|Image Download License Agreement|
| This Agreement governs personal use of any images purchased from DaveKelleyPhotography.com under the terms of the Personal Use License. Currently, the only type of license we offer is a royalty-free Personal Use License.Terms And Conditions Of Use
This is a legal agreement ("Agreement") between you ("Licensee") and Dave Kelley Photography and its website davekelleyphotography.com (collectively hereinafter referred to as "website", "site" or "we") and website's member whose digital image you are purchasing (collectively hereinafter referred to as "licensor(s)", "copyright holder", "owner" or "website's member"). By downloading any digital images set to be used on the personal basis from our website, you agree to be bound by the terms of this agreement. If you do not agree, click on your browser's Back button on the website to decline this agreement.
Grant Of License There are low-resolution digital images that are freely displayed on this website in its public sections (the "Low-Resolution Digital Media") and there are high-resolution images (the "High-Resolution Digital Media") that are displayed on (or can downloaded from) this website only after the purchase has been made. Licensor(s) grants to you a non-exclusive, non-sublicensable right to use any of these Low-Resolution Digital Media and High-Resolution Digital Media images and any derivatives or copies (collectively, the "Digital Media"), on your personal computer. Licensee may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by family members, employees, partners and clients of Licensee only. Licensee may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. One copy of the Digital Media may be made for backup purposes only, but may be used only if the original Digital Media becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this license agreement, no Digital Media may be shared or copied.
The Digital Media may only be used in materials for Personal, Non-Commercial, Non-Editorial use and Test or Sample use. The Digital Media may not be used in any commercial or editorial materials distributed outside of your household or company or to the public, including but not limited to, advertising and marketing materials or any online, broadcast or other electronic distribution system and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Digital Media.
No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the Digital Media may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users.
Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement. Licensee may alter, crop, manipulate and create derivative works of the Digital Media. Licensee's rights to the Digital Media are worldwide and perpetual. Licensor reserves all rights not expressly granted to Licensee herein.
Restrictions Images may only be used in a personal manner and may not be used for any editorial, commercial, promotional, advertising or merchandising use. Images may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter. Licensee may not sublicense or, sell any of its rights under this Agreement. Licensee may not sell, license or distribute its work in such a way that Licensee's customer can extract or access the Digital Media as a stand-alone file. Digital Media shall not be incorporated into a logo, trademark or service mark. Licensee may not post the Digital Media online in a downloadable format. Licensee is not allowed to include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. The Digital Media may not be used in any illegal manner.
No Releases Licensor gives no rights and makes no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Image. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by Licensor in connection with the delivery of Images hereunder.
Warranty Licensor(s) or website make no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. Neither we nor licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise. Licensee agrees to indemnify and hold Licensor and website harmless against all claims arising out of any breach of this Agreement.
Taxes Licensee agrees to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to Licensee, or of your use of the Digital Media pursuant to this Agreement.
General All rights to the Digital Media are owned by Licensor, davekelleyphotography.com. Licensor(s) are protected by United States copyright laws, international treaty provisions and other applicable laws. Licensor(s) retain all rights not expressly granted by this agreement. The Digital Media is licensed only to you or your employer if you are licensing on behalf of your employer. However, this license agreement and the license to use the Digital Media may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer, (a) transfer the Digital Media without keeping or storing any copy, (b) do not to utilize the Digital Media in the future in any manner, (c) transfer this physical agreement to the transferee; and (d) the transferee agrees to be bound by the terms hereof. The license contained in this license agreement will terminate automatically without notice from Licensor(s) or this website if you or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (a) stop using the Digital Media, and (b) delete any Digital Media and all copies of all of them from all magnetic media and destroy all other copies. Use of the Digital Media must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of all parties.
Copyright Dave Kelley Photography dba davekelleyphotography.com © 2013