TERMS OF USE




HOME

PHOTO QUALITY

BUY PHOTOS

 PHOTO REQUESTS /
ASSIGNMENTS

LINKS

TERMS OF USE




      


FOTOS FOR SALE.COM END USER NON-EXCLUSIVE LICENSE AGREEMENT - -

Please read this Agreement carefully before purchasing or using any image from
Fotos For Sale.com. If you have any questions regarding your rights under this Agreement, or if you wish to license additional rights, not otherwise permitted in
this agreement, please contact Fotos For Sale.com by email at: '[email protected]'.

1.    This license agreement is made between the End User and Fotos For Sale.
com. By using an Image or exercising any rights granted under this End-User
License Agreement (hereafter referred to as the "Agreement"), the End User
agrees to abide by, and comply with, the terms of this Agreement without
limitation or qualification. If you do not agree to, or accept the terms of this
Agreement, DO NOT purchase any images from Fotos For Sale.com. Fotos For
Sale.com retains exclusive rights to all images on this site, and to any and all
images delevered to the End User. All rights not specifically granted by this
Agreement are reserved by Fotos For Sale.com.

2.     Upon receipt of payment for images from the End User, and transfer of said
images to the End User, the End User shall comply with the terms of this
Agreement, including all restrictions and conditions stated herein. Fotos For Sale.
com grants the End User non-exclusive and non-transferable rights to use and
reproduce images in the following manner:

GENERAL CONDITIONS OF USE
    A.  All images on this site are the property of Fotos For Sale.com, and Fotos
For Sale.com retains all rights of publication.
    B.  No image transferred to any End User, nor any image or work derived from
that image may be transferred to any other person, or any other public or private
entity without the express written permission of Fotos For Sale.com.
    C.  The End User shall not sell, rent, loan, give, sublicense, or transfer any
image in any form, digital or analog, to any other person or entity for any purpose.
The End User further agrees not to grant any third party the right to use or
duplicate any image
    D.  The End User shall make every reasonable effort, and take all reasonable precaution to prevent any third party from obtaining or duplicating any image.
    E.  No work performed by the End User on any image, including but not limited
to, editing, cropping, combining with another image, color correction, resizing,
rotating, distortation, or the application of any effect, shall constitute the
creation of a new and unique image over which th End User has any copyright.
All images resulting from the manipulation of images supplied by Fotos For Sale.
com, are the property of Fotos For Sale.com.
    F.  All images, and any image in whole or in part derived from any image, are
for the use of the End User only. If the End User is a public or private entity,
and the image is to be used for a third party (ex. a client or customer), this
information must be supplied to Fotos For Sale.com at the time of purchase.
    G.  All intended uses, whether commercial or private, of any image must be
made known to Fotos For Sale.com prior to transfer. The End User may not use
any image for any use other than that stated at the time of purchase.
Permission must be obtained in writing from Fotos For Sale.com for any other
use.
    H.  Images may not be used or placed on any web site that requires
membership fees to view or download the images. Images may not be placed or
posted on any web site for the purpose of downloading, copying, or distribution.

3.     All images obtained from Fotos For Sale.com may be used for the
following purposes:

ACCEPTABLE USE
    A.  Print Media - Magazines, newspapers, advertising, editorials, newsletters, catalogs, flyers, brochures, reports, packaging, book covers, educational
materials, and similar print material.
    B.  Electronic/Digital Media - Web sites, web advertising, e-mail greeting
cards, screensavers, slide shows, presentations, video, multimedia, and similar
electronic media.

