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Mountain Landscape Photography

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COPYRIGHT & IMAGE LICENSE AGREEMENT

COPYRIGHT NOTICE

(c) Duncan Andison, www.takenfromthetop.com, 2010 all rights reserved.

Material published by www.takenfromthetop.com is copyright and may not be reproduced without permission.

Where items on this site are being republished or copied to others, after seeking permission, the source of the material must be identified and the copyright status acknowledged with the following accreditation "(c) Duncan Andison, www.takenfromthetop.com, 2010".

While you are able to buy pints from this website, you are not permited to copying, scanning or repreduction of these prints in any way or form. Please see full details of the 1988 Copyright Act on the Office of Public Sector Infomation's website.

IMAGE LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DUNCAN ANDISON.

READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU REQUEST AN IMAGE. BY REQUESTING AN IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE IMAGES ON THIS SITE ARE OWNED BY DUNCAN ANDISON AND ARE PROTECTED BY THE INTELLECTUAL PROPERTY LAWS OF ENGLAND AND INTERNATIONAL COPYRIGHT CONVENTIONS.

Grant of rights for previews and 'thumb nailed' images

DUNCAN ANDISON grants you a personal, non-assignable, non-transferable, non-exclusive right to copy thumb nailed and preview images from the website onto your computer hard drive and to use the image for the following limited applications: To review comprehensive layouts, montages ('comps') and non-commercial in-house presentations. You are not granted any rights to use the images for any advertising, promotional, or editorial use or any other use whatsoever including using images within your website and you are not granted any derivative, electronic or digital rights or any other rights whatsoever. A derivative work is anything sourced from or referenced from a pre-existing image. All rights not expressly granted above are reserved by DUNCAN ANDISON without any limitation. Usage of the image beyond the rights granted in this Agreement constitutes willful copyright infringement and is punishable to the fullest extent of the law.

Restrictions on use

You agree not to:

1. Use any image in any manner that might be considered defamatory, libelous, pornographic, fraudulent, infringing or tortuous, whether directly or in context or juxtaposition with specific subject matter or by altering it in anyway.

2. Use the image or permit the use of the image in any way that violates the person's right of privacy or publicity.

3. Infringe on any trade name, trademark or service mark or to otherwise use an image for any unlawful purpose

4. Place the image online in a downloadable or FTP format.

Releases, permissions and sensitive subjects

Unless an image has a model or property release, no such release exists. DUNCAN ANDISON gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.

Advance written permission is required for use of images for sensitive subjects, including, but not limited to, contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer, other serious physical or mental ailments or the disparagement of a person or product. DUNCAN ANDISON reserves the right not to permit use of an image for any reason whatsoever.

Termination

The rights contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination, you must immediately:

1. Stop using the image

2. Delete the image and all copies from all electronic and/or magnetic media

Indemnity

You agree to indemnify and hold DUNCAN ANDISON, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from the use of an image or any breach of this Agreement. If you utilise an image prior to paying our Invoice, we are relieved of any liability for any claim concerning such image's use or publication since it was published without permission.

No warranty

Digital files are provided 'as is'. DUNCAN ANDISON makes no representation or warranty, either expressed or implied, included but not limited to, any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. DUNCAN ANDISON nor any employees or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, or other damages arising out of the use of, or the inability to use, the digital images.

Exclusive remedy for digital files

DUNCAN ANDISON limitation of liability and your exclusive remedy will be a replacement of the digital image.

Refund policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images supplied and that you can provide a well founded reason for your request.

Limitation of liability

Under no circumstances will DUNCAN ANDISON be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss arising out of:

1. The use of or inability to use the images

2. The inability to obtain additional rights to the images (including making additional copies) even if DUNCAN ANDISON has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the image, their representative, and DUNCAN ANDISON shall be the fee paid for the image to DUNCAN ANDISON.

Copyright protection

You agree to provide copyright protection of the image. DUNCAN ANDISON shall have the exclusive right to pursue any copyright infringement without regard to the rights granted.

Legal costs and jurisdiction

In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse DUNCAN ANDISON for his reasonable legal fees, costs and disbursements if DUNCAN ANDISON is successful in the suit. We designate the Courts Of England as the jurisdiction for any suits.

No waiver, complete agreement

The terms set forth in this Agreement represent our entire agreement concerning your review and 'comping' of images. All prior understandings or representations, whether oral, written, based on 'industry custom' or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorised to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.

Agreement binding on principle

If you are acting as an agent or representative of another, you must disclose the name of the principal to DUNCAN ANDISON upon request. You agree to insure that the principal agrees to be bound by all of DUNCAN ANDISON' terms and conditions contained in this Agreement and shall furnish written confirmation to DUNCAN ANDISON upon request. This term is a material part of the Agreement and a condition upon which the digital images are made available to you. DUNCAN ANDISON reserves the right to change the terms of this Agreement without notice. DUNCAN ANDISON further reserves the right to withdraw an image from use for any reason and you agree to destroy any file and discontinue the uses of any image that has been listed as withdrawn.

Accreditations

All images should receive and benefit from the following accreditation when published. "(c) Duncan Andison, www.takenfromthetop.com, 2010"

If you are unsure about your rights or obligations under this Agreement, or it you wish to use images in a manner not permitted under this Agreement, use the Comments Form on the Contact page or email me directly.

DUNCAN ANDISON © 2010 | COPYRIGHT NOTICE

Landscape Photography


Every time I venture out I look forward to the challenge of capturing the raw emotion inside when I'm faced
with the shear beauty of the world we live in. Whether it is the exposure of a steep ridge at 4000 metres, the
tranquility of large sweeping vistas or the secretive world of the local wildlife I can't help but feel lucky to be there
and my landscape photography helps me to remember those magical moments.If I can look back at a photograph of a mountain or
landscape and remember what it felt like to be there then I can say the photograph really works for me.

Mountain Photography


My wife Rebecca and I both have a deep love for the mountains and photography and spend a lot of time in Scotland,
The Lake District and The Alps. We are both keen climbers and mountain bike riders. This mixed with my background in
commercial illustration inspired me to try and capture these moments in print and to share them with you.
The complete tranquility of being sat outside in a beautiful landscape, waiting for the perfect time to take what you
hope to be the perfect landscape photograph is something very special. However, while I love Landscape Photography it will
always come second to the real thing, the mountains will always come first!



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