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| Terms and Conditions of Use/End User License Agreement (EULA) |
SierraStock.com operates a stock photography website, www.sierrastock.com (Website) and acts as agent for licensing image rights to users (Users) on a royalty free basis. THIS IS A LEGAL AGREEMENT BETWEEN YOU ("USER") and Sierra Stock, Inc. Your use of this Site constitutes your acceptance of the Terms. If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement. By registering with SierraStock.com, you agree to the following:
Eligibility
You must be at least 18 years of age to register with SierraStock.com to provide content. By registering, you certify, and agree to provide proof to SierraStock.com, that you are at least 18 years of age. Minors can only access SierraStock.com by having their parent or legal guardian register on their behalf. By registering in this way, the parent or legal guardian becomes the User, authorizes the minor to use the Website and agrees to be bound personally by the terms and conditions of this agreement.
Ownership of This Website
This Web site is owned and operated by Sierra Stock, Inc. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other United States and international laws or treaties relating to intellectual property.
Use of This Website
This Site and its Content are intended for customers of SierraStock.com. You may not use this Site or the Content for any purpose not related to your business with SierraStock.com. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by SierraStock.com for use of this Site.
The Site acts as an exchange of Content between those who provide Content to the Site and those who wish to use such Content. SierraStock.com grants no rights and makes no warranties regarding the use of names, people, trademarks, trade dress, patented or copyrighted designs or works of art or architecture or other forms of intellectual property represented in any Content. While we have made reasonable efforts to correctly categorize and keyword the Content, SierraStock.com does not warrant the accuracy of such information.
User Warranties
User warrants that he or she has provided SierraStock.com with accurate, complete, and current information during the registration process, and agrees to update registration information to ensure its accuracy and completeness at all times.
User Responsibilities
All Users who complete online registration with SierraStock.com will create a password and an account (Account). The User is entirely responsible for any and all activities conducted through his or her Account. User may permit another individual to use the Account, subject to User's supervision and assumption of all resulting liabilities. User agrees to notify SierraStock.com immediately of any unauthorized use of his or her passwords or Account, as well as any other security breach. Registration as a User of SierraStock.com requires you to choose a User Name, to identify yourself to the SierraStock.com community. You may not use a User Name that is already in use on the site, or a name that violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which SierraStock.com deems in its discretion to be vulgar or otherwise offensive. SierraStock.com reserves the right to delete or to require the deletion of any vulgar or otherwise offensive User Name. Users whose accounts have been terminated by SierraStock.com may not access the Website in any manner or for any reason without the express written permission of SierraStock.com. Active Users may not knowingly allow these terminated members to use their active accounts.
Termination of Membership
Either the User or SierraStock.com may terminate the User's account at any time and without cause. User's only right with respect to any dissatisfaction with any term, condition or policy, or practice of SierraStock.com in operating the Website content available through SierraStock.com or change therein, or amount or type of any fees or billing methods, or any change thereof, is to terminate the membership by sending email to support.com or by using the web support request form at http://www.sierrastock.com/contact_us.html. Your notice of termination will be effective upon receipt by SierraStock.com, or upon receipt of confirmation, if confirmation is requested.
Prohibited Conduct
Any conduct by a User that in SierraStock.com's sole discretion restricts or inhibits any other User, Member, person or entity from using or enjoying SierraStock.com or another service will not be permitted and shall induce SierraStock.com to exercise its right to immediately terminate membership without notice. User agrees to use SierraStock.com only for lawful purposes. User may not post to or use SierraStock.com to transmit sexually explicit images or other content that is deemed by SierraStock.com to be generally offensive to the public or harmful to minors.
Use of Purchased Images
Upon payment of the required fees, SierraStock.com licenses you the use of image files on a non-exclusive, non-transferable basis, only for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, it is not allowed. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by SierraStock.com or the supplier of the Content, as the case may be.
Intellectual Property and Privacy Laws
You acknowledge that the content available through SierraStock.com is the property of SierraStock.com or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from SierraStock.com stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from SierraStock.com or its content providers. While Content Providers (Members/Photographers) are required to secure and maintain any necessary property or model releases for all applicable uploaded images, SierraStock.com makes no claims or warranties as to the existence or validity of model or property releases associated with any image. Such releases should be verified by you and such usage shall be at your risk.
