1. Applicability

This Digital Photo Licence applies to all digital photos made available by Images by Merle through its online gallery (Race Day Collections). By purchasing, downloading or otherwise using a digital photo, the Customer acknowledges and accepts this Digital Photo Licence, the applicable Terms of Sale and, where applicable, the General Terms and Conditions of Images by Merle. The processing of personal data in connection with the purchase and delivery of digital photos is governed by the Privacy Policy of Images by Merle.

2. Intellectual Property Rights

All copyright and other intellectual property rights in the digital photo(s) remain exclusively vested in Images by Merle. The purchase of a digital photo does not transfer ownership or any intellectual property rights to the Customer. Nothing in this Digital Photo Licence shall be interpreted as a transfer or assignment of copyright or any other intellectual property rights.

3. Granted Licence (Private Use)

Upon full payment, the Customer receives a personal, worldwide, non-exclusive, non-transferable and non-sublicensable licence to use the purchased digital photo(s) for private purposes only. Subject to this Licence, the Customer may:

• store the digital photo(s);
• print the digital photo(s) for private use;
• share the digital photo(s) via personal social media accounts, provided that, where reasonably practicable, Images by Merle is credited by name or tagged.

4. Prohibited Use

Unless expressly authorised in writing by Images by Merle, the Customer shall not:

• use the digital photo(s) for commercial purposes;
• use the digital photo(s) for business activities, advertising, promotion, websites, printed publications or other commercial communications;
• edit, manipulate, crop, retouch or apply filters to the digital photo(s);
• create derivative works based on the digital photo(s);
• transfer, sublicense, distribute, sell, licence or otherwise make the digital photo(s) available to third parties;
• authorise third parties to use the digital photo(s);
• remove, alter or conceal any copyright notice, metadata or other intellectual property information;
• remove, alter or conceal any watermark or logo displayed on preview images;
• take screenshots or otherwise copy preview images displayed in the online gallery;
• use the digital photo(s) for training, testing or improving artificial intelligence systems, machine learning models or similar technologies.

5. Preview Images

Preview images displayed in the online gallery contain a visible watermark or logo and are intended solely for viewing prior to purchase. Copying, downloading, reproducing or taking screenshots of preview images is prohibited.

6. Purchased Digital Photos

Purchased digital photo(s) are supplied without a watermark or logo. The Customer is responsible for downloading and securely storing the purchased files. Images by Merle is under no obligation to archive, retain or make purchased digital photo(s) available again after delivery.

7. Commercial Licence

Any commercial use of the digital photo(s) requires the prior written permission of Images by Merle. A separate commercial licence may be requested at any time.

8. Infringement

Any use outside the scope of this Digital Photo Licence constitutes an infringement of the intellectual property rights of Images by Merle. Images by Merle reserves the right to claim full compensation for all damages suffered, including but not limited to unpaid licence fees, legal costs and any other losses resulting from the infringement.

9. Liability

Liability relating to the purchase and use of digital photo(s) shall be governed by the General Terms and Conditions of Images by Merle.

10. Privacy

Personal data processed in connection with the purchase and delivery of digital photo(s) is handled in accordance with the Privacy Policy of Images by Merle.

11. Relationship with Other Documents

This Digital Photo Licence forms an integral part of the legal documentation of Images by Merle. In the event of any conflict relating to the use of digital photo(s), the provisions of this Digital Photo Licence shall prevail over the General Terms and Conditions and the Terms of Sale, insofar as the conflict relates to the permitted use of the digital photo(s).