Photo Reprint End User License Agreement (EULA)
THIS END USER LICENSE AGREEMENT (EULA) is made by and between Cyber Sea, Inc. ("Licensee") doing business as HighImpactStockPhotography.com and purchaser of a photo reprint ("Customer").
"Content" - Stock photography ("images" or "photo reprint") provided to Customer by Licensee in the form of a physical print.
"Content Metadata" - Information attached to Content, including camera information, locations, creation dates, captions and keywords.
"Customer" - The individual person or company who paid licensee fees for Content.
In consideration of the mutual covenants set forth in this Agreement, Customer and Licensee hereby agree as follows:
Licensee agrees to render Services to Customer as follows:
(a) Provide a single physical photo reprint of purchased Content.
(b) Grant of license to use Content as outlined in this Agreement for which license fee has been paid in full by Customer.
Sizes are approximate. Due to differences in height and width proportions of the original image, photo reprints may not always fit an exact print dimension (i.e. 8x10, 11x14, 16x20, 20x30, 30x40). Customer agrees that at least one dimension may differ by one or two inches.
Colors will not match exactly what Customer originally viewed on the HighImapactStockPhotography.com web site. Due to differences in each Customer's monitor colors and inks used in different printers, it is impossible to maintain color profiles between Customer's computer monitors and service provider's printers.
Prints are made on glossy paper.
Prints will be made either from a 35mm slide or digital image and will be printed either digitally or as a standard slide enlargement, depending on how the original image was captured.
3. Access Rights.
Customer receives no digital access rights to Content.
4. Ownership Rights.
Licensee and/or original photographers shall retain all copyrights to Content provided Customer, including copyrights to derivative works. Licensee has the rights to issue license to Content for a fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into a derivative work.
5. Usage Rights.
Customer is granted ownership of the physical print purchased for non-commercial use. Customer may not duplicate or redistribute the Content by any means (physically or digitally).
Customer may not use the Content for any commercial, editorial, or other purpose for which stock photography is typically used.
Customer may use the Content only for personal use as decor. Display of Content in a single location can be in public view, in a private or commercial location.
There are no returns or exchanges on photo reprints unless damaged (unless damaged by customer) or deemed by customer to be of unacceptable quality. Photo reprints are custom printed when ordered and are not a normally stocked product. Customer has 30 days to request a 100% refund, reprint or exchange.
For all of Licensee's Services under this Agreement, Customer shall compensate Licensee in cash, pursuant to the terms of pricing listed on HighImpactStockPhotography.com. In the event Customer fails to make any payment, Licensee has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all materials, Services, and Content, (3) bring legal action, and (4) revoke all license rights associated with the Content.
8. Termination of Agreement.
If any part of this Agreement has been violated by Customer, Licensee at its sole discretion may terminate Customer's license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee.
9. Limited Warranty and Limitation on Damages.
Licensee warrants photo reprints to be free of damage. Physically damaged prints may be replaced if damage was caused before shipping. Prints physically damaged during shipping will be replaced at shipper's expense. Damage caused by Customer such as bending, scratching, and finger prints is not covered and will be replaced at Customer's expense. Damage caused by Customer will be replaced "at-cost" plus 10% plus shipping and handling fees.
There is no warranty on fading of photo reprints.
Customer agrees to indemnify and hold Licensee harmless with respect to any claims, loss, lawsuit, liability, or judgment suffered by Customer which results from the use of any material provided by Licensee or execution of Service by Licensee or at the direction of Licensee, which has been used in violation of this Agreement. Content is provided as-is without any warranty on suitability for any specific purpose. Customer is fully responsible for use of Content and uses Content at Customer's own risk. Licensee does not warrant that all Content Metadata will be completely accurate. Licensee does not make any representations for the rights to use any individual's name, likeness, or image in any Content or Content Metadata.
10. General Provisions.
10.1 Entire Agreement.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
10.2 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Exclusive jurisdiction and venue shall be in the King County, Washington Superior Court.
10.3 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of Customer and Licensee and their respective successors and assigns, provided that Licensee may not assign any of Licensee's obligations under this Agreement without Customer's prior written consent.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10.5 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
Customer agrees to indemnify and hold Licensee harmless from any and all claims brought by any third party relating to any aspect of the Services, creative or other content, including, but without limitation, any claims resulting from any demands, liabilities, losses, costs, and claims, including attorney's fees.
10.7 Limitation of Damages.
Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Licensee and that this shall be the sole remedy to Customer for damages under this Agreement.
10.8 Attorney's Fees.
In the event that any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.
The parties represent and warrant that, on the date of use of any Services, they are authorized to enter into this Agreement in its entirety, and duly bind their respective principals. Checking of the EULA terms checkbox on the HighImpactStockPhotography.com order form confirms Customers understanding and acceptance of this Agreement.