Sensitive use Disclaimer
Licensee may not use the Image(s) in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Image(s) that involves or implies illegal activities, medical conditions or procedures, other health and mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, teen pregnancy, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence.
If any Image(s) featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a conspicuous statement that indicates that the person so pictured is a model and the Image(s) is used for illustrative purposes only.
Permitted Uses:
Acceptable uses include but are not limited to consumer merchandise, website designs, business cards, other designs, website and powerpoint templates, book and album covers, product packaging, advertisements, newsletters, flyers, brochures, set designs, scholastic and promotional materials, films or videos, demonstrations, presentations, trade show signage and other uses where the image is not a definitive main part of your product. Using the photo as part of your product is generally OK. Using the image or re-printing the image in a way that it really IS the main part of your product or is a main definitive part of your product is generally not OK.
Purchasing an image buys you a license to use the image in one product/project. If you are creating several products/projects you must re-purchase photo for each new product/project.
You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).
You may:
- display the images from image files in any manner not prohibited by the agreement. We request that you include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: "© Photographer's Name. Image from SierraStock.com".
- modify or alter images as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, images or files taken from SierraStock.com and integrated into said derivative work are still copyrighted by SierraStock.com or the appropriate content provider. By purchasing a license to use an image file from SierraStock.com you are not purchasing copyrights to the image files in any way. If requested by SierraStock.com, you agree to execute a written assignment of any such copyrights with respect to such derivative work (see Permitted Derivative Work, below).
- in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
- print a copy of the photo for your own use in any size, but you may not resell it, or redistribute it to others in any way.
Templates and Redistribution of Image Files
This license allows you to incorporate images into your Photoshop, Fireworks, Illustrator or PowerPoint templates as needed, but they MUST be part of the .PSD, .PNG, .AI, .EPS or .PPT file itself - you may not supply the images as stand alone files outside of the .PSD, .PNG, .AI, .EPS or .PPT template file.
Permitted Derivative Work
You may not use the Content in products for resale, license or other distribution, unless the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a "Permitted Derivative Work" for the purposes of this Agreement). If there is any doubt that a work is a Permitted Derivative Work, you should seek legal guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.
Prohibited Uses
You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are "Prohibited Uses."
You may not:
- print the photo or image as a poster, postcard, greeting card, on a mug, shirt, hat, mouse pad, art print, painting, calendar, book, or gallery or use the image in screensavers, e-card software, web page builders or other systems where the image is shared or distributed to a number of users.
- display or post images obtained from the SierraStock.com Website in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save or steal the photos. If more than 10 images from the Website are being used per website page, size must be no more than 200 pixels in height or width. This is to prevent photos from being freely or easily re-distributed. If your photo is larger than 800 pixels and is an integrated part of a product, design, template or website, this is fine.
- use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
- use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
- post any file obtained from the Website in a gallery format designed or intended to facilitate transfers of files via the Internet by individual users.
- resell or distribute any file obtained from the Website or its associated depiction unless the image is an integrated part of the product being resold, and comprises less than 50 percent of the overall product, page layout or design. (see Permitted Uses section, above)
- reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law. You may alter the image file to suit your visual needs, as long as the alteration does not violate any part of this agreement.
- use any part of an image as a trademark, service mark, logo, or part thereof.
- remove any copyright or trademark information from any place in the files or accompanying materials.
Unauthorized Use/Retroactive License Fee
Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling SierraStock.com to exercise all rights and remedies available to it under copyright laws around the world. User shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to SierraStock.com other remedies under this Agreement, SierraStock.com reserves the right to charge and User agrees to pay a fee equal to ten times SierraStock.com's normal license fee for use of the Image(s).
Termination of License
SierraStock.com reserves the right to automatically terminate any license issued by it without notice if you or your employer fails to comply with any provision of this agreement or any license agreement issued by SierraStock.com. Upon termination, you and your employer must immediately stop using the Image(s), delete the Image(s) and all copies from all magnetic media and destroy all other copies. SierraStock.com reserves the right to discontinue the use of any Image(s) for any reason and elect to replace the Image(s) with an alternate Image. Upon notice of any discontinuance of the use of a particular Image(s), you, your employer and your client, if applicable, agree not to use the Image(s) in the future.
Digital Files
Except as permitted under a license agreement, User must delete any Image(s) downloaded and stored in any electronic and removable media and destroy any other copy of the Image(s). The copyright symbol, the name of SierraStock.com and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.
