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 Photos and Prints and the purchaser (otherwise listed herein as You or Your) who purchases and downloads Materials from this website. Photos and Prints hereby represents that it owns all rights and copyrights to all materials on our website, or is authorized by the photographer to market and license their photographs, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Photos and Prints and Materials from our website will constitute and be defined as any photo, image, design, or layout represented on this Photos and Prints website. By downloading any Materials 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.
ROYALTY FREE LICENSE
Images from our collection can be licensed under one of two programs: Royalty-Free and Commercial Use Rights-Managed. Images are placed into one of these two categories depending on their legal usage.
The Royalty-Free license grants you non-exclusive use of the image or images you select for a one-time flat fee. Once you purchase an image, it is pre-cleared and ready for immediate download and use in a variety of ways. Images licensed under the Royalty Free agreement are licensed to only one person or organization and cannot be distributed or provided to other organizations or persons.
Authorized Uses Under Royalty Free License:
Websites (limited to a single domain)
Illustrations in magazines, books, and other publications
Personal use screen saver
Business cards (limited to one organization/company)
Promotional items (postcards, t-shirts, calendars, mouse pads, bumper stickers, picture buttons, cups, key chains, etc. that are distributed for free) and more.
There are very few restrictions placed on how you can use our images under the Royalty Free license. If in doubt, give us a call at 858.274.0665 for a clarification on your proposed use.
The Royalty-Free license allows you to alter an image and create unique works of your own. The San Diego Photos and Prints Royalty-Free collection offers individual images available for immediate download online. Royalty-Free images are priced based on image size and resolution.
PROHIBITIED USES UNDER ROYALTY-FREE LICENSE
The following uses are prohibited under the "Royalty Free" license:
Photographic prints for sale
Art prints for sale
Posters for sale
Postcards for sale
Calendars for sale
Digital image files for sale or distribution
Incorporation into stock image CDs/DVDs
Any downloadable image files
Any downloadable product
Downloadable website templates
Downloadable website backgrounds
Any product where photographs are the product
Use of our images in any manner defined as illegal by your state or federal government or in pornographic, racist, or hate based material or website is prohibited.
RIGHTS MANAGED LICENSE
The Rights-Managed license grants you non-exclusive use of the image or images you select. Our Rights-Managed license authorizes your use our photographs for commerical resale purposes. Commerical resale uses are items or products that will be sold in stores or through ecommerce websites.
Authorized Uses (Rights Managed License). The following uses require a Rights Managed License.
Postcards for sale
Prints for sale
Apparel for sale (t-shirts, golf shirts, pants, blouses, skirts, jackets, coats, etc.)
Posters for sale
Calendars for sale
Magnets for sale
Keychains for sale
Cups, glasses, and cup holders for sale
Mouse pads for sale
Screensavers for sale
Art tiles for sale
Pigment on canvas prints
Downloadable image files
Magazine or book cover page (for sale)
Stock image CDs/DVDs
Most of our images are available for licensing under our "commercial use rights-managed" program. Our Rights-Managed photos are individually priced based on the number and types of products that will be manufactured and are restricted to a single production run. Rights-Managed licenses can be renewed. To license one or more images for "commercial resale" purposes contact Photos and Prints at: (858) 274-0665 for pricing and to make payment arrangements. Commerical resale licenses range from $1,500 - $15,000 per image depending on planned use.
You understand and agree that Photos and Prints may, in its sole discretion:
- Monitor your download activity as often as Photos and Prints determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what Photos and Prints 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 Photos and Prints 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 a Photos and Prints 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 Photos and Prints, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Photos and Prints Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
You understand that Materials are copyrighted and owned by Photos and Prints only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
All Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS. Photos and Prints, its employees, directors, and officers and anyone else associated with Photos and Prints makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Photos and Prints further makes no representation or warranty that your usage of a Photos and Prints website will be uninterrupted or error free. When you login to your account you do so at your own risk.
Photos and Prints, its employees, directors, and officers, or anyone else associated with a Photos and Prints website 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. Photos and Prints, 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 a Photos and Prints website, and for accessing, acquiring, and/or using downoaded Materials.
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 Photos and Prints is accurate and true, including without limitation all credit card information
You agree to fully, indemnify, and hold harmless Photos and Prints, its employees, directors, officers, and any other entity associated with Photos and Prints, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneysâ€™ 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.
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.
You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.