4.     Images are restricted for the following uses, and a seperate license
agreement must be made with Fotos For Sale.com for these uses:

RESTRICTED USE
    A.  Print Media -- Retail or wholesale products with printed images, including,
but not limited to, photo mugs, greeting cards, clothing, postcards, posters,
phone cards, credit cards, CD covers, cassette covers, games, calendars,
stationary, or any similar product, any permanent display for advertising or any
other purpose.
    B.  Print or Digital Media - Trademarks, corporate logos, or any image to be
copywrited

5.    Images may NOT be edited or manipulated, or used for any of the following
purposes:

UNACCEPTABLE USE
    - to create any pornographic or sexually suggestive image
    - any unlawful or illegal purpose of any kind
    - to defame, slander or insult any person or entity
    - to violate the right of privacy of any person or entity
    - to violate or infringe on any patent, trade name, trademark, trade
       secret, copyright or any other proprietary rights of any party;
    - to depict the subject matter of an Image in a negative or unfavorable
       light
    - to promote racial, religious, or ethnic hatred
    - to promote race, gender or ethnic discrimination
    - to subject any person or entity to ridicule or disrespect
    - to promote the use of drugs, alcohol, tobacco, or firearms
    - to create any political image, or any image used in a political campaign

6.     If any End User is unsure regarding the use of any image, contact Fotos
For Sale.com for further information.

7.    Fotos For Sale.com reserves the right to restrict, limit or prohibit the use
of any image at any time for any reason. The license to use any image may be
revoked at the sole discretion of Fotos For Sale.com. Upon notification of
revocation of the license agreement, the End User shall immediately terminate
the use of said images, and immediately remove or delete all images for which
the license agreement has been revoked. Failure to do so, may result in legal
action against the End User.

8.    Subject to the restrictions and limitations contained in this agreement
regarding the use of images obtained from Fotos For Sale.com, Fotos For
Sale.com stipulates that it owns the rights to the all Images offered on this
site.

LIABILITY
9.     The End User agrees to hold the owners, staff or directors of Fotos For
Sale.com blameless for all damages, liability claims, legal costs, and all
expenses arising out of the use, misuse, or the inability to use any image
obtained from, or supplied by Fotos For Sale.com. Damages include, but are
not limited to, loss of profits, loss of goodwill, loss of data, or any other
intangible loss. The End User is solely responsible for the use, misuse, or
modification of any image or combination of images, and is solely responsible
for any claim by a third party related to the use of said images.

10.     Fotos For Sale.com or any of its directors, officers, employees, partners, licensors, or agents shall not be liable for any direct or indirect, punitive, or
incidental damages arising out of the use of, or the inability to use, any Image
provided by Fotos For Sale.com, even if Fotos For Sale.com has been advised
of the possibility of such damages. In no event shall Fotos For Sale.com's
liability (tort, contract, or otherwise) arising out of, or relating to the use of any
image, or inability to use any image, exceed USD $1,000.00, regardless of the
number of claims made or Images used.

11.    Subject to the restrictions and limitations contained in this agreement
regarding the use of images obtained from Fotos For Sale.
com, Fotos For Sale.com stipulates that it owns the rights to the all Images
offered on this site.

LIMITED WARRANTY
12.     All images offered on this site are offered as is, and no refund of any kind
will be made after the delivery or transference of any image. No warranty,
express or implied, is made as to the quality of any image, or any visual artifacts inherent in the original Image.

13. Fotos For Sale.com makes no warranties, and shall not be liable for any
Image which has been modified by the End User, or has been combined with any
other image, product, content or material.

EXCEPT AS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT,
FOTOS FOR SALE.COM MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH
RESPECT TO IMAGES PROVIDED, OR TO THE PERFORMANCE OF ITS
OBLIGATIONS. FOTOS FOR SALE.COM DOES NOT WARRANT THAT CAPTION
INFORMATION IS ACCURATE. NOR DOES IT MAKE ANY 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.

