IMAGESTORM PHOTOGRAPHY LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) – By ordering 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 ImageStorm Photography (otherwise listed herein as You or Your) who creates an order for the right to access, acquire, and use Materials from this website. ImageStorm Photography 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 ImageStorm Photography and "Materials” from our website will constitute and be defined as any photo, image, design, or layout represented on the ImageStorm Photography website. By ordering any Materials from ImageStorm Photography 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.
and Conditions as Defined Below:
A. User’s Rights to Materials from ImageStorm Photography. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and ImageStorm Photography.
- ImageStorm Photography grants You a nonexclusive, nontransferable license to order,prints and digital files according to the defined Terms and Conditions of this Agreement.
- Unless otherwise noted in the Rights Management for the individual photo (in the Licensing & Info description for the photograph), you may access, acquire, and use the materials ordered from ImageStorm Photography subject to these Terms and Conditions in the following manner:
- a. For personal, non-commercial related use. Contact us for commercial use permissions and/or rates.
- 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 as long as it is accompanied by a credit to the photographer and ImageStorm Photography.(ie: Photographers Name / Imagestorm.ca)
- c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers as long as it is accompanied by a credit to photographer and ImageStorm Photography.(ie: Photographers Name / Imagestorm.ca)
- d. As part of office presentation and layout for your business, in other words, for décor in an office, lobby, retail store, or public area as long as it is accompanied by a credit to photographer and ImageStorm Photography.(ie: Photographers Name / Imagestorm.ca) .
- e. In a PowerPoint presentation, however, use of our Materials 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 ImageStorm Photography. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from ImageStorm Photography.”
- 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
materials 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 ImageStorm Photography Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your images for any commercial purpose without the written consent of ImageStorm Photography.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the "User’s Rights to Materials from ImageStorm Photography” section of this Agreement.
- You may not use any of the Materials ordered 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 photos 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 Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
- 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 Materials in connection with any illegal, obscene,
immoral, or pornographic material.
C. You understand and agree that ImageStorm Photography may, in its sole discretion:
- Monitor your order activity from ImageStorm Photography as often as ImageStorm Photography determines under its sole discretion for any reason and for any violation of this Agreement.
- Take the appropriate action to
investigate all potential abuse, which can lead to contacting the
individual involved with the violations.
E. ImageStorm Photography and all Materials are made available to you "AS IS,” "AS AVAILABLE,” and "WITH ALL FAULTS.” ImageStorm Photography its employees, directors, and officers and anyone else associated with ImageStorm Photography makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. ImageStormPhotography further makes no representation or warranty that your usage of ImageStorm Photography will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access ImageStorm Photography, you do so at your own risk.
F. ImageStorm Photography, its employees, directors, and officers, or anyone else associated with ImageStorm Photography 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 Materials. ImageStorm Photography, 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 ImageStorm Photography, and for accessing, acquiring, and/or using Materials from ImageStorm Photography.
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 Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials 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 Image Storm Photography is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless ImageStorm Photography, its employees, directors, officers, and any other entity associated with Image Storm Photography, 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 Materials 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.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically