Website Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.  Using this website indicates that you accept these terms.  If you do not accept these terms and conditions ("Terms"), do not use this website.


PhotoDeck is a service used by Michael DeYoung Photography, providing image delivery and sales capabilities for this website.  Please be sure to read Photodeck's Terms and Conditions (also shown at the end of this agreement) as you are agreeing to them as well as those Michael DeYoung's listed below.

Registering or making a purchase on this website creates a User account on the PhotoDeck service.  (See "Privacy Policy".)

 

DEFINITIONS:

"Invoice" means the computer-generated or pre-printed invoice provided by or through the Site that may include, without limitation, names of the Licensor and Licensee, the permitted scope of use of the Licensed Material selected and the corresponding price for the license of such Licensed Material.

"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

"Licensee" means the person or entity set forth in the applicable Invoice as the "licensee" and receiving the rights to the Licensed Materials as specified hereunder.

"Licensor" means Michael DeYoung Photography the entity set forth on the Invoice as the "licensor" and granting the rights to the Licensed Materials as specified hereunder.

"Reproduction" and "Reproduce" mean any form of duplication, copying or publication of any or all of the Licensed Material, via any medium and by whatever means, and/or the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.

 

MICHAEL DEYOUNG PHOTOGRAPHY TERMS AND CONDITIONS OF DELIVERY

COPYRIGHT & OWNERSHIP: All Images on this website are copyrighted, protected by U.S. and international copyright law and remain the exclusive property of Michael DeYoung Photography. Recipient does not acquire any right, title or interest in or to any image(s) by the downloading, copying or by the granting of the license to reproduce an image(s).

USE OF IMAGES: All images downloaded are for examination only. Client is granted a personal one-time, non-exclusive use to copy Image(s) to one computer hard drive for temporary comprehensive layouts (“comp use”). The images may not be used in any final materials distributed internally or to the public. Images may not be used in any manner other than temporary comp use outlined above until an Invoice and Grant of Rights is issued and paid in full. 

PROHIBITED USES:

  1. Creation of any derivative use of an Image unless indicated in Invoice and Grant of Rights.
  2. You may not archive, republish or transmit any image(s) on any database, or, copy, publish or distribute any Image(s) to a network or bulletin board.
  3. Projection of images for any purpose.
  4. Except for minor cropping, color and exposure corrections, you may not make any alterations, additions, subtractions, or distortions by any means without our express written permission.
  5. Images may not be sub-licensed, re-licensed, rented or leased.
  6. Use of any Images to promote another photographer.

 

PAYMENT: Full payment must be received by Michael DeYoung Photography prior to any use(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Michael DeYoung Photography may use all legal means to collect damages.

GRANT OF RIGHTS: Your use is limited to the parameters established on our INVOICE and GRANT OF RIGHTS. All rights not expressly licensed to you in writing remain with Michael DeYoung Photography. Rights are granted when payment in full is made. These rights may not be assigned or transferred to a third party. This Grant of Rights supersedes any client purchase order or publishers’ “contributor contract.”

COPYRIGHT PROTECTION/CREDIT LINE: For Editorial use, credit line in the form of Copyright "© (Year) Michael DeYoung” must appear adjacent to or within the photograph(s) or fee is tripled. For Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use. Proper notice may be either "© Client Name, Year-date of first publication", or "© (Year), Michael DeYoung" adjacent to or within the photograph(s).

DESTRUCTION OF DIGITAL FILES: Any and all digital files created from our images, or delivered to you MUST BE DESTROYED after your use of the image(s) is completed, unless you plan to re-license use of the image. In such case, you agree to first notify us for a fee reassessment.

INDEMNIFICATION: You agree to hold Michael DeYoung Photography harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees arising from the use of an Image(s) or any breech of this agreement. You agree not use the images for any unlawful purpose, 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.

GOVERNING LAW: The interpretation of this Agreement shall be governed by the laws of the State of New Mexico, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, shall be settled by arbitration in New Mexico pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New Mexico. Copyright claims shall be brought in the Federal Court having jurisdiction. If Michael DeYoung Photography 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.

