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The use of the Photovalet.com website constitutes a legal agreement between you and Photovalet.com. It is important to understand this agreement (the "Agreement") before continuing use of the site.

IMAGE USE LICENSE

Photovalet.com, Inc. (“Photovalet”) grants you a non-exclusive license to use the Photovalet images (“Images”) subject to the following terms and conditions. Clicking on the “I agree” button and/or downloading any Image signifies that you are over 18 years of age and otherwise competent to enter into this Agreement and accept all of its terms and conditions of use.

Authorized Uses: Royalty Free

You are authorized to use the Images you license as Royalty Free in any manner you deem fit, in as many quantities, and with no time restrictions. However you may not use the Images alone, or in combination with other material, to create goods or services for which you or others receive consideration, except with unique licensing language specific to your project. In another words, using our Royalty Free images in which the image itself is the main product that is being reproduced in multiple reproduction quantities that then you sell for money, (Greeting Cards, Films, Movies, Books, Stock Photos, Stock Video, etc.) is not allowed. Multiple copies is defined as 1000 or more copies of the product are offered. Main Product is defined as the use of our images for a product in which our images consist 50% or more of the image content of that given product.

Authorized Uses: Rights Managed

You are authorized to use the Images you license solely for the specific purposes that you state in your “price calculator license fee” request. If your project requires a quarter page photo, has a print run of 10,000 and is for use in a corporate brochure, then that is what the licensing agreement extends to; there may be no further use (website, fliers, etc.) without additional licensing. You may not use the Images alone, or in combination with other material, to create goods or services for which you or others receive consideration, except with unique licensing language specific to your project. In another words, using our Royalty Free images in which the image itself is the main product that is being reproduced in multiple reproduction quantities that then you sell for money, (Greeting Cards, Films, Movies, Books, Stock Photos, Stock Video, etc.) is not allowed. Multiple copies is defined as 1000 or more copies of the product are offered. Main Product is defined as the use of our images for a product in which our images consist 50% or more of the image content of that given product.

In some cases, there are also issues related to copyright, trademark, commercial or editorial use and model releases that need to be addressed. Following is a more detailed account of this topic:

Photovalet owns or controls the copyright to every image on its web site. That means Photovalet can license the use of the image to you, BUT IT MAY NOT MEAN THAT ALL RIGHTS IN THE SUBJECT MATTER OF THE IMAGE HAVE BEEN CLEARED FOR USE. If the image contains a PERSON OR A MAN MADE OBJECT, you may have to acquire additional rights from third parties. Although we urge you to consult your own attorney if you have any questions about the scope of our license, we offer the following brief explanation:

A photograph is a creative work which is itself protected by copyright, but the image may include other people’s trademarks, privacy rights and copyrights. For example, if you license a picture of a major league baseball player you would need his permission to use his photo for commercial purposes, and you would also need the permission of Major League Baseball and the team to show any of its trademarks. It is also possible that the stylized image of an Indian brave on his uniform (not visible) might be copyrighted by the artist who created it. (Although it is likely that the copyright was assigned to the team). The point is that even though Photovalet owns the copyright in the image itself, without further permission you could license our photo of the major-leaguer for personal use (say to hang on your bedroom wall), but you could not duplicate it and sell it to others or use it to advertise your product.

The following brief discussion is intended to familiarize you with the subject, but it is not legal advice and may not be relied on by you. If in doubt, consult a lawyer.

RIGHTS OF PUBLICITY AND PRIVACY

A person has the right to control the use of his or her image so that others cannot use it commercially. Under California law (other states have similar, but not identical, laws) you may not, without authorization, use another person’s name, voice, signature, photograph, or likeness in any manner on products or for advertising or selling goods or services. Generally speaking, these rights pertain only to living people, but that is not an absolute rule.

Even if an image is used in a non-commercial context, there are certain other concerns to be aware of. You may not make private facts public (this is not a concern with Photovalet’s images), and you must be sensitive to the context in which an image is used. Photovalet will advise you whether a so-called “model release” has been signed by the subject of a photograph. However, a model release is not all encompassing. Photovalet will advise you if the model has restricted the release in a particular manner--for example, the image may not be used to advertise tobacco or gambling. However, there are sensitive subject areas which are usually not restricted in a model release but could still cause trouble whether used commercially or otherwise. For example, a model might be happy to have her image used in the context of selling dresses, but would be very unhappy if that same image were used in an anti-abortion poster or on a pornographic web site.

