This page lays out the licensing conditions for digital download images purchased from our portfolio galleries.
Purchasing any image from martinbaileyphotography.com indicates that you agree to the terms of the below license agreement appropriate for your type of purchase.
If you purchase (individually or as part of a subscription) and download an image for use as Desktop Wallpaper/Background you may use it for personal, non-commercial use only. You may use it on up to three personal computers that you personally own or use, including personal computers shared with family members.
If you would like any images for any other kind of commercial or editorial use, please consider the other digital download options, for which the licensing terms and conditions are outlined below.
NOTE: Some images are made available to license for Editorial use only. If you are paying a license fee for Commerical use please ensure that it is not marked as for Editorial Use Only before purchasing and downloading an image.
Content is protected by international copyright laws and treaties. Martin Bailey Photography K.K. and Martin Bailey own all rights, including the copyrights, in and to the Content. Martin Bailey Photography K.K. reserve all rights in and to the Content not expressly granted to you in this agreement. Your rights to use any Content are subject to the terms and conditions set forth in the Agreement.
Martin Bailey Photography K.K. grants you a worldwide, non-exclusive, and non-transferable right in perpetuity to use, make derivative works incorporating, display, reproduce and distribute Content, subject to the exceptions and limitations set forth in this Paragraph 1 and Paragraph 2. The rights granted under this Paragraph are limited to ten (10) people employed by the same legal entity (“Users”) entering into this Agreement. If you intend to grant access to more than ten (10) Users, please contact our sales team to customize your Agreement. “Non-transferable” in this Agreement means that You may not sell, rent, load, give, sublicense, or otherwise transfer any standalone Content or the right to use such Content to a third party. The work you produce with the Content must be used for yourself, your direct employer, client, or customer, who must be the end-user of your work.
Content may not be used for more than one client unless you purchase a separate license for each separate client.
A legal entity entering into this License may share Content internally by creating an image library, network configuration or similar arrangement; however, use of the Content is restricted to Users as set forth in this paragraph 1.
If you create a derivative work based on or incorporating any Content, all rights in and to such Content will continue to be owned by Martin Bailey Photography K.K., subject to your rights to use such Content under this Agreement.
There are restrictions on your use of Content. If your intended use of Content requires rights restricted by this section, we encourage you to contact our sales team.
You may not:
Incorporate Content into merchandise or products for distribution and/or sale. Merchandise includes, by way of example but not limitation, t-shirts, mugs, posters, postcards, cell phone covers, computer skins, and other items, including so-called “print on demand” services. However, you may incorporate Content into printed publications, including but not limited to books, book covers, magazines, and newspapers;
Make Content available or use the Content in a digital format so that the Content can be reused by multiple third parties via templates or similar products;
Use any Content together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights;
Use any Content in such a way as to imply that any model depicted in the Content personally uses or endorses a product or service, or endorses any political candidate or controversial opinion without a clear and conspicuous disclaimer that the person depicted in the Content is a model;
Use any Content depicting any model in a way that implies that the depicted person suffers from any physical or mental infirmity, ailment or condition unless accompanied by a clear and conspicuous statement indicating that the person is a model and the Content is being used for illustrative purposes only;
Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of such Content;
Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof; or use any Content marked “Editorial Use Only” for non-editorial purposes.
If you use Content in connection with a book, e-book, magazine, newspaper, or on the internet, you must give credit and provide a copyright attribution to the copyright holder Martin Bailey. Such credit and attribution must be in substantially the following form:
“Image or Footage (as applicable) Copyright Martin Bailey / martinbaileyphotography.com”
If you use Content in connection with a film, television broadcast, documentary or other video or multimedia presentation, you agree to use reasonable commercial efforts to accord the copyright holder a credit as provided above if any other provider of images or footage is accorded credit in such work.
All credits must appear on the copyright page or in the copyright section of the work into which the Content is incorporated. If there is no copyright page or section, the credit may be located any place on the work. In all cases, the credit must be of a size, color, and prominence that is clearly and easily readable by the unaided eye.
Martin Bailey Photography K.K. may waive credit attributions and copyright notices on a case by case basis. If you have any questions regarding credit attributions and copyright notices, or would like to request that Martin Bailey Photography K.K. grant you a waiver of such requirements, please contact us. No waiver of such requirements will be effective unless confirmed in an email or other writing from Martin Bailey Photography K.K. to you.
Martin Bailey Photography K.K. represents and warrants that:
i. Unaltered Content which is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property rights, and such unaltered Content does not violate any third parties’ rights of privacy or publicity;
ii. Unaltered Content does not and will not: (i) violate any law; (ii) be defamatory or libelous, or (iii) be pornographic or obscene
These representations and warranties do not apply to Content designated “Editorial Use Only”.
While Martin Bailey Photography K.K. makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, we make no warranties and/or representations regarding such keywords or image descriptions.
You represent and warrant that if you are entering into this Agreement on behalf of an employer or other entity, you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Martin Bailey Photography K.K. for any breach of the terms of this Agreement.
In order to best provide its services, Martin Bailey Photography K.K. reserves the right to modify these terms at any time and to notify you of material changes at the email address which you provided to Martin Bailey Photography K.K.. If you do not agree with the changes, do not download any Content after the effective date of such changes. By downloading Content after such changes are effected, you consent to the changes.
If you breach any of the terms of this Agreement or any other agreement with Martin Bailey Photography K.K., Martin Bailey Photography K.K. has the right to terminate your account without further notice. Martin Bailey Photography K.K. is under no obligation to refund any fees paid by you in the event that your account is terminated by reason of any such breach.
Martin Bailey Photography K.K. does not warrant that the Content, the martinbaileyphotography.com website, or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance, and use of the foregoing is solely with you.
You understand that you should seek competent counsel before using Content in connection with any commercial endeavors.
The validity, interpretation, and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of Japan. Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of Tokyo, Japan, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.
Except as expressly contained herein, neither Martin Bailey Photography K.K. nor its officers, employees managers, members or suppliers will be liable for any damages, including actual, indirect, special, or consequential damages arising from the download or use of Content or the termination of your account.
Updated July 12, 2017