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1. General.
By
using an image sold to you by Wild Wyoming Images© or exercising any
rights granted under these Terms and Conditions, you agree to be
bound by these Terms and Conditions. If you are unsatisfied with
the quality of any printed photo you purchase from Wild Wyoming
Images©, we will exchange that photo with a similar photo of
acceptable quality for a period of 30 days after
the purchase date, or issue a full refund. The initial photo must
be returned. If you make arrangements to purchase an electronic
copy of a photograph, and the photo we provide proves unsatisfactory
for your planned use, we will issue a full refund. If you request a
refund, you agree not to use the electronic photo image or the
printed photo for any purpose, whatsoever.
2. Image
Rights.
Wild Wyoming Images© owns the rights to the Images displayed on this
Website. All rights not specifically granted by these Terms and
Conditions are reserved by Wild Wyoming Images©.
3. Allowable
Uses and Restrictions.
Conditional upon your payment of the purchase price for the Image
and your adherence to these Terms and Conditions (including all
restrictions), Wild Wyoming Images© grants to you a non-exclusive,
non-transferable right to use the image(s) you purchased
for personal use, unless you enter in an agreement with Wild Wyoming
Images© for commercial, corporate, or other for-profit use of the
image(s). See our Commercial and Corporate Use page for details
regarding purchasing and using our images for these purposes.
Uses that May Be
Allowable With Agreement
3.1.1 Print
Uses (defined below).
Acceptable uses include promotional items (greeting cards, t-shirts,
postcards, posters, phone cards, credit cards, templates, CD covers,
cassette covers, board games, calendars), magazines, newspapers,
advertising, editorials, catalogs, flyers, brochures, reports,
disposable packaging, book covers, and educational textbooks. A
publisher or printer may use the purchased image on behalf of the
owner/purchaser.
3.1.2 Electronic
Uses. Acceptable uses include banners, logos, website
graphics, presentations, flash media, video, documents, newsletters,
templates (not for resale to more than one client - example: website
template for sale to general public rather than a single client).
3.1.3 One
Time Use.
If the license option "One Time Use" is purchased, the usage
becomes limited as follows:
- One month of online use, or
- use within one presentation, report, brochure, mail-out,
postcard with a print limit, 100 physical prints, or
- one art print.
If additional usage is desired additional license usage
needs to be purchased.
4.
Restrictions.
Wild Wyoming Images© may at any time during the term of
this Agreement notify you that certain Images are no longer
available for use under this Agreement and upon such
notification, the license granted by Wild Wyoming Images© shall
automatically and immediately terminate. Your sole remedy for
any recalled Image shall be, at Wild Wyoming Image’s© sole
discretion, the replacement of such recalled Image with another
Image or refund of any license fee paid attributable to such
recalled Image.
Wild Wyoming Images© cannot anticipate all possible uses
of an Image, either alone or in combination with other material
that you, or you on behalf of your client(s), may make.
You are solely responsible for the use of any Image in
combination with any other material. Without limitation,
our Images may not be utilized:
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for any pornographic, unlawful purpose or use
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to defame any person
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to violate any person's right of privacy or publicity
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to infringe upon any copyright, trade name, trademark, or
service mark of any person/entity
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for uses covering sensitive subjects including,
without limitation, topics that may depict the subject matter of
an Image in a negative or unfavorable light or subject persons
to ridicule, or the disparagement of a person or product.
4.
Transferability.
"Non-transferable" means that the work you produce using an Image
must be for your own use, or if purchased on behalf of your employer
or client, your employer or client must be the end-user of your
work. You may not sell, rent, loan, give, sublicense, or otherwise
transfer to anyone an Image, or the right to use an Image acquired
from
Wild Wyoming Images©
(except insofar as an Image has been incorporated by you into one of
the permitted uses enumerated above in this Agreement), and nothing
you produce shall grant or purport to grant to any third party a
right to use or duplicate an Image. You agree to take all
commercially reasonable steps to prevent third parties from
duplicating or distributing the Images.
5.
Indemnification.
You shall indemnify and defend Wild Wyoming Images©
against all claims, liability, damages, costs and expenses,
including reasonable legal fees and expenses, arising out of or
related to (i) a breach of this Agreement, (ii) the use or
modification of any Image or combination of any Image with any other
material, (iii) your failure to abide by any restriction regarding
the use of an Image, or (iv) any claim by a third party related to
the use of an Image, alone or in combination with any other
material.
6.
Limited Warranty.
Subject to the restrictions and limitations regarding your use of an
Image contained in any Agreement, Wild Wyoming Images©
warrants that it owns the Image(s) to grant you the limited license
under an Agreement.
7.
Liability.
Wild Wyoming Images©
shall not be liable for any indirect, consequential punitive, or
incidental damages arising out of the use of, or the inability to
use, this Website or an Image.
8.
Warranties.
Except as provided in this section, Wild Wyoming Images©
makes no warranties (express or implied) with respect to images or
to Wild Wyoming Images©
performance of its obligations. Wild Wyoming Images©
does not warrant that photo caption information is accurate.
Wild Wyoming Images©
makes no other warranty, express or implied, regarding any images,
or any rights or licenses under this agreement including, without
limitation, that the images are error free, the implied warranties
of merchantability, title and fitness for a particular purpose, or
non-infringement.
9.
Releases.
Please note that not all of Wild Wyoming Images’©
images are model or property released. Releases generally permit
the use of the image(s) for all purposes, with exceptions for
controversial, sensitive or defamatory uses as described in
Paragraph 4 above.
10.
Liability for Release. It is your responsibility as the
purchaser to decide if the image requires a release. Wild Wyoming
Images© will provide a release if necessary to meet purchaser's
legal or administrative requirements. |
