Terms and ConditionsImages should not to be used in any manner without the issued permission of Medya Foto Arsivi. All of the images are to be licensed under the terms and conditions of the agreement as it has been established at time of the purchase. Any image licenses will not be valid unless the full payment has been received by Medya Foto Arsivi
General THIS CONTRACT IS LEGAL AND BINDING BETWEEN THE USER AND MEDYA MEDIA BASIN VE YAYINCILIK LTD STI, WITH REGARDS TO THE USE OF WEB SITE OF Medya Foto Arsivi, TO DOWNLOADING OF IMAGE FILES FROM THE MENTIONED WEB SITE, AND TO THE LICENSING OF IMAGES BY Medya Foto Arsivi TO THE USER. When image files are downloaded from this web site, or when image files are received from Medya Foto Arsivi through any other means, or when images are received from Medya Foto Arsivi by way of film or through any other medium, users should agree to all of the terms and conditions of this Agreement and they accept them. When the actions are performed on behalf of the employer of the user or of another third party, then all the terms and conditions of this Agreement would be applicable for the user and for the employer of the user or for the other third party. Images should not to be used in any manner without the issued permission of Medya Foto Arsivi. All of the images are to be licensed under the terms and conditions of the agreement as it has been established at time of the purchase. Any image licenses will not be valid unless the full payment has been received by Medya Foto Arsivi. Use of images before the full payment has been made and without the issued written authorization of Medya Foto Arsivi would constitute copyright violation. All of the rights, which are not specifically issued, are to be retained by Medya Foto Arsivi. The images are not to be sold but their use is to be licensed and they will remain the sole and exclusive property of Medya Foto Arsivi and of the individual photographer, artist or illustrator, instead. Images or image files should not be distributed nor resold as being independent of the product and they may not be used in any form that these would allow permanent storage or re-use by any third party. Licenses may not be sublicensed, transferred or assigned. Users would agree that they will not make, authorize, nor permit any use of any of the images excluding the cases where it is stated here in specific terms and on the invoice they will receive. Non compliance with any of the provisions of this Agreement could lead to immediate restitution of the license that has been issued.
Copyright Protection All of the images that have been licensed by Medya Foto Arsivi, whether they are Rights-managed or Royalty-free, possess copyrights and they are protected by the intellectual property laws of the Republic of Turkey. Users would agree to provide a credit line of; ‘©photographer’s name/Medya Foto Arsivi, Inc.’ for each reproduction of an image. Users would agree to provide statutory copyright protection of the image through registration of the work they have created or the work in which the image appears,on time and such copyright should immediately be assigned to Medya Foto Arsivi or to the photographer, the artist or to the illustrator, upon request and without inducing any charge. Medya Foto Arsivi would have the exclusive right to prosecute any infringement of the copyrights without any reservation with regards to the rights that have been issued. In such cases, where Medya Foto Arsivi prosecutes a copyright infringement and obtains an indemnity or a settlement, then the liability of Medya Foto Arsivi to the licensee would not exceed the allocated portion of the license, if any, which has been paid for the conflicting exclusive rights.
Licenses Issued With Regards to Rights-managed Images All of the licenses that have been issued by Medya Foto Arsivi for the use of Rights-managed images are valid for limited period of one year as being based on non-exclusivity and for the geographical distribution that is restricted to the country in which the license is issued, unless otherwise specified at the time of the purchase and as stated on the invoice. All of the rights that have been specifically issued and as specified on the invoice are reserved for the use and for the disposition by Medya Foto Arsivi without any limitation whatsoever, including but not limited to derivative uses, electronic, CD-ROM, on-line, or promotional rights.
Licenses Issued With Regards to Royalty-free Images All of the licenses that have been issued by Medya Foto Arsivi for the use of Royalty-free images are based on non-exclusive and perdurable terms as being subject to the terms, conditions, restrictions and limitations stated in this Agreement, unless otherwise specified at time of purchase and as stated on the invoice.
Licenses Issued With Regards to Comping Images Entitlement is granted to download comping image files from the website of Medya Foto Arsivi, whether these are Royalty-free or Rights-managed images, subject to the terms and conditions of this Agreement. These image files are for the purpose of emplacement in the unfinished products and they are intended for viewing of the image in more detail. The stated permission for the use of comping files should not be interpreted as the issuing of a license for the usage.
Terms of Payment Licenses will not be issued unless full payment of the invoice is received. Payment of invoices of MEDYAMEDI A should be made in full before the thirty (30) days of validity from its date expires, without any discounts, or prior to the publication of any image. Payment of a service charge of two (2) percent per month should be made over to Medya Foto Arsivi for any balance due as agreed upon following the stated time period or the use of the image. Any disputes that might arise with regards to the invoice should be submitted in writing, within five (5) business days of the invoice date, otherwise it would be deemed that the invoice has been accepted as it had been issued.
