Back TERMS OF USE These are the terms and conditions under which you may use this site, which is the property of Carroll and Carroll Inc. (“Carroll”). This is a contract. Please read it carefully. You must accept this agreement in order to use this site and any images provided by Carroll. By clicking the “I agree” button, you accept and agree to be bound by all of the provisions of this agreement. If you disagree, contact Carroll, or see www.carrollphoto.com for other samples of Carroll and Carroll photography. These terms were last revised on January 31st, 2003. Copyright © 2003 Carroll and Carroll Inc. All rights reserved. The contents of this site and images provided by Carroll are owned by and copyrighted by Carroll and may contain trademarks of Carroll. There are no “royalty free” images on this site. You may print or copy images from this site only for your own use in rough designs or layouts for yourself and your clients, provided that all copyright markings and watermarks contained on the images remain intact, and that the images are not enhanced or modified in any way. You may not use the images, either directly or in the context of their use, in any manner that is defamatory, pornographic, obscene, fraudulent, or portrays agriculture or the subject of the images in a negative way. No other use, publication, downloading, copying, transmission, reproduction or distribution is allowed. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark and other laws. You may license the use of the images found on this site, or other images that Carroll may make available, by contacting Carroll as set out at the bottom of this agreement to request use of the images and providing Carroll with requested information regarding your identity and the proposed use. If Carroll agrees to grant a license to use, such license shall be on the terms of this agreement, including without limitation the following terms unless varied or limited as agreed and documented in an invoice provided by Carroll: The images will be made available to you for download by way of an ftp site provided by Carroll. The images are provided on a non-exclusive basis, unless a special arrangement has been reached and an additional fee paid for exclusive use of an image for a specified period of time as detailed on the invoice. The images are only for use by you, and are non-transferable, provided that if you are an ad agency or designer creating a product for your customer using the images, such customer may use the image on the same terms provided that such customer has been identified to Carroll, and is identified on the invoice from Carroll. In such case, you are responsible for ensuring that the customer is aware of and agrees to be bound by these terms. The creator of the images (Jeff Carroll) has retained all moral rights in the images and reserves the right to exercise those rights, including, without limitation, to be identified as the creator and to maintain his reputation. In particular, and without limiting the foregoing, you may not use the images, either directly or in the context of their use, in any manner that is defamatory, pornographic, obscene, fraudulent, or portrays agriculture or the subject of the images in a negative way. You will provide Carroll at no cost with one (1) copy of each publication or tearsheet equivalent (whether in print, electronic, or otherwise) using the images immediately after printing or creation. The license to use the images is only in effect for a period of 12 months following the date contained on the invoice, after which you must cease using the images. Any use beyond that period may cause damage, loss or injury to Carroll, as Carroll may wish to grant use of the images to others on terms in its discretion, which may be exclusive. If the user or its customer uses the images beyond the term without the express written permission of Carroll, it will pay to Carroll the greater of ten (10) times the amount paid for the initial 12 month license as liquidated damage and not a penalty, or Carroll’s actual damages. The license fee shall be as agreed by you and Carroll, and contained in an invoice provided by Carroll. Fees shall be payable within 30 days of the date of the invoice, and shall be subject to interest at 2% per month for overdue amounts. Carroll reserves the right to require payment prior to making the images available. You may not alter the images or create derivative works, except for minor cropping or minor alterations reasonably required for the intended use of the images. Additional alterations and Photoshop type manipulation is permitted provided that Carroll is informed of the changes. The images and any alterations or manipulations shall remain the property of, and protected by the copyright of, Carroll. While Carroll uses reasonable efforts to maintain this site in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this site, and may make changes thereto at any time in its sole discretion without notice. All information contained herein is provided to users “as is”. In no event shall Carroll or any third parties mentioned on the site be liable for any damages whatsoever (including, without limitation, direct, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this site, the reliability of the Internet, or the material contained on the site, whether based on warranty, contract, tort, strict liability, operation of law or any other legal theory, and whether or not Carroll is advised of the possibility of such damages. Carroll disclaims all warranties or conditions, express or implied, in respect of any information on or the use of this site, or the images, including any implied warranties or conditions of fitness for a particular purpose, merchantability and noninfringement. The parties acknowledge that Carroll has set its prices and entered into this agreement in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if this agreement is found to have failed in its fundamental or essential purpose or been fundamentally breached. You will indemnify Carroll for any damages Carroll may suffer resulting from your use of this site or breach of these terms. This site, this agreement, and the use of the images is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Carroll shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario. You may link to the home page of this site, however you may not link within this site or within frames on your site. Any third party sites that are linked to this site are not under Carroll’s control. Carroll is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Carroll provides links as a convenience only and such links do not imply any endorsement by Carroll of those sites. To the extent that Carroll collects any information from its users, either by cookies, actively provided information, or from its Web hosting service, it uses such information only for its own purposes. Such information is not knowingly provided to any third parties, and will not be divulged unless required by competent authorities or to the extent required or allowed under applicable privacy legislation. Notwithstanding the above, Carroll cannot guarantee that there will never be a situation where personal information is disclosed. You should not provide Carroll with personal information not requested by Carroll that you do not wish others to know. This site is for informational purposes only and nothing contained herein constitutes an offer for sale. Nothing on this site is intended to be an offering for sale of Carroll securities to the public. Carroll and Carroll Inc. Commercial Photography & AgStock 4023 Meadowbrook Drive, Suite 109 London, Ontario, Canada N6L 1E7 Phone: (519) 652-9980 Fax: (519) 652-9246 Email: louise@carrollphoto.com Close Window Back