Pricing
All pricing is subject to change. SierraStock.com reserves the right to make adjustments due to changing market conditions, errors in advertisements and other extenuating circumstances.
Return Policy
All royalty-free single images downloaded from the Web site are non-returnable. All sales of these items are final.
Operations and Privacy
SierraStock.com, in its sole discretion, may remove any content uploaded to the Website and may elect to monitor any area or records pertaining to the Website for compliance with this agreement or for any other reason. If SierraStock.com 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, SierraStock.com may access and disclose any information about Users, Users' accounts, or any content Users provide to the Website. SierraStock.com reserves the right, but does not assume the responsibility, to restrict conduct that it deems harmful to individual members, damaging to the communities that use the Website, or in violation of SierraStock.com's or any third party's rights.
Third Party Links
SierraStock.com may provide links to other websites that may be of interest to Users. The links are provided as a convenience and linked sites are not under our control. The existence of links to other sites on SierraStock.com does not imply an endorsement by SierraStock.com and SierraStock.com is not responsible for the availability of or content contained in any linked site.
Indemnification
User shall indemnify, defend and hold harmless SierraStock.com, its officers, directors, employees, partners, associates, affiliates, joint ventures, 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 attorney's fees and costs) and damages in consequence thereof. SierraStock.com 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 User's indemnity obligations.
Disclaimers
SierraStock.com and its content are provided to you on as "as is" basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law. While SierraStock.com makes its reasonable best effort to ensure the accuracy of the Website content, we make no representations or warranties as to the accuracy, correctness, or reliability of the content. SierraStock.com makes no warranty that service will be uninterrupted, timely, secure or error free or that the Website or the server that makes it available are free of viruses or other harmful components. (Because some jurisdictions do not allow for the exclusion of implied warranties, some of these exclusions may not apply to you.) You acknowledge that your use of SierraStock.com is at your own risk. SierraStock.com makes no warranty as to the use or the results that may be obtained from the use of SierraStock.com and assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from SierraStock.com.
SierraStock.com makes no warranty with respect to any related software or hardware used or provided by SierraStock.com in connection with SierraStock.com. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
No Assignment
This agreement is not assignable or transferable on the part of User.
No waiver
No action of SierraStock.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of SierraStock.com in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Limitation of Liability
You acknowledge that SierraStock.com shall not assume or have any liability for any action by SierraStock.com or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to negligence, SierraStock.com is not liable to User(s) 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 SierraStock.com has been advised of the possibility of such damages, in connection with SierraStock.com or with any other product or service provided by SierraStock.com, or resulting from the use of or the inability to use the Website or any transaction entered into through or from SierraStock.com, or from unauthorized access to or alteration of your transmissions, data or account. You specifically agree that SierraStock.com is not responsible or liable to User(s) 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. SierraStock.com's liability to User(s) for breach of this Agreement is limited solely to:
Severability - If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
Arbitration and Legal Fees - With the exception of copyright claims, User agrees that any and all disputes arising out of this Agreement shall be submitted to arbitration in Washoe County, Nevada, pursuant to the rules of arbitration as set forth in Chapter 37, Nevada Revised Statutes know as the Uniform Arbitration Act of 2000. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. User agrees that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest, to the successful party. User hereby consents to service of any required notice or process upon him or her by registered mail or overnight courier with proof of delivery.
Jurisdiction - This Agreement shall be interpreted in accordance with the laws of the state of Nevada, and any action arising out of this agreement shall be brought in the District Court of Nevada in and for the County of Washoe and/or the United States District Court for the Northern District of Nevada.
Acknowledgement
This contract comprises the entire agreement between SierraStock.com and User, and supersedes any prior agreements. SierraStock.com reserves the right to revise this Agreement at any time and such revision shall be effective immediately upon posting of the revised Agreement to the Website. User agrees to periodically review the posted Agreement, to stay apprised of such revisions. If User finds any such revision unacceptable, he or she may terminate membership as described in Termination of Membership, above. Subsequent to posting of a revised Agreement on the Website, User's continued use of SierraStock.com shall be deemed acceptance of all such revisions. By continuing with the registration process or, by selecting "I agree to the Sierra Stock Terms and Services Agreement," you acknowledge that you have read and understand this entire Agreement, and agree to be bound by its terms and conditions.
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