Thurston Photo Digital Downloading Terms and Agreement
CONTENT USE AGREEMENT
This Agreement governs the terms by which users/clients of Thurston Photo obtain the right to use the digital content of Thurston Photo through the web site located at www.thurstonphoto.com (the “Site”). This Content Agreement is in addition to the Terms of Use applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.
1. Background of Agreement
(a) By downloading content from this site, you accept this Agreement, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the Content.
(b) In this Agreement: (i) “you” or the “Client” means you ( the person downloading the content, (ii) “Thurston Photo” or “we” means Thurston Photo, operator of the Site; and (iii) “Content” means any photographic image or any digital media or other material that you are downloading from the Site.
2. Downloading Terms
We hereby grant to you limited, non-exclusive, non-transferable permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you strictly cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Thurston Photo.
3. Permitted Uses
(a) You may only use the Content for personal use on your personal devices only as a screensaver. For clarity, you may not use the Content in products for resale, license or any other distribution whatsoever, this Content is strictly permitted for the single use of a background or screensaver only. For example, you cannot superficially modify the Content, print it on any physical product, or sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!
(b) Only you are permitted to use the Content for personal use, although you may digitally transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration of time you can use it for. You may not make a copy of the Content for back-up purposes.
(c) Any additional permitted uses must be approved in writing by Thurston Photo.
If there is any doubt that a proposed use is a Permitted Use, you should contact Thurston Photo for guidance.
4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:
- use the Content in any digital applications;
- use the Content in any printed material of any kind, ie: this Content cannot be printed in any way;
- use the Content in any film or video presentations, broadcast and theatrical presentations, commercials, advertising and promotional projects;
- use or display the Content on websites or post the Content on any online platform or social media channel whatsoever.
- use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
- use the Content in a fashion that is considered by Thurston Photo (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
- remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
- install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
- use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
- either individually or in combination with others, reproduce the Content, or any element of the Content.
6. Terms of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Thurston Photo if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Thurston Photo in writing that you have complied with these requirements.
(b) Thurston Photo reserves the right to elect at a later date to revoke or amend this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, from time to time, of such replacement, the replaced Content immediately terminates for any products that do not already exist, and this agreement automatically applies to the replacement Content.
(c) Upon notice from Thurston Photo, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Thurston Photo may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage. Thurston Photo shall provide you with replacement Content (which shall be determined by Thurston Photo in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
7. Thurston Photo Representations and Warranties
(a) THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Thurston Photo DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Thurston Photo) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
8. General Provisions
(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
(b) Thurston Photo’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement is personal to you.
(d) The parties have agreed that this Agreement and all related documents be drawn up in English.
9. Contact
If you have concerns relating to this Agreement, please contact Thurston Photo at pt@thurstonphoto.com
10. Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF THURSTON PHOTO AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THURSTON PHOTO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND THURSTON PHOTO RELATING TO THE SUBJECT OF THIS AGREEMENT.
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