TRADEMARKS

A trademark is used to identify its owner’s goods or services. The mark may be words or a design or even a color. The purpose of trademark law is to prevent confusion by the public as to source, origin or approval. For example, if you buy a “Rolex” watch you have the right to assume that the name guarantees a fine timepiece. If you buy one from a street vendor for $10, that vendor has likely infringed the Rolex trademark by attempting to use the Rolex name (trademark) to make you believe that you are buying a high quality watch. For another example, British Airways probably has a trademark on both its name and the distinctive design of its logo. Without further permission from them, you could not use this image to suggest that British Airways endorses a commercial jet lag potion. On the other hand, you could use this image as part of a digital postcard to send to your best friend in order to brag about your recent trip to Europe. Why? Because the latter is personal, non-commercial and does not suggest that British Airways endorsed your trip.

COPYRIGHT

Copyright protects creative work which has been fixed in a tangible means of expression. Books, movies, paintings, and music are just a few of the more obvious works which qualify for protection. All photographs on the Photovalet.com site are copyrighted by Photovalet or the photographer who assigned rights to us. Copyright is limited in scope. All new works are protected for the life of the artist plus 70 years. Some older works may have fallen into the public domain because their original term of protection has expired. Public domain works may be used by anyone. A photograph of a work of art presents a somewhat complicated issue. The copyright in the photograph itself is owned by the photographer, but the copyright in the art work photographed belongs to the artist. For example, the photograph of this painting is copyrighted by Photovalet. The artist (Claudio Luna) owns the copyright in the painting, but he has assigned joint rights to Photovalet. In fact, the artists of all of the images shown on the site under “Art Paintings” have assigned joint rights to Photovalet, so your license will allow you to use them in almost all editorial and commercial contexts. This example has another twist. Because the painting is of a recognizable person, you will need to be sure that she has signed a model release before using the image commercially. Photovalet’s “Art Paintings” category is generally safe because the painters have assigned joint us rights. However, you should be aware of images in other categories that might include a copyrighted work incidentally. For example, an image of a public building might have a sculpture in the foreground. If the art work remains only a small part of the image, it is probably not a problem, but if you enlarge the copyrighted sculpture and eliminate the balance of the photo then you might run into trouble.

PROPERTY AND BUILDINGS

One area you don’t have much to worry about is property. Almost any building that can be seen from a public place may be photographed without infringing any rights. Any restrictions on use would be as a result of access rights, i.e. has the owner restricted the right of the public to photograph on the premises. You are probably most familiar with this in certain museums that prohibit photography inside. The main concern with the outside of buildings would be trademark infringement—that is does the building have signage or such a distinct shape that use of the photograph would imply sponsorship of goods or services. For example, you could use this image of the Transamerica building to illustrate a story on architecture, but because the company uses its building as a trademark for its financial services business, you could not use this image to promote your insurance business. That might confuse the public into thinking Transamerica was affiliated with your business.

COMMERCIAL USE OR EDITORIAL USE

There are two types of licenses when purchasing and image from Photovalet.com. To determine the type of use read below. The pricing is the same for either use; it simply is in the way we license the use of an image.

Commercial use license allows the purchaser to use images on a commercial basis. This includes but is not limited to advertisement, brochures, flyers, book covers, web site design, magazines, etc. Commercial use license does not prohibit you from using those images for editorial content, and you should assign your images for sale under terms of the commercial use license whenever possible. Please remember that there are some restrictions to the subject of photos that may prevent you from using this license type. For example, photos containing recognizable and uniquely identifiable models or property cannot be sold for commercial use without release forms. Additionally images may be restricted as per discussions above.

Editorial use license loosens the restrictive nature of commercial use, but it also narrows the actual use of our images to editorial articles or similar material that can only be used in the editorial context. Images are considered Editorial Use if they are used for editorial purposes (for example to accompany an article). Editorial use images are usually different from commercial use images in that they can be images of celebrities, politicians, newsworthy events, and many other uses. They may be used in Magazines, Newspapers, Books, Textbooks, and occasionally CD-ROM’s and Web Sites.

