TERMS & CONDITIONS

LICENSING AGREEMENT
By purchasing a photograph from Great Lakes Action Photography (Great Lakes AP) YOU AGREE as follows:

1. GREAT LAKES ACTION PHOTOGRAPHY
("Great Lakes AP") owns all the rights to all photographs taken by them, and these rights are legally protected worldwide for a very long time. Great Lakes AP licenses the use of their photographs to you only as set out below.

2. FREE LICENSE

2.1 Photographs may be downloaded FREE OF CHARGE directly from this web site (as low-resolution images) to be used on your PC for PERSONAL, NON-COMMERCIAL, TEST or SAMPLE use, including comps or layouts, on a NON-EXCLUSIVE basis.
2.2 You may not, however, copy, distribute or share the photograph(s) in any way, except that you may make a single copy for backup purposes only, and you may e-mail comps to clients for review only.
2.3 If you want to link to a photograph on this site from your web site you must first contact Great Lakes AP to get their permission. See contact information in item 8 below.

3. BASIC LICENSE

3.1 If you order (and pay for) any photograph(s) from Great Lakes AP, you will receive higher resolution images, and you have a NON-EXCLUSIVE LICENSE to use it/ them ANYWHERE, ANYTIME and in ANY MEDIUM as a part of:
3.1.1 ADVERTISING and PROMOTIONAL MATERIALS (including packaging, presentations and brochures);
3.1.2 ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web pages and multimedia designs) and BROADCASTS;
3.1.3 ANY PRODUCTS (including products for sale) or PUBLICATIONS (electronic or print); and
3.1.4 materials for PERSONAL, NON-COMMERCIAL use and TEST or SAMPLE use, including comps and layouts.
3.2 The photograph(s) may be shared by creating an image library or similar arrangement as long as no more than 10 specific individuals (including you) ever have access.
3.3 Rights to the photograph(s) may not be sublicensed or resold, and detached or separate photographs may not be made available for use or distribution. For example, the photograph may be used as an integral part of a web page design or product, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use.
3.4 Clients may be provided with copies of the photograph as an integral part of work product, but may not be provided with the photograph on its own or be permitted to use the photograph separately.
3.5 This license may be transferred to another person only if you transfer the photograph without keeping or storing any copy and the person to whom it is transferred agrees to all these terms.

4. RESTRICTIONS ON ALL USES of Great Lakes AP's photographs:

4.1 "Copyright © 2008 GreatLakesAP.com " must appear adjacent to the photographs or in an obvious credits page or screen.
4.2 Use of the photograph(s) must always be in compliance with all applicable laws and any defamatory, pornographic, insulting or otherwise inappropriate or unlawful use is strictly prohibited.
4.3 Photographs may not ever be in a downloadable or FTP format.
4.4 Rights to use the photograph(s) cannot and may not be sub-licensed, sold or resold.
4.5 No photograph may be manipulated, morphed or in any other way materially altered without Great Lakes AP's prior consent by e-mail.
4.6 Great Lakes AP reserves the right to discontinue the use of any photograph(s) by any person for any reason and to elect to replace the photograph with an alternate photograph, at their sole discretion. If use is discontinued, the relevant photograph(s) in your possession must be destroyed or returned to Great Lakes AP.

5. TERMINATION AND RETURNS
5.1 Any right to use Great Lakes AP's photographs will terminate automatically without notice from Great Lakes AP if you fail to comply with any provision of this agreement. On termination, you must immediately delete and/or destroy all the photograph(s) including copies, in any medium, in your possession or control.
5.2 If you mistakenly order the incorrect photograph or are unsatisfied with it for any reason (other than for a defect in material or workmanship) you may return the photograph to Great Lakes AP within 3 business days, and he will issue a credit towards the use of another photograph in future.

6. WARRANTY and (VERY IMPORTANT) EXCLUSION OF LIABILITY
6.1 Great Lakes AP warrants the digital copy of the photograph in the form downloaded by you to be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of copy of the photograph or refund of the order price, at Great Lakes AP's option. Great Lakes AP MAKES NO OTHER WARRANTY, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
6.2 Great Lakes AP WILL NOT BE LIABLE to you or any other person for any general, special, direct, indirect, consequential, incidental or any other damages arising directly or indirectly out of this agreement or use of a photograph.

7. SMALL PRINT and DEFINITIONS (for those who are interested) In this agreement:
7.1 "distribution" includes distribution online or via any other electronic distribution system, and includes distribution of a photograph separately or individually or as part of a composite image;
7.2 "license" (as a noun) means "licence" if you speak UK as opposed to US English;
7.3 "person" includes any entity, company or other organization whatsoever;
7.4 "photograph", "photographs" or "images" includes all originals, copies, scans, prints, derivatives, adaptations, images etc of a photograph, regardless of the form or medium in which stored, viewed, used, or otherwise dealt with;
7.5 "share" includes sharing over a network, by storage in an image bank, or in a disc library or by utilizing any similar arrangement;
7.6 "you", "your" etc includes your employer or principal if you are acting on behalf of that person.

8. ADDITIONAL RIGHTS OR LICENSES
If you are unsure of your rights under this agreement or wish to use the photograph in a manner not permitted by this agreement (for example you want an exclusive license), please contact Great Lakes AP.

9. IF YOU DO NOT AGREE unconditionally to all of these terms, DO NOT download any photographs and DO NOT place any orders, because YOU ARE NOT AUTHORIZED TO DO SO!