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LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein,and as listed elsewhere on our website:This agreement is made by and between American Picture Gallery and (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use materials from this website. American Picture Gallery hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under American Picture Gallery. Materials from our website will constitute and be defined as any photo, image, design, or layout represented on the American Picture Gallery website. By downloading any materials from American Picture Gallery you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this agreement, and otherwise identified on our website.
Terms of Use and Conditions:
Images from our collection can be licensed under either one or both of two programs: Royalty-Free or Rights-Managed Commercial Use. Images are placed into one of these two categories depending on their legal usage. Basically the difference between the two is that Royalty-Free allows not for profit usage while Rights-Managed allows for profit usage.
ROYALTY FREE LICENSE
The Royalty-Free license grants you non-exclusive unlimited use of the image or images you select for a one-time flat fee. Royalty-Free pricing is based solely on the file size of the photograph. Once you purchase an image, it is pre-cleared and ready for use in a variety of not for profit forms. Downloads are generally approved and executed within 24hrs from when the order is placed.
Images licensed under the Royalty-Free agreement are licensed to only one person or organization and cannot be distributed or provided to other organizations or persons.
AUTHORIZED USES UNDER ROYALTY-FREE LICENSE
The following uses are authorized under the "Royalty-Free" license:
Educational not for profit printed materials
Educational not for profit multimedia presentations
Personal not for profit printed materials
Personal not for profit websites
Any charitable use
PROHIBITIED USES UNDER ROYALTY-FREE LICENSE
The following uses are prohibited under the "Royalty-Free" license:
Advertising
Brochures
Illustrations in magazines, books and other publications
Multimedia projects
Packaging - book covers, cd covers, ect.
Photographic prints for sale
Promotional items (postcards, t-shirts, calendars, mouse pads, ect.)
Art prints for sale
Calendars for sale
Posters for sale
Postcards for sale
Digital image files for sale or distribution
Incorporation into stock image CDs/DVDs
Any downloadable image files
Any downloadable product
Websites for profit
Website templates
Website backgrounds
Screensavers for sale
Any product where photographs are the product for profit
Use of our images in any manner defined as illegal by your state or federal government or is pornographic, racist, or hate based material is prohibited.
The Rights-Managed Commerial license grants non-exclusive limited use of the image or images selected for a specific usage, time frame and production run. Exclusive rights are available for purchase for many of our rights-managed images. Our Rights-Managed license authorizes your use of our photographs for profit commerical purposes and guarantees that the images selected will not be licensed for a similar usage to a competing client for the duration of the license. Commerical resale uses are items or products that will be sold in stores, printed advertising or through ecommerce websites for profit. Rights-Managed fees are calculated using several factors including type of usage, duration required and the production run size.
Images licensed under the Rights-Managed agreement are licensed to only one person or organization and cannot be distributed or provided to other organizations or persons.
AUTHORIZED USES UNDER RIGHTS MANAGED LICENSE
The following uses are authorized under the "Rights Managed" license:
Advertising
Brochures
Illustrations in magazines, books and other publications
Multimedia projects
Packaging - book covers, cd covers, ect.
Photographic prints for sale
Promotional items (postcards, t-shirts, calendars, mouse pads, ect.)
Art prints for sale
Calendars for sale
Posters for sale
Postcards for sale
Websites for profit
Website templates
Website backgrounds
Screensavers for sale
Any product where photographs are the product for profit
Use of our images in any manner defined as illegal by your state or federal government or in pornographic, racist, or hate based material or website is prohibited.
There are very few restrictions placed on how you can use our images under the Rights-Managed license. If in doubt, please contact us for a clarification on your proposed use.
The following uses are prohibited under the "Rights-Managed" license:
Resale of any image file in digital form
Duplication of a photo CD in total for resale
UNDER NO CIRCUMSTANCE ARE IMAGE FILES OR CD'S ALLOWED TO BE COPIED, RESOLD OR REDISTRIBUTED.
Most of our images are available for licensing under our "Rights-Managed commercial use" program. Our Rights-Managed photos are individually priced based on the number and types of products that will be manufactured and are restricted to a single production run. Rights-Managed licenses can be renewed. To license one or more images Rights-Managed "commercial " purposes contact American Picture Gallery for pricing and to make payment arrangements. Commerical licenses range from $100 - $12,000 per image depending on planned use.
Additional Terms and Conditions for access to American Picture Gallery. You agree to use our website and our materials as follows:
You understand and agree that American Picture Gallery may, in its sole discretion:
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Monitor your download activity from American Picture Gallery as often as American Picture Gallerydetermines under its sole discretion for any reason and for any violation of this Agreement.
Disable any account that engages in what American Picture Gallery determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
Limit downloads to a fixed amount of downloads per 24 hour period, per user, as American Picture Gallery sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
Investigate any abuse of your username and password in connection with the American Picture Gallery website or in connection with this Agreement.
Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on American Picture Gallery, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to American Picture Gallery Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
You understand that Materials are copyrighted and owned by American Picture Gallery only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
All Materials are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” American Picture Gallery, its employees, directors, and officers and anyone else associated with American Picture Gallery makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. American Picture Gallery further makes no representation or warranty that your usage of American Picture Gallery will be uninterrupted or error free. When you login to your account, and access American Picture Gallery, you do so at your own risk.
American Picture Gallery, its employees, directors, and officers, or anyone else associated with American Picture Gallery shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. American Picture Gallery, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using American Picture Gallery, and for accessing, acquiring, and/or using Materials from American Picture Gallery.
AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to American Picture Gallery is accurate and true, including without limitation all credit card information
You agree to fully, indemnify, and hold harmless American Picture Gallery, its employees, directors, officers, and any other entity associated with American Picture Gallery, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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Licensing
