Take Stock Web Site User Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TAKE STOCK, A PHOTOGRAPHIC STOCK AGENCY. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). BY CLICKING ON THE ACCEPT BUTTON OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Ownership of This Web Site
This Web site is owned and operated by Take Stock. All of the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by the individual photographers who created the images and/or Take Stock, its licensers and its content providers.
The images on this site may only be used as outlined under "Grant of Rights" below. It is illegal to copy or reproduce these images beyond the "Licensing Agreement", including use on other web sites without the prior written consent of Take Stock. It is illegal to use any portion of our images as reference for another photograph or illustration in any form.
If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.
You may use the Content for your personal, non-commercial use only. This means you may copy and store a single copy of the Content you have selected onto your computer hard drive or disk and to use the Content on one computer and with one user at a time only, provide that you retain any credits, legends or proprietary notices associated with the Content. You may not, however, use the Content for commercial purposes or for monetary gain. In addition, you may not publish, broadcast, distribute, transmit, market or commercially exploit the Content in any media for any reason without the express written permission of Take Stock. Furthermore, you may not edit, modify or prepare derivative works of the Content, nor may you incorporate the Content in any other publication, Web site, database, or other works in any media without prior written permission of Take Stock. Any such usage constitutes willful copyright infringement and is punishable to the fullest extent of the law.
YOU ACKNOWLEDGE THAT THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TAKE STOCK MAKES NO WARRANTY THAT THE OPERATION OF THIS SITE WILL BE ERROR-FREE OR THAT ACCESS TO THIS SITE WILL BE. TAKE STOCK MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TAKE STOCK NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE. TAKE STOCK MAKES NO, AND YOU ACKNOWLEDGE THAT TAKE STOCK HAS NOT MADE ANY, AND TAKE STOCK HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT AND THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
Under no circumstances will Take Stock or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the images or (b) the inability to obtain additional rights to the images (including making additional copies) even if Take Stock has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the image, their representative, and Take Stock shall be the fee paid for the image to Take Stock.
You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity. You agree to hold Take Stock harmless against all claims, liability, damages, costs and expenses arising out of any breech of this Agreement.
Governing LawThe interpretation of this Agreement shall be governed by the laws of the State of California, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in San Rafael, California pursuant to the rules of the Arts, Arbitration and Mediation Service of the California Lawyers for the Arts, and the laws of California. Judgment upon the award rendered may be entered in any court having jurisdiction. Any dispute involving $5000 or less may be submitted without arbitration to any court having jurisdiction. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If Take Stock is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.
Take Stock. ©2002 All rights reserved.