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Photo And Beyond LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) ? By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Photo And Beyond (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Photo And Beyond hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Photo And Beyond and ?Materials? from our website will constitute and be defined as any photo, image, design, or layout represented on the Photo And Beyond website. By downloading any Materials from Photo And Beyond you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User?s Rights to Images from Photo And Beyond. You agree to access, acquire, and use our Images as follows:
- These Terms and Conditions constitute a legal Agreement between You and Photo And Beyond.
- Photo And Beyond.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Images according to the defined Terms and Conditions of this Agreement.
- You may access, acquire, and use the Images downloaded from Photo And Beyond.com subject to these Terms and Conditions in the following manner:
- a. In the development and creation of your business presence and entity.
- b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover?s design, and newspapers.
- c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
- d. As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
- e. In a PowerPoint presentation, however, use of our Images in this medium must include an explicit statement in an easily identifiable location in this presentation noting that ?Some images contained in this presentation are the copyrighted property of Photo And Beyond. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Photo And Beyond.?
- f. As part of a design element of a Website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the Images from our Website in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client Websites that are NOT distributed through an archive or automatic system.
B. User?s Restrictions on the Use of Photo And Beyond Images. You agree not to access, acquire, or use our Images in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
- You may not distribute, share, sell, or give away any of our Images at any time for any reason whatsoever.
- You may not distribute our Images electronically or in hard copy, except as specifically outlined in the ?User?s Rights to Images from Photo And Beyond? section of this Agreement.
- You may not use any of the Images downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our Images in client websites that are NOT distributed through an archive or automatic system.
- You may not allow or authorize any third party to use the Images for any purpose at any time or resell, sublicense, or otherwise make available the Images for use or distribution separately or detached from a product or Web page. Including use or display any Image on websites or in connection with any service designed to sell or induce sales of ?print on demand? products, including, by way of example only, postcards, greeting cards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our Website at any time.
- You may not under any circumstances use Images in connection with any illegal, obscene, immoral, or pornographic material.
- You may not use an Image marked ?Editorial Use Only? for commercial purposes. If an Image is marked, ?Editorial Use Only?, additional permissions may be required for commercial use. Photo And Beyond does not provide such permissions.
- You may not use any Image (in whole or in part) as a trademark, logo or an element thereof.
- You may not stockpile, download, or otherwise store any Images not used within six (6) months after the expiration of your account.
- You may not use an Image as part of or in connection with the production, promotion or marketing of any multimedia or audio-visual work with an intended audience of more than two hundred fifty thousand (250,000) viewers, including, but not limited to, any documentary, news or television program or film. Please contact Customer Service if you have a need for this type usage.
C. You understand and agree that Photo And Beyond may, in its sole discretion:
- Monitor your download activity from Photo And Beyond as often as Photo And Beyond determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what Photo And Beyond determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Photo And Beyond sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- Investigate any abuse of your username and password in connection with the Photo And Beyond Website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on the Photo And Beyond Website, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Images , you lose all rights to Photo And Beyond Images , and you must IMMEDIATELY delete any and all Images obtained prior to this termination, and forfeit all fees paid.
D. You understand that through electronic contract with all Contributing Members Images are copyrighted and licensed by Photo And Beyond for distribution through this Website only, and any unauthorized use of any of these Images by you may be an infringement upon said copyright. If a contract with a Contributing Member is terminated, for any reason, Photo And Beyond will no longer hold a license to distribute said Contributing Member?s Images or content.
E. Photo And Beyond and all Images are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Photo And Beyond its employees, directors, and officers and anyone else associated with Photo And Beyond makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Photo And Beyond further makes no representation or warranty that your usage of the Photo And Beyond Website will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access the Photo And Beyond Website, you do so at your own risk.
