Licensing Terms & Conditions

Licensing Terms & Conditions

Earlhartlen.com

Image Usage Agreement

Welcome to the Earlhartlen.com website (“Website”). You are required to follow the terms and conditions if you use the Website located at www.Earlhartlen.com. Your use of the Website indicates your acceptance of these terms and conditions which applies to all files on the Website.

1. Use of image files

Earl Hartlen Photography licenses to you the use of image files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by Earl Hartlen Photography and its members.

2. Consent

You must be at least 18 years of age to use the Website and accept this Agreement. Earl Hartlen Photography may require any registrant provide sufficient proof that are at least 18 years of age. Minors can access Earlhartlen.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorises the minor to use and agrees to be bound personally by the terms and conditions of this agreement. Earl Hartlen Photography may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.

3. Intellectual Property and Privacy Laws

You acknowledge that the content available through the Website is the property of Earl Hartlen Photography or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. As a general policy, every effort has been made by Earl Hartlen Photography in attempting to obtain model and property releases for all subject matter contained in the images on the Website. However, absent an explicit written statement from Earl Hartlen Photography alongside the image, stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from Earl Hartlen Photography or its content providers. Further, Earl Hartlen Photography makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk. Our advice is if there is you have doubts, then edit the image in such a way that the issue does not arise. You can call us direct to ask specific details regarding this issue.

4. Uses

4.1 Prohibited Uses

Without a Earl Hartlen Photography Special License, you may not:

  1. print the photo or image as a poster, postcard, greeting card, on a mug, shirt, hat, mouse pad, art print, painting, calendar, book, or gallery or use the image in screensavers, e-card software, web page builders or other systems where the image is shared or distributed to a number of users. With a Earl Hartlen Photography Special License these uses can be allowable.
  2. display or post images obtained from the earlhartlen.com Website in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save or steal the photos. If more than 10 images from the Website are being used per Website page, size must be no more than 200 pixels in height or width. This is to prevent photos from being freely or easily re-distributed. If your photo is larger than 800 pixels and is an integrated part of a product, design, template or website, then this is acceptable.
  3. use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
  4. use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
  5. post any file obtained from the Website in a gallery format designed or intended to facilitate transfers of files via the Internet by individual users.
  6. resell or distribute any file obtained from the Website or its associated depiction unless the image is an integrated part of the product being resold, and comprises less than 50 percent of the overall product, page layout or design. (see Permitted Uses section 5a. below)
  7. reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law. You MAY alter the image file to suit your visual needs however – see Section 5b.
  8. use any part of an image as a trademark, service mark, logo, or part thereof.
  9. remove any copyright or trademark information from any place in the files or accompanying materials.

4.2 Permitted Uses

Important Expanded Information on Permitted Uses

You may:

  1. display the images from image files in any manner not prohibited by the agreement (see Section 4.). We request that you include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: “© Photographer’s Name. Image from earlhartlen.com”.
  2. modify or alter images as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, images or files taken from Earl Hartlen Photography and integrated into said derivative work are still copyrighted by Earl Hartlen Photography or the appropriate content provider. By purchasing a license to use an image file from Earl Hartlen Photography you are not purchasing copyrights to our image files in any way. If requested by Earl Hartlen Photography, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
  3. in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
  4. print a copy of the photo for your own use in any size, but you may not resell it, or redistribute it to others in any way.

Templates and redistribution of image files:

This license allows you to incorporate images into your Photoshop, Fireworks, Illustrator or PowerPoint templates as needed, but they MUST be part of the .PSD, .PNG, .AI, .EPS or .PPT file itself – you may not supply the images as stand alone files outside of the .PSD, .PNG, .AI, .EPS or .PPT template file.

Acceptable uses include but are not limited to consumer merchandise, website designs, business cards, other designs, website and powerpoint templates, book and album covers, product packaging, advertisements, newsletters, flyers, brochures, set designs, scholastic and promotional materials, films or videos, demonstrations, presentations, trade show signage and other uses where the image is not a definitive main part of your product.

Using the photo as part of your product is generally OK. Using the image or re-printing the image in a way that it really IS the main part of your product or is a main definitive part of your product is generally not OK, unless special permission from Earl Hartlen Photography has been given.

At the basic cost, purchasing an image buys you a license to use the image in any number of projects as long as these projects do not contravene any of the uses not allowed, stated in these terms and conditions.

If your photo usage needs fall outside of the scope of what is permitted herein, you may be able to purchase and use the images with a Special License for your usage. Contact us direct to discuss.

5. Discontinuance:

Earl Hartlen Photography reserves the right to elect at a later date to replace the Image File(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Image File(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Image File(s). You agree not to use the replaced Image File(s) for future products and to take all reasonable steps to discontinue use of the replaced Image File(s) in products that already exist.

6. No resale or sublicensing

You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a Earl Hartlen Photography Special Licensing agreement.

7. Assumption of risk

Although our images are supplied in good faith, you expressly agree that use of all images, files, or software distributed by Earl Hartlen Photography is at your sole risk. Earl Hartlen Photography does not warrant or guarantee that files or images on the Website are free from copyright or other intellectual property concerns or issues.

8. Disclaimers

All images, files, and software distributed by Earl Hartlen Photography are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied, and Earl Hartlen Photography assumes no responsibility for any actions or liabilities arising from their possession or use.

Earl Hartlen Photography disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Earl Hartlen Photography or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if Earl Hartlen Photography is expressly advised of the possibility of such damages.

In no event shall Earl Hartlen Photography’s liability exceed the fees paid for the use of the files.

No oral advice or written information given by Earl Hartlen Photography, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website. In those countries that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by Canadian law.

9. Assignment

You may not assign its right and obligations under this agreement without obtaining the prior written consent of Earl Hartlen Photography. Earl Hartlen Photography may assign this agreement.

10. Severability

Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.

11. Arbitration

A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Canada under the laws in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, Canadian law, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of Ontario. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

12. Legal Fees and Jursdiction

If Earl Hartlen Photography is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Earl Hartlen Photography for its legal fees, costs and disbursements if Earl Hartlen Photography is successful. You agree that the Courts of Ontario are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

13. Entire Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Earl Hartlen Photography, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Earl Hartlen PHOTOGRAPHY RELATING TO THE SUBJECT OF THIS AGREEMENT.

Earl Hartlen Photography reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10. of Earl Hartlen Photography Terms of Service agreement. Your continued use of Earl Hartlen Photography following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.

You agree that by using this site or images, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you and earlhartlen.com) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties.

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