TERMS
& CONDITIONS
LICENSING
AGREEMENT
By purchasing a photograph from Great Lakes AP YOU AGREE as follows:
1. Great
Lakes AP
("GLAP") owns all the rights to all photographs taken
by them, and these rights are legally protected worldwide for
a very long time. GLAP licenses the use of their photographs to
you only as set out below.
2. BASIC
LICENSE
2.1 If you order (and pay for) any photograph(s) from GLAP, 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:
2.1.1 ADVERTISING and PROMOTIONAL MATERIALS (including packaging,
presentations and brochures);
2.1.2 ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including
web pages and multimedia designs) and BROADCASTS;
2.1.3 ANY PRODUCTS (including products for sale) or PUBLICATIONS
(electronic or print); and
2.1.4 materials for PERSONAL, NON-COMMERCIAL use and TEST or SAMPLE
use, including comps and layouts.
2.2 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.
2.3 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.
2.4 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.
3. RESTRICTIONS ON ALL USES of GLAP's photographs:
3.1 "Copyright
© 2007 GreatLakesAP.com" must appear adjacent to the
photographs or in an obvious credits page or screen.
3.2 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.
3.3 Photographs may not ever be in a downloadable or FTP format.
3.4 Rights to use the photograph(s) cannot and may not be sub-licensed,
sold or resold.
3.5 No photograph may be manipulated, morphed or in any other
way materially altered without GLAP's prior consent by e-mail.
3.6 GLAP 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 his sole discretion. If use is
discontinued, the relevant photograph(s) in your possession must
be destroyed or returned to GLAP.
4. TERMINATION
AND RETURNS
4.1 Any right to use GLAP's photographs will terminate automatically
without notice from GLAP 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.
4.2 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 GLAP within 3 business
days, and they will issue a credit towards the use of another
photograph in future.
5. WARRANTY and (VERY IMPORTANT) EXCLUSION OF LIABILITY
5.1 GLAP 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 GLAP's option. GLAP MAKES NO
OTHER WARRANTY, express or implied, including, without limitation,
any implied warranties of merchantability or fitness for a particular
purpose.
5.2 Great Lakes Aerial Photography 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.
6. SMALL PRINT and DEFINITIONS (for those who are interested)
In this agreement:
6.1 "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;
6.2 "license" (as a noun) means "licence"
if you speak UK as opposed to US English;
6.3 "person" includes any entity, company or other organization
whatsoever;
6.4 "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;
6.5 "share" includes sharing over a network, by storage
in an image bank, or in a disc library or by utilizing any similar
arrangement;
6.6 "you", "your" etc includes your employer
or principal if you are acting on behalf of that person.
7. 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 GLAP,
by email at Scott[at]GreatLakesAP[dot]com, or by phone at 248-821-4792
(USA).
8. 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!