This is a contract between you ("Licensee") and Aaron Hughes, Dallasphotos.net ("Licensor"). By downloading, copying or saving any image ("stock photography", "stock photos", or "images") from this web site, you hereby agree to and accept the following terms and conditions of this License Agreement.

  • Licensor grants you a non-transferable, royalty-free license to download, use, modify, publish, alter, crop, manipulate and create derivative works of the stock photography according to the terms and conditions of this License Agreement.
  • Provided that required image license and/or site license fees have been paid, this License Agreement allows Licensee to download and use watermark-free stock photography according to the COMMERCIAL USE LICENSE or NON-COMMERCIAL USE LICENSE as defined in this License Agreement, and according to the Commercial Use or Non-commercial Use rights associated with each image. All images are marked as either "Commercial Use" or "Non-commercial Use" below the actual image and above the image description in the Dallasphotos.net Photo Gallery.
  • For all watermarked images that are displayed freely on this web site, Licensor grants you a free, non-commercial license to use these watermarked images according to the NON-COMMERCIAL USE LICENSE as defined in this License Agreement.

COMMERCIAL USE LICENSE

This section of the License Agreement governs the use of any image marked as "Commercial Use" in the Dallasphotos.net Photo Gallery. Images can be used on a commercial basis for multiple projects over an unlimited period of time.

RIGHTS - you may access, acquire and use commercial images in the following manner:

  • In the development and creation of your business presence and entity.
  • For your clients as an integral part of a work project, so long as the images are not used independently.
  • As part of an offline presentation, meaning in menus, magazines, in books, on book covers, and in newspapers.
  • In the development and creation of marketing, promotional, and advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
  • As part of a design element of a web page, video, television broadcast, or presentation, provided you don't claim or imply ownership of the images.
  • For illustration on personal and commercial web pages and in blogs.
  • In materials for personal use and test or sample use.

RESTRICTIONS - you agree not to access, acquire and use commercial images in the following manner:

  • Offering for sale, distributing, or giving away any image for any reason whatsoever.
  • Displaying or distributing any image separately or detached from a product, article or web page.
  • Including images in a web site template, or any template or design, sold as part of an archive or collection.
  • Incorporating an image into a logo, trademark or service mark.
  • Posting an image online in a downloadable format, or as a stand-alone file.
  • In connection with or in context of any illegal, obscene, or pornographic material.

NON-COMMERCIAL USE LICENSE

This section of the License Agreement governs the use of any image marked as "Non-commercial Use" in the Dallasphotos.net Photo Gallery, plus all watermarked images that are displayed freely on this web site. Images can be used on a personal and non-profit basis over an unlimited period of time.

RIGHTS - you may access, acquire and use non-commercial images in the following manner:

  • For illustration on personal web pages and in non-profit blogs.
  • For print or illustration in non-commercial, non-profit articles and newsletters.
  • In materials for personal, non-commercial use and test or sample use.

RESTRICTIONS - you agree not to access, acquire, or use non-commercial images in the following manner:

  • For commercial use, or in any product or article distributed for profit.
  • Offering for sale, distributing, or giving away any image for any reason whatsoever.
  • Displaying any image separately or detached from an article or web page.
  • Incorporating an image into a logo, trademark or service mark.
  • Posting an image online in a downloadable format, or as a stand-alone file.
  • In connection with or in context of any illegal, obscene, or pornographic material.

GENERAL

All rights to Dallasphotos.net stock photography are owned by Licensor and are protected by United States copyright laws, international treaty provisions and other applicable laws. By paying image license and/or site license fees, Licensee is granted a right to use images as described in this License Agreement, but Licensee does not assume any rights of ownership to the images.

DISCLAIMER OF WARRANTY

Stock photos are provided on an "as is" basis without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Licensor does not warrant the performance of stock photography or that the stock photos will meet your requirements. It is understood that Licensor is under no obligation to continue the development of additional stock photos or to correct any error, omission, or malfunction therein. Licensee further agrees to hold Licensor harmless from claims related to natural disasters, acts of war, or other uncontrollable occurances that may disrupt or destroy the accessibility of internet servers through which the stock photos are stored and/or delivered.

NO REFUNDS

Licensee agrees that all image license and site license sales are final, and that Licensor will grant no refunds due to the digital nature of stock photography downloads. Individual download links will remain active for a period of seven (7) days from the initial purchase date. In case of lost or deleted images, you may request one image replacement per individually purchased license, to be delivered by e-mail attachment for a period of thirty (30) days from the initial purchase date, after which a new license must be purchased to download the image again.

MEMBER LOGINS

If Licensee purchases a site license to access Licensor's images, Licensee agrees to hold all passwords for such access in strict confidence. You agree not to share or disclose any password to any other user or third party, and to only use acquired stock photos in accordance with the Commercial Use or Non-commercial Use rights associated with each image. Licensor may monitor your download activity, including internal site statistics and IP tracking, and in the event of suspicious or unusual activity, delete any account that Licensor determines to be in violation of this License Agreement through suspected abuse of a user name and password. Such action may subject Licensee to legal consequences and termination of future access to this web site.

LICENSE VIOLATIONS

Should Licensee use images in any way other than expressly granted through this License Agreement, Licensee is in violation of this License Agreement and shall be liable to Licensor for the payment of court costs, attorneys' fees, punitive damages, and any other legal remedy appropriate for the situation. Should Licensee distribute, sell, or otherwise make available any portion of the stock photography, or any modification which is determined to be stock photography according to this License Agreement, then Licensee shall also be liable for payment to Licensor of the equivalent cost of image license fees for the stock photography, or for all monies collected by Licensee in violation of this License Agreement, whichever is greater.

TERMINATION

This License Agreement shall automatically terminate upon failure by Licensee to comply with its terms. All copyright provisions and restrictions contained herein shall survive termination. Licensee understands this is a legally binding contract, and that violation may result in legal consequences brought before a court of law.

INDEMNIFICATION

You agree to fully indemnify and hold harmless Licensor, its staff, its agents, and any other entity associated with Licensor, and each of its successors, free and harmless from and against any and all claims, liabilities, costs, losses, damages, and expenses, including attorneys’ fees and expenses, arising in connection with your use of stock photography acquired from this web site, or any third party's rights, including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this License Agreement and Licensee's use of this web site.

PRIVACY POLICY

Licensor respects the privacy of Licensee, and in no event will Licensor sell or disclose personal information to any company, mailing list, or individual that would use that information to solicit you with their own products or services. Personal information is information about you collected by Licensor when you make a purchase or browse this web site (name, address, e-mail address, IP address, and telephone number) that is not otherwise publically available. Licensor will hold such information in strict confidence unless specifically needed by, or requested by order of, a court of law.

JURISDICTION

This License Agreement is governed by the laws of the State of Texas located in the United States of America. Both Licensee and Licensor submit to jurisdiction of the courts of the State of Texas, and agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Dallas County in the State of Texas.

ENTIRE AGREEMENT

You acknowledge that you have read this License Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this License Agreement expresses the entire understanding and agreement between Licensee and Licensor, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this License Agreement. Furthermore, both parties acknowledge that this License Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the parties with respect to the matters expressly set forth in this License Agreement.

Posted January 27, 2006