It is understood that all photos purchased
at PhotosofCalifornia.com will be available for immediate
download. Simply pay for your picture online through our
secure server, buyer will be directed to a link in order
to download the purchased photo electronically.
PhotosofCalifornia.com is a division of
WebmasterDeveloper.com
PhotosofCalifornia.com Copyright
© 2004 Chris Johnson, Dale Franks and third parties
offering for sale photos on the PhotosofCalifornia.com
website, All Rights Reserved. No form of reproduction,
copying or saving of our image files, prints, or the alteration
or manipulation of our image files is permitted. Unauthorized
use of these images will be prosecuted to the full extent
of federal copyright laws. Information about picture prices,
volume discounts, custom photo projects, stock photo images,
photography or stock photos of California Pictures can
be addressed by emailing Chris
Johnson or Dale Franks.
Every image on PhotosofCalifornia.com is royalty-free.
By ordering and downloading any image from our site, you
agree to the following terms and conditions for each photo
ordered.
We also offer volume discounts and custom
photo assignments in Southern California. For more information,
please contact Chris Johnson at chrisjo@photosofcalifornia.com
or call 760-599-5400.
PhotosofCalifornia.com License Agreement
This Agreement is between PhotosofCalifornia.com,
a division of webmasterdeveloper.com and the user who orders
photos via the website for the purpose of this Agreement,
"photos" is defined as any image or photo represented
on the PhotosofCalifornia.com website. You agree to be bound
by the Terms and Conditions of this Agreement and by ordering
any of the photos from PhotosofCalifornia.com, You acknowledge
that You have read, understood, and accepted the Terms and
Conditions of this Agreement.
PhotosofCalifornia.com represents that it
owns all rights or has all requisite authority, including
all copyrights, in and to the photos, or, is authorized
to allow You to order, acquire, and use Photos under the
Terms and Conditions of this Agreement. The copyright and
all other rights of the Image(s) shall remain with PhotosofCalifornia
or PhotosofCalifornia.com suppliers.
Terms and Conditions of Use of Photos
on PhotosofCalifornia.com
You agree to use the Photos contained on our
website under the following Terms and Conditions:
These Terms and Conditions constitute a legal Agreement
between You the purchaser of photos from our website and
PhotosofCalifornia.com.
PhotosofCalifornia.com grants You the purchaser
a nonexclusive, nontransferable license to use, reproduce,
modify, publish, display, and distribute the Photos you
order on our website according to the Terms and Conditions
of this Agreement.
You may, subject to the Terms and Conditions
of this Agreement, order and acquire the Photos via PhotosofCalifornia.com,
and use the acquired Photos for the following purposes,
provided you do not violate the rights of any third party:
1) in magazines, newspapers, book cover design, and any
printed marketing materials.
2) as a design element on a website, video
game, or CD-ROM, website template or business presentations.
3) as part of marketing, advertising, or promotional
materials, including print ads, mailers, handouts, and packaging.
in connection with your business or entity, eg corporate
identity documents, and letterhead.
4) These images and/or photos may not be copied
or downloaded without express permission from PhotosofCalifornia.com".
PhotosCalifornia.com and all pictures and
content are made available to you "AS IS," "AS
AVAILABLE," and "WITH ALL FAULTS."
PhotosofCalifornia.com, its employees, directors,
and officers, and anyone else associated with PhotosofCalifornia.com
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 PhotosofCalifornia.com
will be uninterrupted, error free of computer viruses or
other damaging materials.
When you order and receive Photos, you do
so at your own risk. PhotosofCalifornia.com, its employees
and officers, and anyone else acting on behalf of PhotosofCalifornia.com
also disclaims any and all common-law duties, including
without limitation duties of reasonable care and workmanlike
effort. If for any reason you have difficulties in the selection
or process to recieve your pictures (s). Contact us immediately
via email at admin@photosofcalifornia.com.
PhotosofCalifornia.com, its employees, directors,
and officers, and anyone acting on behalf of PhotosofCalifornia.com
make no representation or warranty as to your right to use
any individual's name, likeness, and/or image appearing
in the Photos without first obtaining appropriate rights
from such individual.
You understand and acknowledge that neither
PhotosofCalifornia, its employees, directors, and officers,
nor anyone acting on behalf of the PhotosofCalifornia.com
website has made any representation or warranty that your
use of Photos 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 Photos on or in connection with any goods or services
or for any other commercial purposes.
In no event will PhotosofCalifornia.com, its
employees, directors, and officers, or anyone else associated
with PhotosofCalifornia.com will 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 Photos,
even if PhotosofCalifornia.com has been advised of the possibility
of such damages. In no event will the liability of PhotosofCalifornia.com,
its employees, or related parties exceed the amount paid
by you for the price of the photo(s) ordered. 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.
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 do not reside in any country to which export of USA
products are prohibited or restricted;
c. You will not use the Photos in any way that is not permitted
by this Agreement;
d. Your use of the Photos will not violate any applicable
law or regulation of any country, state, or other governmental
entity;
e. The information you provide the PhotosofCalifornia.com
Order form is is accurate and true, including without limitation
all credit card information.
You agree to fully defend and indemnify PhotosofCalifornia.com,
its employees, directors, and officers, and anyone else
associated with PhotosofCalifornia.com, 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 Photos and this Site
or of any breach or alleged breach of any representation,
warranty, or other promise made by You in this Agreement.
This Agreement constitutes the entire agreement
between You and PhotosofCalifornia.com 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 PhotosofCalifornia.com to enforce any provision
of this Agreement will not be deemed a waiver of future
enforcement of that or any other provision. California law
governs this Agreement. The parties consent to jurisdiction
over them in any state or federal court in California, waive
any claim or defense that such forum is not convenient,
and consent to service of process by any means authorized
by California law.
You agree that PhotosofCalifornia.com reserves
the right to amend these Terms and Conditions at any time,
for any reason, and without notice, including the right
to terminate PhotosofCalifornia.com services or any part
of the services.
You have agreed, and reaffirm your agreement
to conduct this electronic transaction.
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