License Fee

License of Photovalet images is made on a per image basis with multiple pixel dimensions available. The majority of images will be the exact pixel dimension indicated, either 418 x 282 pixels, 1200 x 800 pixels, 10 megabytes or 55 megabytes. In certain cases, due to format differences, however, some images will be 282 x 282 pixels or 800 x 800 pixels (ie. a square format) and will be priced in the same pricing category as 418 x 282 pixels or 1200 x 800 pixels, 10 and 55 megabytes respectively. If you need an image in high resolution and it is not available immediately, we will provide the image in a timely manner and will do everything possible to meet deadlines, but will not be held responsible for any loss or indirect damages related to any delay of image to you.

No refunds or exchanges will be made other than for technical reasons.

GENERAL TERMS AND CONDITIONS

Authorized Uses Only. The reproduction, distribution, transmission, sale, rental, sublicensing or other exploitation of Images is only permitted according to the terms of our License Agreement (“Agreement”) with you. All rights not specifically granted to you are reserved to Photovalet. Downloading the Images does not transfer title to you.

No Assignment. The rights granted to you by this Agreement shall not be assigned, subleased, sublicensed, franchised, sold, encumbered or otherwise disposed of by you without the prior written consent of Photovalet.

Compliance with Law. You agree to comply with all applicable laws and regulations when using the Images. You are solely responsible for the content of any material included in your presentations. You may not use the Images in a manner that is illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane, defamatory, or that would infringe upon or violate any rights of a third party. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

Ownership and title. All Images included on our site, including photographs, illustrations, images, text, templates, and software are owned by Photovalet.com or our providers. All Images are protected by US and international copyright law. Images may be watermarked and/or digitally protected and Photovalet.com, Inc. may employ technology designed to locate and identify an Image to verify that it has been properly licensed and is being used within the terms of the license. Any attempt by you to disable any watermark or digital protection will immediately terminate this Agreement and any rights you may have under it, and may subject you to civil or criminal liability. "Photovalet” and “PhotoValet” are trademarks of Wernher Krutein Productions, Inc. and are used by us under special arrangement. You may not use those trademarks without our written permission. All other trademarks are property of their owners.

Indemnification. Photovalet warrants and represents that it has all rights in the Images necessary to grant the licenses granted by this Agreement. In general, that means we own or control the copyright to the Images and no other rights. Unless we state otherwise in writing, Photovalet has NOT secured all necessary rights of privacy and publicity from persons and things depicted in the Images, nor has it secured permission from trademark owners to depict their trademarks in a manner, which may infringe those marks. You agree to indemnify and hold harmless Photovalet and its directors, employees, licensors, Image providers, affiliates and other representatives from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of any Image; your breach of this Agreement; your infringement of any third party rights; or any act or omission by you which results in loss or damage to Photovalet.

Attorney’s fees and jurisdiction. You agree that Photovalet shall be entitled to recover from you any costs or fees, including attorneys' fees that it may incur in enforcing its rights under this Agreement. This Agreement shall be interpreted, construed and governed by the laws of the State of California. Venue for all disputes arising under this Agreement shall be the courts of the State of California in San Francisco County or the Federal District Courts of the Northern District of California and you agree not to contest the personal jurisdiction of these courts.

Limitation of Liability. Except as specifically stated herein, or as otherwise required by applicable law, neither Photovalet.com, Inc. nor its directors, employees, licensors, Image providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of the Photovalet web site or the Images whether or not we have been advised of the possibility of such damages. Neither Photovalet.com, Inc. nor our Image providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the Images on our site. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limited Warranty. OUR SITE AND THE PHOTOVALET.COM IMAGES ARE PROVIDED TO YOU ON AN "AS IS" BASIS. EXCEPT FOR OUR WARRANTY THAT WE HAVE THE RIGHT UNDER COPYRIGHT LAW TO LICENSE IMAGES TO YOU, WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Although we use our best efforts to accurately portray the subject matter of the Images, in some cases we have altered Images for artistic or legal reasons, and therefore we make no representations or warranties as to their accuracy, correctness, or reliability. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components.

Changes. We reserve the right to make changes to our site and to this Agreement at any time without notice. This Agreement in conjunction with the specific terms of your license constitutes the entire Agreement between Photovalet.com, Inc. and you with respect to the subject matter hereof. This Agreement shall not be modified except by later written agreement signed by Photovalet.com, Inc.

Termination and default. Photovalet may, in its sole discretion, terminate this Agreement at any time if you fail to comply with its terms and conditions. You shall not be entitled to a rebate of the license fee. Because of the unique nature of Photovalet’s Images, our remedies at law may be inadequate and Photovalet shall be entitled to equitable relief in addition to all other remedies available under law.

