Terms And Conditions of Use
Welcome to Zoggavia (‘website’). These terms and conditions of use (‘terms’) constitute a legal agreement between you and Zoggavia (‘Zoggavia Classic Aviation Photography’). Your use of this website constitutes your acceptance of the terms. If you do not agree with the terms, please do not use this website.
A. Ownership of This Website and Its Contents
This website is owned and operated by Zoggavia. All of the content featured or displayed on this website, including, but not limited to, text, graphics, images, illustrations and software (‘content’), is owned by Zoggavia, and its content providers. All images and illustrations are the property and copyright of Zoggavia and content/image contributors
All elements of the Zoggavia website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Zoggavia, no portion or element of this website or its content may be copied or re-transmitted by any means and this website, its content and all related rights shall remain the exclusive property of Zoggavia.
You shall indemnify Zoggavia and its licensors against any losses, expenses, costs or damages however incurred by any or all of them as a result of your breach of these terms or your unauthorized use of the content, website and related rights.
B. Use of the Site
This website and its content are intended for customers of Zoggavia. You may not use this website and its content for any purpose not related to your business with Zoggavia. Any use of the content, this website or any of its functionality for a purpose not permitted by these terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by Zoggavia for use of this website.
Zoggavia does not sell or rent information about our customers to any third parties. All information supplied to us, including your Email address, is used for internal purposes only, in order to stay in touch and inform you of the latest news, promotions and updated website information.
All images and illustrations (‘image[s]’) are the property and copyright of Zoggavia and its contributors. No images or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from Zoggavia.
E Image Licensing
All images requested and purchased through Zoggavia are offered on a personal use licence (non commercial use) or rights managed license (commercial or editorial use) basis and are non-exclusive. The copyright of the image is always retained and managed by Zoggavia. The licences serve to protect the rights of Zoggavia and its contributors. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the licence has been agreed, with the full Zoggavia licensing and purchasing terms.
Usage Rights: When images are licensed by Zoggavia, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further agreement by Zoggavia. The licence will state the media use, duration rights and the territories for the usage. Reproduction of an image may only take place once licence terms have been agreed and a licence granted, and all confirmed in writing. Following Zoggavia permission to use an image, all images must be destroyed after use or on expiry of the licence term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright.
By downloading images from our website, either as a new payment or with an agreed pricing arrangement with Zoggavia, you are agreeing to Zoggavia non-transferable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the licence.
Usage Fee: A fee is generally payable to license any rights-managed image. The fee is based on how the image is going to be used. You specify the following items:
- Editorial or commercial use
- What industry or industries the image will be used for
- Geographical area where the image will be used
- Length of time the image will be in use
Zoggavia calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the licence. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by us under licence in accordance with these terms.
Cropping and Image Manipulation: The rights to alter any image rests with Zoggavia and Zoggavia will seek the opinion on any alteration request.
Captions: All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.
Credit Lines: With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read © Zoggavia/[Photographer's or Contributor’s name]. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
Published Images: Zoggavia requests two copies of any publication featuring an image reproduction upon publication.
Intellectual Property Right/Model Release: The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Zoggavia harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
(a) no release was furnished by Zoggavia in writing,
(b) the use of any images exceeds the scope of the release provided by Zoggavia.
The licensee will also indemnify and hold Zoggavia harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Zoggavia’ liability for all claims shall not exceed in any event the total amount invoiced per particular image. Zoggavia makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Zoggavia uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability. Images of aircraft, and places like airports, people or other locations displayed on the website are either the property of, or used with permission by, Zoggavia. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission provided elsewhere on the website or by separate licence or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.
G Governing Law and Jurisdiction
This agreement is governed by the laws of Finland whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded. Save for infringement of copyright where it will be non-exclusive.