14.     Fotos For Sale.com offers two (2) basic limited license agreements to
the End User. These two (2) license agreements are 1."One Time Use" and
2."Unlimited Use". The explanation of these two (2) types of limited license
agreements is as follows:

ONE-TIME USE -- PRINT MEDIA
    A.  A One Time Use license agreement allows the End User to use any one
image, or any image derived from that image, once, and in one place only.
Examples of one-time print media uses include, but are not limited to:
    - a single image on one page in a single issue of any magazine,
       newspaper, newsletter, or similar publication
    - a single image in one in one place in a catalog, flyer, brochure,
       report, or any similar printed mateial
    - a single image one one page, or in one place in any educational
       material
    - a single image in one place on any other printed material such
       as packaging or book covers
    - a single image in one place in any single advertisement

    B.  Any subsequent printing, revision or reissue of any printed material will
require an additional limited license agreement be made between the End User
and Fotos For Sale.com.

ONE-TIME USE -- ELECTRONIC MEDIA
    A.  The End User may use any one image, and /or any image derived from
that image, one time, and in one place only. Examples of one-time electronic
media uses include, but are not limited to:
    - a single image in one place on one page of any web site
    - a single image in one web advertisment
    - a single image on one e-greeting card, screensaver, slide show, or
      presentation
    - a single image in one place in any video, multimedia presentation
       or any similar electronic media

UNLIMITED USE
    A.  An unlimited or unrestricted license agreement allows the End User to
use an image, or multiple images in as many places, and as many times as the
End User requires. This license agreement includes both print media and
electronic media. However, certain restrictions apply as stated elsewhere in
this agreement. (See Section 4. - RESTRICTED USE, and Section 5. -
UNACCEPTABLE USE above)

EXCLUSIVE RIGHT OF PUBLICATION
15.     No part of this agreement shall be construed to impart to the End User
any exclusive right of publication of any image in any form. However, images,
and all exclusive copyrights pursuant thereto, may be purchased outright.
Contact Fotos For Sale.com for details and pricing.

FEES & PAYMENTS
16.     Fotos For Sale.com reserves the right to change prices or fees posted
on this web site without prior notice.

17.     Upon receipt of payment in full from the End User for images ordered,
Fotos For Sale.com shall transmit copies of said images to the End User by
either electronic means (e-mail, FTP, or upload to a location specified by the
End User), or on a photo CD sent by mail. While Fotos For Sale.com will make
all reasonable effort to ensure that the End User receives the images they
have made payment for, Fotos For Sale.com cannot be responsible for the
complete and accurate transmission of images over the internet. Further,
Fotos For Sale.com cannot be responsible for lost, stolen, or undelivered
postal items. However, in the event that any delivered images are defective or unusable, it is the responsibility of the End User to return said images, either
by mail or electronically, to Fotos For Sale.com. Upon receipt and review of
these images, Fotos For Sale.com may at its discretion, resend said images to
the End User.

18.     Failure by the End User to comply with any part of this agreement, or
any part of any license agreement made with Fotos For Sale.com, shall render
the entire agreement, and any seperate license agreements nul and void.

19.     Fotos For Sale.com reserves the right to change or modify the terms or conditions of this agreement at any time without prior notice. Any such changes
will be posted to this web site, and it is the sole responsible of the End User
and license holders to view such changes. Further, Fotos For Sale.com will not
be liable to any license holder, or any third party for any loss or damage due to
the modification, suspension or discontinuance of any part of this agreement.

20.    The failure of Fotos For Sale.com to exercise or enforce any right or
provision of this agreement shall not constitute a waiver of such right or
provision. If any provision of this agreement is found by a court of lawful
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as stated in the provision,
and all other provisions of this agreement remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of, or related to use of any image, or the application
of this agreement, must be filed within one (1) year after such claim or cause
of action arose, or be forever barred from bringing such action.

21.     This agreement shall be governed by the laws of the Kingdom of
Thailand, as well as International Intellectual Copyright Protection Laws and
Agreements. The venue for any legal action taken with respect to the provisions
stated in this Agreement, shall be in the Kingdom of Cambodia. By acceptance
of this agreement, the End User agrees to the jurisdiction of these courts.

All questions regarding the provisions of this agreement should be sent to:

[email protected]







                      

Hosted by www.Geocities.ws

1