Headings. The headings in this Agreement are for purposes of reference only.

Entire Agreement. This Agreement is the entire agreement between Photovalet and you with regard to the use of our Images. It supersedes any prior understandings to the contrary, and may only be modified in a signed writing.

Authorized Uses Only. The reproduction, distribution, transmission, sale, rental, sublicensing or other exploitation of Images is only permitted according to the terms of our License Agreement (“Agreement”) with you. All rights not specifically granted to you are reserved to Photovalet. Downloading the Images does not transfer title to you.

No Assignment. The rights granted to you by this Agreement shall not be assigned, subleased, sublicensed, franchised, sold, encumbered or otherwise disposed of by you without the prior written consent of Photovalet.

Compliance with Law. You agree to comply with all applicable laws and regulations when using the Images. You are solely responsible for the content of any material included in your presentations. You may not use the Images in a manner that is illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane, defamatory, or that would infringe upon or violate any rights of a third party. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

Ownership and title. All Images included on our site, including photographs, illustrations, images, text, templates, and software are owned by Photovalet.com, Inc. or our providers. All Images are protected by US and international copyright law. Images may be watermarked and/or digitally protected and Photovalet.com, Inc. may employ technology designed to locate and identify an Image to verify that it has been properly licensed and is being used within the terms of the license. Any attempt by you to disable any watermark or digital protection will immediately terminate this Agreement and any rights you may have under it, and may subject you to civil or criminal liability. "Photovault” and “PhotoValet” are trademarks of Werner Krutein Productions, Inc. and are used by us under special arrangement. You may not use those trademarks without our written permission. All other trademarks are property of their owners.

Indemnification. Photovalet warrants and represents that it has all rights in the Images necessary to grant the licenses granted by this Agreement. In general, that means we own or control the copyright to the Images and no other rights. Unless we state otherwise in writing, Photovalet has NOT secured all necessary rights of privacy and publicity from persons and things depicted in the Images, nor has it secured permission from trademark owners to depict their trademarks in a manner which may infringe those marks. You agree to indemnify and hold harmless Photovalet and its directors, employees, licensors, Image providers, affiliates and other representatives from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of any Image; your breach of this Agreement; your infringement of any third party rights; or any act or omission by you which results in loss or damage to Photovalet.

Attorney’s fees and jurisdiction. You agree that Photovalet shall be entitled to recover from you any costs or fees, including attorneys' fees that it may incur in enforcing its rights under this Agreement. This Agreement shall be interpreted, construed and governed by the laws of the State of California. Venue for all disputes arising under this Agreement shall be the courts of the State of California in San Francisco County or the Federal District Courts of the Northern District of California and you agree not to contest the personal jurisdiction of these courts.

Limitation of Liability. Except as specifically stated herein, or as otherwise required by applicable law, neither Photovalet.com, Inc. nor its directors, employees, licensors, Image providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of the Photovalet web site or the Images whether or not we have been advised of the possibility of such damages. Neither Photovalet.com, Inc. nor our Image providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the Images on our site. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limited Warranty. OUR SITE AND THE PHOTOVALET.COM IMAGES ARE PROVIDED TO YOU ON AN "AS IS" BASIS. EXCEPT FOR OUR WARRANTY THAT WE HAVE THE RIGHT UNDER COPYRIGHT LAW TO LICENSE IMAGES TO YOU, WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Although we use our best efforts to accurately portray the subject matter of the Images, in some cases we have altered Images for artistic or legal reasons, and therefore we make no representations or warranties as to their accuracy, correctness, or reliability. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components.

Entire Agreement. We reserve the right to make changes to our site and to this Agreement at any time without notice. This Agreement in conjunction with the specific terms of your license constitutes the entire Agreement between Photovalet.com, Inc. and you with respect to the subject matter hereof. This Agreement shall not be modified except by later written agreement signed by Photovalet.com, Inc.

Termination and default. Photovalet may, in its sole discretion, terminate this Agreement at any time if you fail to comply with its terms and conditions. You shall not be entitled to a rebate of the license fee. Because of the unique nature of Photovalet’s Images, our remedies at law may be inadequate and Photovalet shall be entitled to equitable relief in addition to all other remedies available under law.

Headings. The headings in this Agreement are for purposes of reference only.

Entire Agreement. This Agreement is the entire agreement between Photovalet and you with regard to the use of our Images. It supersedes any prior understandings to the contrary, and may only be modified in a signed writing.