License Agreement

DEPTH IN VISION PHOTOGRAPHY LICENSE AGREEMENT

ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE.

The Depth in Vision Photography End User License Agreement (EULA)

This Agreement is between Michelle Foulser T/A Depth in Vision Photography (hereafter known as “Depth in Vision”), doing business online as www.depthinvision.com and the user who purchases Content from this website. You may NOT download any image directly from the website. For the purpose of this Agreement, “Content” is defined as any image or photo owned by Depth in Vision or its authorized contributors that has been made available to view or purchase on this website.

You have agreed to be bound by the Terms and Conditions of this Agreement and by viewing or purchasing any of the Content from Depth in Vision, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.

Depth in Vision represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with Depth in Vision and its respective suppliers.

Terms and Conditions of Use

You agree to access, acquire, and use any Content purchased under the following Terms and Conditions:

1. These Terms and Conditions constitute a legal Agreement between You and Depth in Vision

2. Depth in Vision grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.

3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content purchased via Depth in Vision, and use the purchased Content for the following purposes, provided you do not violate the rights of any third party:

(a) as a part of commercial or advertisement purposes in magazines and newspapers.

(b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.

(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.

(d) in connection with your business or entity, eg corporate identity documents, and letterhead.

(e) as decor in an office, lobby, or public area, restaurant, or retail store.

(f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: “Certain images and/or photos on this page are the copyrighted property of Depth in Vision Photography, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from Depth in Vision ”

(g) as design elements in video, film, or television broadcasts.

(h) If the Content is to be used as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging, or in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs – Depth in Vision grants You a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content up to 10,000 copies in aggregate (for quantities above this amount, you must purchase an Extended License version for the Content) according to the Terms and Conditions set forth in Section 3 hereof.

4. You may NOT

(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;

(b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;

(c) share Content across a network, on a CD, or in any other way;

(d) under any circumstances, use automated or programmatic means or methods to download Content;

(e) use Content in any logo or part of any trademark;

(f) under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.

5. You understand that Content is copyrighted, and any unauthorized use by you may be an infringement of such copyright.

6. You understand and agree that Depth in Vision may, in its sole discretion,

(a) monitor anything you download from the Depth in Vision website, as frequently as Depth in Vision in its sole discretion determines, for any violation of this Agreement,

(b) track any abuse of your username and password in connection with the Depth in Vision website or in connection with this Agreement,

(c) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and

(d) terminate your account, without notice, if it finds what Depth in Vision believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to Depth in Vision Content, must immediately delete all Content acquired from Depth in Vision, and forfeit all fees paid.

7. Depth in Vision and the Content are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” Depth in Vision, its employees, directors, and officers, and anyone else associated with Depth in Vision disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of Depth in Vision will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. Depth in Vision, its employees and officers, and anyone else acting on behalf of Depth in Vision also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. Depth in Vision, its employees, directors, and officers, and anyone acting on behalf of Depth in Vision make no representation or warranty as to your right to use any individual’s name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.

(a) You understand and acknowledge that neither Depth in Vision, its employees, directors, and officers, nor anyone acting on behalf of the Depth in Vision website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and

(b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

8. In no event will Depth in Vision, its employees, directors, and officers, or anyone else associated with Depth in Vision be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if Depth in Vision has been advised of the possibility of such damages. In no event will the liability of Depth in Vision, its employees, or related parties exceed the amount paid by you for accessing or using Depth in Vision and for accessing, acquiring, and/or using Content from Depth in Vision. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. You represent and warrant that:

(a) You are at least 18 years of age and have the right to enter into this Agreement;

(b) You will not use the Content in any way that is not permitted by this Agreement;

(c) Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;

(a) The information you provide the Depth in Vision Sites is accurate and true, including without limitation all credit card information.

10. You agree to fully defend and indemnify Depth in Vision, its employees, directors, and officers, and anyone else associated with Depth in Vision, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.

11. This Agreement constitutes the entire agreement between You and Depth in Vision regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions. Failure by Depth in Vision to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.

You have agreed, and reaffirm your agreement to conduct this transaction electronically.