By downloading AND/OR using editorial content from Troy Media Marketplace, you agree to the following terms and conditions:
1) Troy Media Marketplace grants you the non-exclusive license to use Troy Media/Troy Media Marketplace editorial content in your print or online product, subject to the terms and conditions stated below, in consideration of the fees set forth on the site or, for subscription customers, in the customer’s written contract.
2) Troy Media Marketplace editorial content may only be used for editorial or research purposes. It may not be used for advertising or promotional purposes.
3) Except as otherwise provided in a customer’s agreement, no rights or licenses are granted by Troy Media Marketplace to you.
4) Troy Media/Troy Media Marketplace shall in no event be liable for loss or damage arising to you or any other party by reason of the publication or dissemination of the Troy Media/Troy Media Marketplace editorial content by you. Troy Media/Troy Media Marketplace shall in no event be liable for any loss or damage to you by reason of non-delivery, delay or interruption in delivery of the Troy Media/Troy Media Marketplace editorial content.
5) You will not use or cause or allow to be used any of the Troy Media/Troy Media Marketplace editorial content except for one publication of each item thereof in your publication.
6) Without limitation, you will not make or authorize any distribution of the Troy Media/Troy Media Marketplace editorial content by reprinting, broadcast, cable television, videotex, teletext or other means either separately or in conjunction with other editorial content from publication without the prior consent of Troy Media Marketplace. You will not assign this agreement or any rights therein without first obtaining the written consent of Troy Media Marketplace.
7) You will respect all release pledges on advance matter. Customer agrees to AND MUST publish, with each piece of Troy Media/Troy Media Marketplace editorial content, any credit line and any trademark or copyright notice, or both, that is included with such editorial content.
8) The Troy Media/Troy Media Marketplace editorial content placed online by you must be credited to Troy Media or the editorial content must bear copyright and trademark notices as Troy Media/Troy Media Marketplace has designated:
All Troy Media/Troy Media Marketplace editorial content used online shall carry the brand name of both Troy Media and the originating publication (if any). For text, this would mean using the name of the newspaper in the byline and Troy Media in the dateline. For example:
Byline and dateline:
By John Jones
Toronto (Troy Media) – Hell’s Gate is a much more interesting way of thinking about oil than price
End of story/cutline:
© Year, Publication Name. Distributed by Troy Media.
9) You may not change or manipulate the content of a photograph either physically or electronically. Established photo printing methods such as burning, dodging, toning, cropping and minor color adjustments are acceptable. Retouching, electronic or manual, must be limited to the removal of minor scratches or minor image flaws.
10) You shall not use or permit the use of the services in any way not authorized by these guidelines and shall not distort the substance of or editorial intent of photographs, stories or graphics.
11) You may use a limited number of pieces of the Troy Media/Troy Media Marketplace editorial content per day. editorial content cannot be drawn substantially or wholly from a single provider, and cannot be used to create a replica of the Troy Media Marketplace service.
12) Troy Media/Troy Media Marketplace editorial content that is used online by you may not be sold to or through redistributors on a daily or archival basis, either on a piecemeal basis, or as a part of the your complete online editorial content.
13) Troy Media Marketplace shall have the right to restrict or withhold any editorial content. Troy Media Marketplace shall have the right to immediately revoke the license granted herein.
14) If you use or permit the use of Troy Media/Troy Media Marketplace editorial content in any way not authorized by this license or the specific terms agreed to when an item is purchased, you will be liable for an additional charge equal to twice the maximum price of each misused story or visual.
15) This agreement shall be governed by and interpreted under the laws of the Canada, Province of Alberta.
16) This agreement contains the entire understanding of the parties concerning the Troy Media/Troy Media Marketplace editorial content. It supersedes and cancels all prior understandings, representations and negotiations between the parties. It may be amended only by a document signed by both parties.