use a work for certain purposes or under certain conditions. A license does not constitute a change in ownership of the copyright.
Moral Rights – Rights an author retains over the integrity of a work and the right to be named as its author even after sale or transfer of the copyright.
Publication – Making copies of a work available to the public.
Rights-Managed Images – Rights Managed images are strictly bound to the licensing agreement. Any and all usage outside this agreement including the expanded use of an image is in violation of copyright law.
Royalty – A sum paid to copyright owners for the sale or use of their works or other subject matter.
Trademarks - Words, symbols, designs, or a combination of these, used to distinguish the goods and services of one person or organization from those of others in the marketplace.
DO NOT send us your photographs. We do not critique, publish, or sell other people’s work. Your photographs will NOT be returned to you.
