This AGREEMENT is a legally binding contract between you (referred to herein as the “Licensee,” “you” and “your”) and PhotoMission, Inc. (referred to herein as “PHOTOMISSION,” “we,” “us,” and “our”).
By purchasing and downloading an image (or images) in digital form from our website located at www.photomission.com (the “Site”), you agree to our Terms of Use and Privacy Policy, as well as to this License Agreement (“Agreement”). By purchasing and downloading any Content from us, you are accepting this Agreement, our Terms of Use and Privacy Policy in their entireties.
The term “Content” shall mean any image(s), photograph(s), and/or data.
All rights to the Content purchased and downloaded from the Site are, and will remain, under the ownership and copyright of PHOTOMISSION’s associated photographers and are protected by United States Copyright Law and International Treaty provisions. PHOTOMISSION retains all rights not expressly granted by this Agreement.
You agree to reimburse and indemnify PHOTOMISSION and its associated photographers and assigns for any and all damages and expenses (including attorney’s fees and costs) that may be incurred from claims based on your use of Content purchased and downloaded from this Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
You warrant that:
Some Content found on PHOTOMISSION is not model released. By downloading the Content you indicate that you understand and agree to all of these terms and assume full liability for your use of the Content and agree to hold PHOTOMISSION and its associated photographers harmless should any liability arise.
Due to the digital nature of stock photography, there will be no refunds given after you have downloaded Content from the Site. ALL SALES ARE FINAL. You will be able to purchase any image and download it once. Your credit card information will not be stored.
Our failure to enforce any provision of the terms of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under this Agreement on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. This Agreement will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
This Agreement shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the city of Philadelphia, Pennsylvania, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of this Site. However, PHOTOMISSION retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating.
If you have any questions regarding this Agreement or any other matter, you may contact us by mail at:
PHOTOMISSION, INC.