Terms Of Use

Usage Rights

1. Terms: Unless otherwise negotiated and made lawful in written form, all images purchased from NWStockPhotos.com are licensed under the Broad-Use license. The terms for such a license are:

USE:

One time only An image may be used only once, in on project and for one use. Additional licenses may be purchased if multiple uses of an image are required.

PURPOSE:

An image may be used for a variety of purposes from editorial to advertising, but is limited by the size of the file purchased.

EXCLUSIVEITY:

NON-exclusive.

TERM:

A maximum term of 5 years is imposed on every license. A new license may be purchased after the current term has expired.

TERRITORY:

One country/One language

 

2. Electronic Rights: The purchase of a high-resolution image for print use does not automatically include electronic rights. On the other hand, low-resolution (72dpi) images are sold for electronic use on websites only, and shall never be used in print.

 

3. Storage: Downloaded files may not be stored or archived - all files are to be destroyed within two weeks after their one-time use.

 

4. Copyright: The copyright to all images and to all content on NWStockPhotos.com is retained by the photographer credited to each image. At no time whatsoever is copyright transferred. The rights granted by this agreement are not transferable to a third party, nor are the rights granted to be misconstrued as being a transfer of ownership or transferal of copyright to any individual, group or corporation. Equally, the payment of usage fees does not constitute a "deposit" towards ownership, nor will money paid to NWStockPhotos.com go towards a "transfer" of ownership.

 

5. Copyright Notice: Unless otherwise stipulated, any use must be accompanied by a copyright notice listing photographer and agency. In the event of failure to comply with this provision, you will be invoiced for double the usage fee.

 

6. Model or Property Releases: Unless otherwise indicated, it is assumed that any and all image(s) on NWStockPhotos.com are without a model or property release. Images with recognizable people or private properties that do not have a release CANNOT be used for advertising purposes, but may be used for editorial purposes. Any unauthorized or inappropriate use is the sole responsibility of the Client.

 

7. Liability: You assume full liability for your employees, agents, messengers, and freelance researchers for any misuse of the images.

 

8. Payment: All purchases must be made via NWStockPhotos.com, and payment can be made via one of the available electronic payment gateways. Checks or money orders will only be accepted after prior negotiation and if no other payment options are available to the Client, and will be subject to a $20.00 surcharge per transaction.

 

9. Non-Payment: Once an image (s) has been selected, purchased and downloaded, a lack of funds or the cancellation of the bank account, credit or debit card, or the refusal of payment by the financial institution associated with the payment will constitute willful copyright infringement.

 

10. Alterations: Manipulating an image in a Photoshop-type image editing program in an attempt to alter the composition and/or the content to create a "new" image that NWStockPhotos.com has no dominion over is strictly prohibited. Purchase of a smaller-size image and then attempting to increase file size with digital interpolation is also strictly prohibited. If required, an image may be altered only after written confirmation from NWStockPhotos.com.

 

11. Resale: It is prohibited to resell any image(s) or content from NWStockPhotos.com to another individual or entity.

 

12. Illegal Uses: Archiving, republishing, transmitting or altering any image(s) found on NWStockPhotos.com in support of illegal, fraudulent or misleading activities is strictly prohibited. In the event that the image(s) requested are to be utilized in supporting sexually graphic materials or sexually oriented messages, prior notice and permission must be obtained from NWStockPhotos.com before downloading any content from the site. At no point in time is it to be assumed that permission will be granted.

 

13. Violation of Terms: If it becomes apparent that any terms of this agreement have been abused or violated in any way, your purchased license(s) for the image(s) in question will be rendered null and void without a right for a refund, and all legal actions available will be taken by NWStockPhotos.com to protect its property and the copyright of the image(s) in question.

13. Refunds: After a sale has been finalized, there will be no refund of money paid to NWStockPhotos.com, regardless if the image(s) have been utilized in the allotted timeframe or not. However, under special circumstances, an exchange for a different image(s) may be possible, but never without prior written permission from NWStockPhotos.com. If you elect not to use the image(s) during the allotted timeframe, the project is placed on hold, or there is a change of budget or creative direction, NWStockPhotos.com is not obligated to refund money. It is your choice not to utilize the image(s) you've selected and paid for. At no time whatsoever, will NWStockPhotos.com refund money paid against remaining time on a license.

 

14. Objections: Objections to these terms must be made in writing before image usage. Use of image(s) constitutes acceptance of these terms.

 

15. Warranty: The images on NWStockPhotos.com are provided "as is” and exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality of fitness for a particular purpose. NWStockPhotos.com will not be liable for any damages of any kind arising from the use of this site.

 

16. Indemnification: Client shall indemnify and hold NWStockPhotos.com harmless against any losses, expenses, costs or damages incurred as a result of Client’s breach of Terms or unauthorized use of the content and related rights. Any dispute in connection with these Terms including their validity, interpretation, performance or breach shall be arbitrated in the state of Washington, pursuant to rules of the American Arbitration Association and laws of Washington. Judgment on the Arbitration award may be entered on the highest Federal or State Court having jurisdiction. Any dispute involving $1,500.00 or less may be submitted, without arbitration, to any Court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable attorneys’ fees, plus legal interest on any award or judgment.

 


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