Cancellation Clause With Regards to Rights-Managed Images Medya Foto Arsivi reserves some specific rights for the use by granting a license for Rights-managed image. If it is decided not to benefit from such rights, notification should be submitted in writing within five (5) business days of the invoice date in order to be eligible for a full refund. A cancellation fee as being equal to fifty (50) percent of the invoice amount will be charged following this five (5) business day period, and up to thirty (30) days from the invoice date. Refunds will not be issued after thirty (30) days from the date of the invoice and the amount of the invoice should be paid in full. Any credits due for cancellations will first be applied to any unpaid balance before the issue of any refund. An additional service charge with an amount of US $120 as the minimum will be issued if any hi-resolution image file had been downloaded, whether the invoice has been issued for the license at the time when the notification of cancellation has been received by Medya Foto Arsivi or not. Other service charge, such as for CD delivery, will be issued in addition to this minimum service charge.
Cancellation Clause With Regards to Royalty-Free Images All of the licenses for Royalty-free images will be considered to be irrevocable due to the broad nature of the licenses; refunds or credits will not be issued. It would be considered to be the complete fulfilment of obligations of Medya Foto Arsivi when any Royalty-free image download has been completed successfully.
Unauthorized Use of Images In the case; when 1) any image, whether being Rights-managed or Royalty-free is benefitted, without or prior to the issue of a license, or 2) any Rights-managed image is benefitted for any kind of use other than that is stated on the invoice, including but not limited to the number of uses, the publications benefitted, or the size or reproduction, then Medya Foto Arsivi would reserve the right to seek recovery for damages through legal channels unless it is agreed to compensate Medya Foto Arsivi as the following. Medya Foto Arsivi would agree to waive its right to bring a lawsuit for copyright breach, as it will be difficult to determine damages arising out of unauthorized usage, provided that it will be agreed to pay, as material compensation: • An amount being equal to four (4) times of the normal price that it would have been charged for such use of a Rights-managed image, or • An amount being equal to ten (10) times of the normal price that it would have been charged for such use of a Royalty-free image. A charge for the use will be calculated by Medya Foto Arsivi by considering the good faith for the information provided and it will issue an invoice with the details of the license that had been granted. In the case when the payment, which has been outlined above, is not made within ten (10) days of the invoice date for such charges, then this liquidated damage provision shall be invalid and the right to bring a lawsuit copyright breach as well as reimbursement of solicitor’s fees and all of the related charges will be reserved.
Releases, Permissions, and Sensitive Subject Use Unless it is specifically indicated on the invoice that an image has a model or property release, it should not to be interpreted that such a release exists. Medya Foto Arsivi would not issue any rights or warranties in relation to the use of names, trademarks, logos, registered or copyrighted designs or works of art that has been characterised in any of the images, and the contentment should be considered that all of the necessary rights, consents or permissions, as these might be required for reproduction, are secured. Users should agree for not using any image in a defamatory manner or context, either by changing it or by any accompanying text. Prior permission in written form is the requirement for use of images that would represent any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental disorders. It should be agreed to hold Medya Foto Arsivi harmless from any and all claims and expenses arising from the use of an image. If an image is benefitted prior to payment of the invoice issued, or without the expressed permission with regards to sensitive subjects, Medya Foto Arsivi will be relieved of any claims in relation to the use of the imageor to the publication since it had been published without any permission. Medya Foto Arsivi will reserve the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, liability of Medya Foto Arsivi is strictly limited to the invoice amount for the use of the images involved.
No Waiver, Completeness of the Agreement The terms and conditions stated in this Agreement, in any delivery contract and invoice, represent our entire agreement with regards to the delivery of images to the users and to the review of the users and to the usage there of. All of the prior understandings or representations, whether written or oral form, are considered as being based on “industry behaviour” or on past dealings and they have hereby been merged in this agreement. Any of the terms or conditions could not be added, removed or modified unless it is put forward in writing and signed by both parties. Any action by the Medya Foto Arsivi party, other than that it would mean an express written waiver, should not be interpreted as a waiver of any part of this contract, and any employee of Medya Foto Arsivi is not authorized to waive it in oral form. In the case when any specific part of this contract is waived by Medya Foto Arsivi, it should not be considered that any other part of this contract has also been waived.
Arbitration An substantial part of this contract is the mutual agreement of Medya Foto Arsivi to arbitrate the disputes, except for copyright violations, which will be filed as law suit in courts of the Republic of Turkey solely. Any and all disputes, which might arise out of, under or in connection with this contract, including without limitation its validity, interpretation, performance and its breach, shall be settled by arbitration in Istanbul, being appropriate with the effective rules of the Turkish Arbitration Association at the time arbitration is requested. Judgment upon any award administered might be filed in the highest court that has the jurisdiction. This contract, its validity and its effect shall be construed under and governed by, the laws of Republic of Turkey, and it should be agreed that the user will pay all costs of arbitration including legal fees, plus legal interest, to the successful party as these might be awarded by the arbitrators.
Governing Law and Jurisdiction This contract, its validity and effect shall be construed under, and governed by, the laws of the Republic of Turkey and shall be considered to have been made and accepted in Turkey. All kinds of law suits that might be brought in with regards to this contract, or any aspect of the relationship between the parties, shall be subject to the exclusive jurisdiction of the Republic of Turkey.
Legal Fees If Medya Foto Arsivi is obligated to go to court, rather than arbitration, to enforce any of its rights, user must agree to reimburse Medya Foto Arsivi for Medya Foto Arsivi’s legal fees and disbursements if Medya Foto Arsivi is successful.