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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 San Diego Photos and Prints and
the purchaser (otherwise listed herein as You or Your) who
purchases and downloads Materials
from this website, CaliforniaPicture.net. San Diego Photos
and Prints hereby
represents that it owns all rights and copyrights to all materials on
this website, or is authorized by the photographer to market and
license
their photographs, and all rights and copyrights to said website and
materials shall remain the exclusive property, right and control of and
under San Diego Photos and Prints and “Materials” from our
website will constitute and be defined as any photo, image, design, or
layout represented on this San Diego Photos and
Prints website; CaliforniaPicture.net. By downloading any
Materials from CaliforniaPicture.net 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:
ROYALTY FREE LICENSE
Images from our collection can be licensed under one of two programs: Royalty-Free and Commercial Use Rights-Managed. Images are placed into one of these two categories depending on their legal usage.
The Royalty-Free license
grants you non-exclusive use of the
image or images you select for a one-time flat fee. Once you
purchase an image, it is pre-cleared and ready for immediate download
and use in a variety of ways. 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 (Royalty Free License):
Advertising
Brochures
Packaging (book covers, cd covers, etc.)
Websites (limited to a single domain)
Multimedia projects
Illustrations in magazines, books, and other publications
Powerpoint presentations
Personal use screen saver
Business cards (limited to one organization/company)
Promotional items (postcards, calendars, t-shirts, mouse pads, bumper
stickers, picture buttons, cups, key chains, etc. that are
distributed for free)
and more.
There are very few restrictions placed on how you can use our
images uner the Royalty Free license. If in doubt, give us a call at 858.274.0665 for a clarification
on your proposed use.
The Royalty-Free license allows you to alter an image and
create unique works of your own. The San Diego Photos and
Prints Royalty-Free collection offers individual
images available for immediate download online. Royalty-Free images are priced based on image
size and resolution.
PROHIBITIED USES UNDER ROYALTY-FREE LICENSE
The following uses are prohibited under the "Royalty Free" license:
Photographic prints for sale
Art prints for sale
Posters for sale
Postcards for sale
Calendars for sale
Digital image files for sale or distribution
Incorporation into stock image CDs/DVDs
Any downloadable image files
Any downloadable product
Downloadable website templates
Downloadable website backgrounds
Screensavers
Any product where photographs are the product
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.
RIGHTS MANAGED LICENSE
The Rights-Managed license grants you non-exclusive use of the image or images you select. Our Rights-Managed license authorizes your use our photographs for commerical resale purposes.
Commerical resale uses are items or products that will be sold in
stores or through ecommerce websites.
Authorized Uses (Rights Managed License)
Postcards for sale
Prints for sale
Apparel for sale (t-shirts, golf shirts, pants, blouses, skirts, jackets, coats, etc.)
Posters for sale
Magnets for sale
Keychains for sale
Cups, glasses, and cup holders for sale
Mouse pads for sale
Screensavers for sale
Art tiles for sale
Pigment on canvas prints
Downloadable image files
Stock image CDs/DVDs
and more.
Most of our images are available for licensing under our
"commercial use rights-managed" 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 for "commercial resale" purposes
contact San Diego Photos and Prints at: (858) 274-0665 for
pricing and to make payment arrangements. Commerical resale licenses
range from $1,500 - $15,000 per image depending on planned use.
You understand and agree that San Diego Photos and Prints may, in its sole discretion:
- Monitor your
download activity from San Diego Stock Photos as often as San Diego Photos
and Prints determines under its sole discretion for any reason and
for any violation of this Agreement.
- Disable any
account that engages in what San Diego Photos and
Prints 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 San Diego Photos and Prints 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
CaliforniaPicture.net 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
CaliforniaPicture.net, 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 San Diego Photos
and Prints
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 San Diego Photos and Prints only, and
any unauthorized use of any of these Materials by you is an
infringement upon said copyright.
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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