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Terms & Conditions

Derek D’Souza Photography & Derek D'Souza retains all copyright and moral rights attached to this image as well as any other rights which may not be detailed in this agreement.


Credit/Acknowledgement of the © and Derek D'Souza must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc).


Selling and/or redistribution of this image is strictly forbidden.


Licensee is not allowed to crop and/or electronically alter the image to commercial gain.


1. You may not do anything with the Derek D’Souza Photography Content that is not expressly permitted in the preceding section or permitted by an Extended License (Contact Derek D’Souza Photography to inquire about Extended Licencing). For greater certainty, the following are “Prohibited Uses” and you may not:


2. Use the Photographic Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates;


3. Use or display the Photographic Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as;


4. Use the Photographic Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;


5. Use any of the Photographic Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; incorporate the Photographic Content in any product that results in a re-distribution or re-use of the Photographic Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Photographic Content as an electronic file;


6. Use the Photographic Content in a fashion that is considered by Derek D’Souza Photography (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Photographic Content into disrepute;


7. Use or display any Photographic Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the Photographic Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Photographic Content, unless  the Photographic Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Photographic Content may be used or displayed in a manner that portrays the model or person  in the same context and to the same degree depicted in the Photographic Content itself; 


8. To the extent that source code is contained within the Photographic Content, reverse engineer, decompile, or disassemble any part of such source code; 


9. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Photographic Content;


10. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Photographic Content or the rights granted under this Agreement;


11. Install and use the Photographic Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;


12. Use or display the Photographic Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;


13. If the Photographic Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Photographic Content contrary to the terms of this Agreement, and (ii) in such event, upon Derek D’Souza Photography's request, you shall remove any Photographic Content from such platform or website. 

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