| Welcome to the website of JacobImages.com. Your use of this website is subject to the following Terms of Use which apply to all information, marketing and services provided by the Website. Also provided here is our Terms of Use regarding image purchasing and license agreements.
We may amend these Terms of Use at any time by posting the amended terms on the Website. The amended terms shall be effective automatically upon being posted on the Website. Your continued use of any of the Website will be deemed your agreement to the amended terms and conditions.
1. COPYRIGHT
You acknowledge that this Website contains images (photographs, photos) that are copyright protected, All images on this Website are copyrighted by JacobImages.com under U.S. copyright laws. Except as explicitly provided in a License you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Images, in whole or in part. Except as explicitly provided in this Terms of Use, it is illegal to scan, copy, or reproduce in any way a professional copyright image, without obtaining a License. Copyright infringements can and will be prosecuted to seek statutory damages (of up to $150,000 USD per infringement) plus legal fees. In addition, such infringements may be ruled criminal offenses under the Digital Millennium Copyright Act.
All text is available under the terms of the GNU Free Documentation License.
2. LICENSE TO USE THE IMAGES
All images contained in this Website (each an “image” and collectively the “images”) are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Images, in whole or in part, other than as set forth in a written license agreement between you and JacobImages.com (”License”). You may save and download images, provided that such images are only used for non-commercial, layout positioning, presentation and client approval prior to your purchase of a License and provided that you maintain any notices contained in the Image, such as all copyright notices, trademark legends, or other proprietary rights notices.
Image Licenses are given for a ONE TIME NON-EXCLUSIVE & NON-TRANSFERABLE USE - This means that you can use the image for one type of publication. (If you use the image in a brochure, you do not have the right to then create a new product such as a magazine ad which uses the same image).
Fees assessed for your use of the image(s) depend on the nature of the rights granted. You shall not undertake any expanded use of the image(s) without the prior approval of JacobImages.com and the payment of any additional license fee required by JacobImages.com for such expanded use. You shall promptly notify JacobImages.com of any desire to expand use of the image(s) for which you have not received JacobImages.coms’ prior approval, and shall pay to JacobMaentz.com any additional license fee required by JacobImages.com for such expanded use.
Your failure to make payment when due shall terminate any license granted to you, shall immediately and automatically terminate your rights to use the image(s) and shall be deemed a breach of this Agreement and copyright infringement.
3. RETENTION AND STORAGE OF DIGITAL IMAGE FILES
You may retain your licensed digital image files for up to sixty (60) days, unless otherwise stated in your invoice. You may place images on your internal computer network provided you limit access to the images to those having a bona-fide need to facilitate production or creation of any licensed use, but you shall not otherwise distribute or permit access to any images. Unless this period is extended in writing, you agree to remove any images that you have stored on any computer or network. You agree not to store or maintain any archive of any image in any format or medium unless your invoice with JacobImages.com permits re-use, whereupon you may store images solely as permitted by your invoice.
4. CANCELLATION & REFUND
If you wish to cancel the rights granted in your invoice for an image license or fine art print, the following apply:
(a) If you licensed single or multiple images, you may receive a full refund, within ten (10) days of your invoice date or a 50% refund within twenty (20) days from the invoice date. After twenty (20) days, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice. Cancellation is not possible once an Image has been publicly used.
(b) If you purchased a fine art print, cancellations will be accepted until the image has been printed. Once the image has been printed cancellations will not be accepted and you will be responsible for and must pay the full amount of the invoice. Upon receiving the printed image(s) in the mail you will have seven (7) days to notify us of any damages, defects, and quality issues. After seven (7) days JacobImages.com will not be held reliable for print(s) that are damaged, have defects or quality issues.
By requesting a refund, you hereby represent and warrant that: (i) you have deleted or destroyed all images covered by your invoice, (ii) that you have not, and will not use the images covered by your invoice, and (iii) that a breach of the foregoing shall require you to immediately repay the entire amount of the invoice plus damages to JacobImages.com.
All cancellations are final.
5. PRIVACY
You value your privacy. JacobImages.com values it, too. That’s why we created a privacy policy that’s simple and clear. You can be confident of the high priority JacobImages.com places on safeguarding your personal information.
Why JacobImages.com asks you for personal information:
We use the minimal personal information you provide for three purposes. First, for billing purposes. Second, for distribution of our E-mail Newsletter. And lastly, combined with other users’ data, to track search patterns and site hits so that we can keep improving the website.
How JacobImages.com protects your information:
JacobMaentz.com does not share your information with outside parties without your consent. There are two exceptions to this rule. First, when we must enforce user agreements or property rights. And second, when we are required by law or legal process.
JacobImages.com retains the right to transfer our customer database if JacobImages.com is sold to or merged with another company. However, this privacy policy will continue to be binding unless you are notified. Please contact us if you would like to change your personal information or if you have any questions about JacobImages.com’s privacy policy.
6. LINKS TO OTHER WEB SITES
This Website provides links to other websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of this Website. You agree that JacobImages.com is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that JacobImages.com is not responsible for third party content accessible through this Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that JacobImages.com is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that JacobImages.com is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. ENTIRE CONTRACT
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, TOGETHER WITH THE INVOICE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JACOBIMAGES.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND JACOBIMAGES.COM RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ’S, OTHER EXPLANATIONS, AND GENERAL TEXT ON JACOBIMAGES.COM ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.
April 2008 |
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