MISCELLANEOUS: No alterations may be made in any of these provisions without the express written consent of Michael DeYoung Photography.

 

PHOTODECK'S USER/PHOTO BUYER TERMS AND CONDITIONS OF USE

PURPOSE OF THIS WEBSITE

The purpose of the website PhotoDeck.com (“the Site”), owned and operated by PhotoDeck (SARL) (“the Owner”), is to provide photographers, video producers, and their authorized representatives (“Subscribers”) the technical means (“Service”) to publish, market, license, sell and distribute their images, video clips and other products (“Subscriber Content”), in digital or physical format, to visitors of the Site (“Users”).

To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and the Subscriber’s clients (Users).

 

USERS: PURCHASE, LICENSING AND USE OF IMAGES

As a User, you are not allowed to use Subscriber Content without prior license agreement (and payment of any applicable license fee) with the Subscriber owner of said content. Low-resolution and watermarked images displayed on the Site may only be used within a project team for internal evaluation of the suitability of said Content for the project.

Neither the Site nor the Owner give any assurance of the suitability of Subscriber Content for any use.

You acknowledge that any purchase or licensing of Subscriber Content over the Site is between you and the Subscriber, and that neither the Site nor the Owner are a party in said transaction.

 

USER AND SUBSCRIBER CONDUCT

You are required to show respect and consideration towards other users, and towards their copyrights in particular.

Under no circumstances will you use the Site or the Service to:

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party ;
    harm minors in any way ;
  • violate any law or otherwise engage in any unlawful activity ;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable ;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships ;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity ;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site ;


You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content you upload and/or post.

You acknowledge that the Site or the Owner may or may not pre-screen Subscriber Content, but that the Site or the Owner and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Subscriber Content.

The Site reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Site in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct. No refund of fees or other amounts will be made if you violate or breach any of the Terms and Conditions.

Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.

 

COPYRIGHTS

If you believe that any of your intellectual property rights have been infringed on the Site, please contact service {ät} photodeck.com to report the problem.

 

SERVICE OPERATION

The Owner will make every reasonable effort to keep the Site and the Service operational. However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.

 

PROPRIETARY RIGHTS

You acknowledge and agree that the Site, any necessary software used in connection with the Site and the Service (“Software “), and the information contained on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

The Owner grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer for such purposes as are ordinary and customary.

Except as expressly authorised by the Owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You further agree to not (and to not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to uncover any source code.

Should you make an improvement suggestion or request, you agree to inform the Owner of any patent or intellectual property right you may hold, directly or indirectly, that would prevent the Owner to implement freely your suggestion or request. In the event that a suggestion or request you made results, directly or indirectly, in new or updated functionality in the Software, you agree to not claim any intellectual property right to said functionality and Software.

 

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF TUTORIALS AND OTHER PROVIDED INSTRUCTIONAL CONTENT, SUBSCRIBERS’ WEBSITES RANKING IN SEARCH RESULTS, WEB TRAFFIC AND SALES ON SUBSCRIBER WEBSITES, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
THE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT UPLOADED WILL BE AVAILABLE (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

In particular, loss of uploaded content might occur and it is the subscriber’s responsibility to keep a backup copy of all uploaded content.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND ACCESS OR RETRIEVE SUBSCRIBER CONTENT OR CONTENT POSTED ON THE SITE ; (ii) DOWNLOAD AND USE OF SUBSCRIBER CONTENT WITHOUT LICENSE AGREEMENT IN VIOLATION OF THESE TERMS AND CONDITIONS (iii) UNAUTHORIZED DISCLOSURE OF SUBSCRIBER CONTENT (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OF THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

 

INDEMNITY

You agree to indemnify and hold the Owner harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site and the Service, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.

 

 

ACCEPTANCE: All of the terms above will be deemed acceptable unless objections are made in writing within one (1) business day of receipt.

 

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