we get the picture

TERMS AND CONDITIONS OF USE (DIGITAL AND ANALOG DELIVERY)

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AdMedia Photo, Ltd. BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. AdMedia Photo, Ltd reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

Terms of Use

Welcome to AdMedia Photo Ltd. These are the terms and conditions that you must follow if you use our site. Your use of our site indicates your acceptance of these terms and conditions.

Ownership of Our Site

This site is owned and operated by AdMedia Photo Ltd. All content included on our site is owned by AdMedia Photo Ltd. or our content providers. All content is protected by U.S. and international copyright laws. For the protection of AdMedia Photo Ltd. and our content providers, images may be watermarked and/or digitally watermarked.

Your Use of the Content

Your use of the content is subject to the license agreement. By downloading content from AdMedia Photo Ltd., you are consenting to the license agreement.

Disclaimers

OUR SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Although we use our reasonable best efforts to ensure the accuracy of the content on our site, we make no representations or warranties as to the accuracy, correctness, or reliability of the content. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free. You acknowledge that your use of our site is at your own risk. As a convenience, our site links to other sites that may be of interest to you but are not under our control. These links do not imply an endorsement by AdMedia Photo Ltd., and we are not responsible for the availability of or the content contained in any linked site.

Limitation of Liability

Neither AdMedia Photo Ltd. nor our content providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the content on our site.

PERMITTED USAGE

Comp Use: AdMedia Photo, Ltd grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time only. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to AdMedia Photo, Ltd. You must contact AdMedia Photo, Ltd to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise agreed, use of any Image is granted to the United States or United Kingdom only and is limited to one year from date of invoice.

RESTRICTIONS AS TO USE

The following uses are prohibited:
Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit and images on any database without AdMedia Photo, Ltd 's prior written consent.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from AdMedia Photo, Ltd.

Sublicense, re-license, rent or lease any of the Images. Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with AdMedia Photo, Ltd in any manner.

Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as indicated by AdMedia Photo, Ltd. User must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge.

PAYMENT TERMS

Terms of payment for Invoices issued hereunder shall be payable within Thirty (30) days. Any claims for adjustment or rejection of terms must be made to AdMedia Photo, Ltd within ten (10) days after receipt of invoice. IF LICENSEE FAILS TO PAY LICENSOR’S INVOICE IN FULL WITHIN 30 DAYS OF THE INVOICE DATE, LICENSOR SHALL ADD A SERVICE CHARGE OF ONE AND ONE HALF PERCENT (1 - 1/2 %) PER MONTH, OR SUCH LESSER AMOUNT AS IS ALLOWED BY LAW, ON ANY UNPAID BALANCE. LICENSOR ALSO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REVOKE THE LICENSE IF PAYMENT IS NOT MADE IN FULL.

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnify and hold AdMedia Photo, Ltd, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL AdMedia Photo, Ltd OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND RETNA SHALL BE THE FEE PAID FOR THE IMAGE TO AdMedia Photo, Ltd.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

Copyright Information

All images on this website are copyright protected. Permission must be secured prior to any use of any image from this website. You may find the following Picture Agency Council of America (PACA) information helpful in understanding your responsibilities.

PACA Copyright Commandments

Know Your Responsibilities ...

When it’s created, it’s copyrighted. Use the copyright notice.
The photographer or his agent has the exclusive right to exploit the copyright in each image. That right is for the life of the photographer plus 70 years.
Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.
Any unauthorized use constitutes an infringement.
Penalties for infringement are monetary and can be severe.
Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.
Exceeding the terms of a license has been held to be an infringement. A new license is required prior to additional use.
An artist’s rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.
Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.
Reference use of a photograph or any part thereof requires the permission of the copyright holder.

Licensing

Use of content is limited to one time editorial use in one publication, unless otherwise agreed to in writing by AdMedia Photo, Ltd. The license does not confer any ownership or copyright rights to any Content on this website.

All content on this site is protected by the United States Copyright Act and other Laws and is the property of AdMedia Photo, Ltd. and its contributing photographers.

You may use these images in your preliminary layouts and comps. You may save the images on your office computer’s hard drive while you are working on your project. However, once you have decided not to use an image, please delete it. You may not save any of the images on any removable media.

No model or other releases exist on any Content unless the existence of any such release is specified in writing by AdMedia Photo, Ltd. User agrees to and hereby indemnifies and holds AdMedia Photo, Ltd and its contributing photographers harmless, including reasonable legal fees, against any and all claims arising out of the use of any Content where such release has not been provided by AdMedia Photo, Ltd as well as from all claims arising out of illegal, obscene, threatening, abusive or profane or defamatory use.

The Content of this website is provided on an “as is” basis. AdMedia Photo, Ltd makes no warranties of any kind, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

Although AdMedia Photo, Ltd. uses all reasonable efforts to ensure the accuracy of the Content, AdMedia Photo, Ltd.cannot and does not make any representations or warranties as to the accuracy, correctness, or reliability of the Content. Further, AdMedia Photo, Ltd. makes no representations or warranties that this site will be uninterrupted or error-free, or is free of viruses. User agrees to use this website at User’s own risk.

Neither AdMedia Photo, Ltd. or its contributing photographers will be responsible or liable to users of this site for any direct, incidental, consequential, indirect, or punitive damages that result from the use of this site.

Fees for uses of content shall be those established between user and AdMedia Photo, Ltd. for similar content use unless otherwise indicated.

Other than the uses set forth above, you may not use these images for any other purposes. Any unauthorized or unapproved use of any of these images constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under United States Copyright Law.

This agreement shall be interpreted in accordance with the laws of the State of Ohio and the parties consent to the jurisdiction of the Courts of Ohio.

By obtaining a user name and password the user has accepted the above terms and conditions.