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TERMS AND CONDITIONS OF USE FOR Photo Resource Hawaii WEB SITE This site permits the use of photographs on Photo Resource Hawaii, after obtaining a valid usage license for reproduction and/or obtaining prior written permission via a licensing agreement between Photo Resource Hawaii and the interested party (s). No downloading, copying or commercial use of any visual content found on Photo Resource Hawaii may be made prior to obtaining a license and/or obtaining prior written permission. United States and international copyright law protect all visual content on Photo Resource Hawaii. No visual content may be licensed for any purpose that is misleading, fraudulent or illegal. Terms of Use THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Photo Resource Hawaii. PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE OR DOWNLOAD ANY IMAGE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE DISCONTINUE USING THIS SITE. Ownership of This Web Site This Web site is owned and operated by Photo Resource Hawaii. All of the Content featured or displayed on this Web site, including, but not limited to, text, graphics, images, illustrations and software ("Content"), is owned or distributed by Photo Resource Hawaii; photographic copyrights are owned by the photographer credited for each image. For the protection of the content on Photo Resource Hawaii, we may elect to digitally watermark any and all images without prior notice. Your Use of the Content Until you obtain a license and/or written permission from Photo Resource Hawaii to use any image content, you may not download, reproduce, distribute, transmit, or otherwise exploit the content in any way except as described in the permitted usage below. Your use will be limited to the scope of the license agreement and/or the written permission from the copyright holder. No illegal use is ever permitted. All elements of the Photo Resource Hawaiiweb site, including, but not limited to, the general design and the Content, are protected by copyright, trademark and other laws relating to intellectual property rights. Permitted Usage Low-resolution use of content on the Photo Resource Hawaii site: Use of content is limited to ONE-TIME NON EXCLUSIVE RIGHTS unless the scope of the usage requested and supplied by Photo Resource Hawaii is granted beyond these rights as outlined in the usage agreement. Low-resolution use of content on the Photo Resource Hawaii site: Photo Resource Hawaii grants you a personal, non-transferable, non-exclusive right to copy the images you have selected onto your computer hard drive for in-house use only. The image(s) may only be copied, modified and incorporated in materials for in-house layouts to be used as in-house presentations, storyboards, or rough draft designs for yourself or your clients and not for use in final projects or use on any Intranet or Internet. Restrictions as to Use The following uses are prohibited: No web use of images in anyway what so ever without permission from Photo Resource Hawaii. Expiration of agreement The agreement for use is time specific. Use of the image beyond the terms of the limited license agreement and/or written permission of the copyright holder without first obtaining an additional license and/or additional written permission of the copyright holder is prohibited. If it is apparent that the terms of the agreement have been abused, the originally invoiced party will be invoiced again, without further notice for additional money as deemed fair and equitable by Photo Resource Hawaii to cover the additional time enjoyed, outside of the agreement. Use of the image in a manner that is illegal Archiving, republishing, transmitting or altering any image (s) found on Photo Resource Hawaii in support of illegal, fraudulent or misleading communication vehicles is strictly prohibited. Alteration of original image Dragging the image into a PhotoShop-type image management program and manipulating the image in an attempt to alter the composition or the content to create a "new" image that Photo Resource Hawaii has no dominion over is strictly prohibited. If it is required, an image may be altered only after written confirmation from Photo Resource Hawaii. Resale It is prohibited to resell any image (s) or content from Photo Resource Hawaii to another individual or entity. Use in sexually graphic material In the event that the image (s) requested are to be utilized in supporting sexually graphic materials or sexually oriented messages, prior notice and permission must be obtained from Photo Resource Hawaii before downloading any content from the site. At no point in time is it to be assumed that permission will be granted. Copyright and Refund statement Copyright The copyright to all images and to all content on Photo Resource Hawaii web site is retained by the photographer credited to each image. At no time whatsoever, is copyright transferred. The rights granted by agreement are not transferable to a third party nor are the rights granted to be misconstrued as being a transfer of ownership or transferral of copyright to any individual, group or corporation. Equally, the payment of usage fees does not constitute a "deposit" towards ownership, nor will money paid to Photo Resource Hawaii go towards a "transfer" of ownership. The invoice covers a set period of time requested by the individual or organization. Once that period of time expires, the ability to utilize the image also expires. Copyright Infringement Once an image (s) has been selected and the requirements for reproduction outlined in an agreement and invoiced, nonpayment of said invoice will constitute willful copyright infringement and all legal actions available will be taken by Photo Resource Hawaii to protect its property and the copyright of the image (s) in question. Refunds Image selection Make sure that the image (s) you selected are the ones you need. After the sale has been finalized there will be no refund of money paid to Photo Resource Hawaii regardless if the image (s) have been utilized in the given and agreed upon timeframe or not. However, an exchange for a different image (s) may be possible. Image timeframe The usage agreement covers a specific period of time. It is not transferable. If you elect NOT TO USE THE IMAGE DURING THIS TIMEFRAME previously requested by and agreed to, or the project is placed on hold or simply there is a change of budget or creative direction, Photo Resource Hawaii is not obligated to refund invoiced money. It is your choice not to utilize the image (s) you've selected and paid for. At no time whatsoever, will Photo Resource Hawaii refund money paid against remaining time on an agreement. Regardless that an agreement provides for "multiple uses" and you use it once only - or - the agreement provides for "3 images for a year" and you use only 2 images for 6 months, we will not provide any refund for unused time on a license agreement. Disclaimers THE IMAGES ON Photo Resource Hawaii ARE PROVIDED "AS IS" AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Photo Resource Hawaii WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE. EQUALLY, UNLESS INDICATED AS MODEL RELEASED ON THE WEBSITE, IT IS TO BE ASSUMED THAT ANY AND ALL IMAGE OR IMAGES FOUND ON Photo Resource HawaiiARE WITHOUT MODEL RELEASES ON FILE. Indemnification You shall indemnify Photo Resource Hawaii against any losses, expenses, costs or damages incurred as a result of your breach of the terms of this agreement or your unauthorized use of the content and related rights. |
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