F. Photo And Beyond, its employees, directors, and officers, or anyone else associated with Photo And Beyond shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Images including but not limited to any false statements from Contributing Members regarding copyright and ownership of any and all Images provided to Photo And Beyond. Photo And Beyond, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using the Photo And Beyond Website, and for accessing, acquiring, and/or using Images from the Photo And Beyond Website.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Images in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Images will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Photo And Beyond is accurate and true, including without limitation all credit card information.
H. You agree to fully, indemnify, and hold harmless Photo And Beyond, its employees, directors, officers, and any other entity associated with Photo And Beyond, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Images and this Website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement. Photo And Beyondreserves the right to make changes to this agreement at any time and incourages all Users and Content Contributors to periodically review and understand it.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
Photo And Beyond Terms of Service
Contributing Member Agreement
Photo And Beyond maintains a Website site, www.photoandbeyond.com (?Website?), to which registered Content Providers can upload Images and other electronic content for the purpose of allowing Photo And Beyond to act as their agent for licensing Image rights to other Users. By registering with Photo And Beyond for the purpose of providing content, Content Provider agrees to the following:
A. Consent
The Photo And BeyondWebsite may contain Images that are unsuitable for children under the age of 18 years. You must be at least 18 years of age to register with Photo And Beyond to content. Photo And Beyond may require that the registrant provide sufficient proof that are at least 18 years of age. Minors can access photoandbeyond.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. Photo And Beyond may elect at its sole discretion to monitor any area or records pertaining to the Website for compliance with this agreement or for any other reason.
B. Uploading Content and Rights for Content Providers
By uploading content such as photograph image files or graphic design artwork (Images), Content Provider agrees to give Photo And Beyond and all users irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works. Photo And Beyond has the right to license any content up until the time Content Provider removes the file from the Website or terminates the electronic contract stated herein.
C. Compensation
Photo And Beyond will pay Content Provider the fee specified on the Website or by separate schedule for each download of an Image by a user. All commissions are paid based upon the current advertised price for images on the Photo And Beyond
D. Copyright
The copyright of all Images uploaded by the Content Provider is retained by Content Provider . Content Provider may not upload content to which they do not own the copyrights.
E. Member Warranties and Responsibilities.
1) Registration Content Provider warrants that he or she has provided Photo And Beyond with accurate, complete, and updated registration information while registering and agrees to correct and update that information to ensure its accuracy and completeness at all times.
(2) Account Responsibility.
All Content Providers who register online for Photo And Beyond will receive an Account on the Website. Content Provider is entirely responsible for any and all activities conducted through Content Provider Account and any Content Provider-names associated with that Account. Content Provider may not permit another individual to use the Account. Content Provider agrees to notify Photo And Beyond immediately of any unauthorized use of Content Provider?s Account as well as of any other breach in security.
(3) Content Provider Names
Upon your registration as a Content Provider of Photo And Beyond, you may be asked to choose a screen name to identify yourself to other Content Providers and Photo And Beyond staff. You may not select or use a Content Provider name of another person (unless it is also your name), or a name which violates any third party?s trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which Photo And Beyond deems in its discretion to be vulgar or otherwise offensive. Photo And Beyond reserves the right to delete any vulgar or otherwise offensive Content Provider screen name.
(4) Former Content Providers.
Content Providers whose accounts have been terminated by Photo And Beyond may not access
Photo And Beyond in any manner or for any reason without the express
written permission of Photo And Beyond. Active Content Providers may not knowingly allow former Content Providers who have been terminated to use the active Content Provider?s accounts.
(5) By uploading content such as photograph image files, Content Provider warrants that:
a. he or she is the owner of the copyright of said Image(s).
b. content does not depict subject matter in a manner that violates any laws.
c. the uploading was not done with the intent to threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person, group or thing.
(6) By uploading a model release or property release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Content Provider warrants that the information is complete and accurate. All images on the Photo And Beyond web site showing a recognizable person will have a corresponding model release available for any purchaser to review before or after image purchases are made.
F. Refunds for all Image Purchases
All Image purchases are non-refundable.
G. Indemnification
Content Provider shall indemnify, defend and hold harmless Photo And Beyond, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys? fees and costs) and damages in consequence thereof. Photo And Beyond reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Content Provider?s indemnity obligations.
H. Control of Operations
(1) Photo And Beyond, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others.<BR />
(2) Member Privacy.
Photo And Beyond may access and disclose any information about Content Provider, Content Provider?s accounts, or any content Content Provider provides to the Website if Photo And Beyond believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or Users.
(3) Photo And Beyond reserves the right, but does not assume the responsibility, to restrict conduct which Photo And Beyond deems in its discretion to be harmful to individual Content Provider, damaging to the communities that use Photo And Beyond, or in violation of Photo And Beyond? or any third party?s rights.
I. Additions
Photo And Beyond expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
Photo And Beyond, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Photo And Beyond. From time to time the porting of particular content may not be feasible and Photo And Beyond may remove any such content from the Website without any liability to Content Provider. Content Provider is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.
Photo And Beyond assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from Photo And Beyond.
Photo And Beyond makes no warranty that service will be uninterrupted, timely, secure, or error free. Photo And Beyond makes no warranty as to the use or the results that may be obtained from the use of Photo And Beyond. Photo And Beyond makes no warranty with respect to any related software or hardware used or provided by Photo And Beyond in connection with Photo And Beyond. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
J. Limitation of Liability
Content Provider acknowledges that Photo And Beyond shall not assume or have any liability for any action by Photo And Beyond or its affiliates and licensees with respect to the use of Images. To the fullest extent permitted by applicable law, including but not limited to, negligence, Photo And Beyond shall not be liable to Content Provider for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Photo And Beyond has been advised of the possibility of such damages, in connection with Photo And Beyond or with any other product or service provided by Photo And Beyond, or resulting from the use of or the inability to use the Website or any transaction entered into through or from Photo And Beyond, or from unauthorized access to or alteration of your transmissions, data, or account. Content Provider specifically agrees that Photo And Beyond is not responsible or liable to Content Provider or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another?s rights, including intellectual property rights, rights of publicity, or rights of privacy.
K. Termination
Content Provider or Photo And Beyond may terminate your account with Photo And Beyond at any time with or without cause. Your emailed notice of termination will be effective upon receipt by Photo And Beyond at which time all Images and account information will be removed from the Photo And Beyond servers and any outstanding payments due to Content Provider will be forfeited by Content Provider.
L. Conduct
Content Provider may not upload content which is unlawful and agrees to use Photo And Beyond only for lawful purposes. Content Provider may not post to or use Photo And Beyond to transmit sexually explicit images or other content which is deemed by Photo And Beyond to be generally offensive to the public or harmful to minors.
M. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement comprises the entire agreement between Photo And Beyond and Content Provider, and supersedes any prior agreements. Photo And Beyond reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions.
SPECIAL LICENSING
Generally permitted without a special license
Advertisements, presentations, book covers, set designs, trade show signage, film or video, product packaging, business cards, scholastic materials, newsletter, brochure, invitations, flyers, PowerPoint template, web page designs
Generally not permitted without a special license
Posters, art prints, paintings, postcards, e-cards, greeting cards, calendars, t-shirts, mugs, hats, online galleries, screensavers
Photo And Beyond is offering Special Licensing option for buyers with special needs like reprinting rights for posters, post cards, art prints, print photos on shirts, hats, mugs, etc.?
This is how you get started
Simply review Special License here and then contact us with information about your needs and we'll be happy to get you pricing and set up your account.
Your name?
Your email?
Your phone?
Reason for inquiry?
How many copies of your product will you distribute?
We can only work with photo buyers with fair and legitimate needs and we will review photo buyers usage to be sure that photo buyers are in compliance with the agreement terms. Except where otherwise specified our standard Photo Usage Agreement also applies to Special Licensing image purchases.
The photographer always retains the resale and copyrights to the images. You may not resell the digital image file under any circumstances. They are intended to become part of your product. |
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