Neder Photo Gallery Terms and Conditions
General Terms and Conditions for Use of the Neder Photo Gallery Web Site
Before you enter the Neder Photo Gallery web site (the "Site"), or use any Neder Photo Gallery products or services, it is important that you review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically. You can review the most current version of the Terms and Conditions at any time at: http://www.neder.com/photogallery/licence.html.
By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Neder Photo Gallery that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. If you do not agree to the Terms and Conditions, do not access the Site or use any of its services.
You agree that Neder Photo Gallery, in its sole discretion, may deny the purchase request for limited copyright access to any and all of the photographs contained in the Site. Neder Photo Gallery may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice. Further, you agree that Neder Photo Gallery shall not be liable to you or any third-party for any termination of your access to the Site or any photographs contained therein.
Neder Photo Gallery will never release your name or other personal information without your permission unless required by law. Neder Photo Gallery may use aggregated member information that does not identify any individual member. Neder Photo Gallery makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between Neder Photo Gallery' server and your local computer may not be secure.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site. You agree not to use any aspect of the Site as part of a derivative work.
You agree to indemnify and hold Neder Photo Gallery including its parent, affiliate, partners, and subsidiary companies and their respective director, officers, employees and agents harmless from any and all losses, expenses, damages or costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or your use of the Site.
Neder Photo Gallery expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis.
You expressly acknowledge and agree that Neder Photo Gallery will have no liability for special, incidental, indirect or consequential damages of any kind in connection with your use of the Site, even if you have been advised of the possibility of such damages.
Terms and Conditions for Licensing Photos from Neder Photo Gallery
This license agreement controls your right to use any single or multiple images distributed by Neder Photo Gallery. This license agreement is a legal and binding contract that specifies your rights and the warranty and liability limitations between you and Neder Photo Gallery. By purchasing a license for an image or multiple images from Neder Photo Gallery, you agree to be bound by this license agreement.
If you are entering into this agreement on behalf of your employer or as part of a contract relationship, the license granted and restrictions and limitations recited herein apply to your employer or contracter as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.
In consideration of the payment of the required fees for one or more images from Neder Photo Gallery, and in further consideration of your acceptance of the provisions of this agreement, Neder Photo Gallery hereby grants you a personal, non-transferable, nonexclusive, limited right to use such images subject to the following terms and conditions:
USE. You are licensed to use the image or images worldwide with no limit on the number of times used, for the following purposes only:
Advertising, promotional materials, posters, postcards, and product packaging, online, multi-media and web pages, publications (print or electronic), including products for sale, and personal, non-commercial, and fund raising.
The image(s) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used in or for pornographic, libelous, defamatory or any other improper or illegal purposes.
If any image including or featuring a person or model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product, service, or belief, you as the Licensee must accompany each such use with a statement that indicates that the person is only a model and the images is being used for illustrative purposes only. Under no circumstances shall the image(s) of people or models be used in connection with a subject or topic that would be unflattering or controversial to a reasonable person.
OWNERSHIP. All rights to the images are owned by Neder Photo Gallery and are protected by United States copyright laws. Neder Photo Gallery retain any and all rights, titles and interests not expressly granted by this license agreement. No images may be sublicensed, resold, transferred, assigned, or otherwise made available for use or distribution separately detached from a product or web page.
NO RESALE OR SUBLICENSING. You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a BigStockPhoto Special Licensing agreement.
WARRANTIES. Neder Photo Gallery warrants that the image file(s) are free from defects in material and workmanship for thirty (30) days from the time of delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the image(s) or refund of the purchase price at the sole discretion of Neder Photo Gallery. Neder Photo Gallery makes no other warranties, express or implied, and specifically disclaims any other warranties, including without limitation, any implied warranties of merchantability or fitness for a particular use or purpose.
You the Licensee warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image or images.
DAMAGES. Neder Photo Gallery (including it parent, affiliate, and subsidiary companies and their respective director, officers, employees and agents) shall not be liable to Licensee or any other person or entity for any general, special, punitive, direct, indirect, incidental or consequential damages or loss of profits or any other damages, costs or losses arising out of the license and licensee's use of the image(s). You the Licensee agree to indemnify and hold Neder Photo Gallery (including it parent, affiliate, and subsidiary companies and their respective director, officers, employees and agents) harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever for the unauthorized use of any licensed image(s) or for Licensee's breach of any of the terms of this agreement.
NOTICES. Any notices or requests to Neder Photo Gallery may be addressed to the company at P.O. Box 390855, Mountain View, CA 94039.
TERMINATION. This agreement shall terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s) and delete all copies of the image(s) from your computer and all magnetic media.
SEVERABILITY. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
GOVERNING LAW. The law of California, USA shall govern and control this agreement. Any disputes arising from this agreement or its enforceability shall be settled by binding arbitration to be held in the courts of San Jose, California.
Your purchase and acceptance of any image(s) constitutes your consent to and acceptance of the foregoing image license.
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