Terms and Conditions


NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Ann Cutting Photography. BY CLICKING THE "I ACCEPT" BUTTON, CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Ann Cutting Photography reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE and IMAGES

This website is owned and operated by Ann Cutting Photography. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property. The copyrights to the Images on this site are owned by the individual photographer Ann Cutting who created the Images. The Images on this site may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these Images beyond the "PERMITTED USAGE," including use on other web sites without the prior written consent of Ann Cutting Photography. It is illegal to use any portion of our Images as reference for another photograph, illustration or derivative work in any form.

PERMITTED USAGE
Images may not be used in any way, until an invoice indicating User's right to use same is paid in full.

ADDITIONAL USE
Only upon receipt of your payment, Ann Cutting Photography grants you the non-exclusive right to use the Images according to the rights and time period you have selected and indicated on this site. No Image(s) may be used without proper payment.

The Image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of Image, territory and any other restrictions specified. The terms specified shall not be modified without the express written consent of Ann Cutting Photography. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify Ann Cutting Photography's indemnity obligations, and the representations and warranties made by Ann Cutting Photography hereunder. Fees assessed for your use of the Image(s) depends on the nature of the rights granted. You shall not undertake any expanded use of the Image(s) without the prior approval of Ann Cutting Photography and the payment of any additional use fees required for such expanded use.

RESTRICTIONS AS TO USE
The following uses are prohibited:

Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. No sensitive issue use.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any Images on this database.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Ann Cutting Photography.

Sublicense, re-license, rent or lease any of the Images.

Use of the Images to promote a business that sells or licenses photographic Images, or otherwise competes with Ann Cutting Photography in any manner.

Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.


RETENTION OF DIGITAL FILES:

Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this agreement. Ann Cutting Photography's copyright information and Image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS

Time is of the essence in the performance by User of its obligations for payments.

Payment of the invoice herein is due upon receipt. Any claims for adjustment or rejection of terms must be made to Ann Cutting Photography within ten (10) days after receipt of invoice.

CANCELLATION POLICY

Once an Image has been downloaded there are no refunds or cancellations. You authorize Ann Cutting Photography to charge you for the selection of Image(s) and accept the terms stated within this License Agreement upon ordering the Image(s).

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

INDEMNITY

You agree to indemnify and hold Ann Cutting Photography, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS

Ann Cutting Photography GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. Ann Cutting Photography IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED.

DIGITAL FILES ARE PROVIDED "AS IS." Ann Cutting Photography MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. Ann Cutting Photography MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Ann Cutting Photography BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.


MISCELLANEOUS

JURISDICTION Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Los Angeles, California pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.

Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court in the District Ann Cutting Photography resides.

If Ann Cutting Photography is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.

This agreement is not assignable or transferable on the part of User.

This contract contains all the terms of the agreement between us (Ann Cutting Photography and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice we may issue may contain additional terms relating to the rights granted and the type of usage allowed.


PhotoDeck Terms and Conditions

This website relies on technology provided by the PhotoDeck Service. Registering or making a purchase on this website creates a User account on the PhotoDeck Service, and the following Terms and Conditions apply in addition to this website's own terms. (See also: PhotoDeck Privacy Policy)

Purpose of the PhotoDeck Service

The purpose of the website PhotoDeck.com ("the Site"), owned and operated by PhotoDeck (SARL) ("the Owner"), is to provide photographers, video producers, and their authorized representatives ("Subscribers") the technical means ("Service") to publish, market, license, sell and distribute their images, video clips and other products ("Subscriber Content"), in digital or physical format, to visitors of the Site ("Users").

To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and the Subscriber's clients (Users).

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