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Terms of Use
GUARANTEE: If for some reason your download fails or you receive the
wrong image, don't worry, just
contact us right away, and we will see that you receive the images(s) you
ordered. We guarantee that all images will be properly exposed and in focus, and film scans will be
relatively free from dust and scratches. We will
replace any file that is defective (i.e. doesn't load or is corrupted). In the rare event that a satisfactory replacement is not available we will
issue a
refund. Should a
replacement or refund be required, you must contact us within 24 hours of
download. To receive a refund, you must agree that you have not used the unwanted
image for any purpose other than viewing and will destroy all copies in
your possession. Film photography differs from digital photography
in that it has a grain. Negative film has a more pronounced grain than slide
film. Each image in the gallery states if it is digital, or scanned from a negative or slide. Grain
is not considered a defect, and may even be desirable, depending on how
the image is to be used. If
grain is an issue, then we recommend that you not order images scanned from negatives
that you plan to print larger than 8"x10".
Differences in computer monitors and
color management settings may cause the colors of an image viewed online
to be slightly different when viewed locally, and is not considered a
defect.
LICENSE AGREEMENT: Please review the terms of our License Agreement for Royalty Free Use of
Digital Images (below). Royalty free means that you pay for use of the image once, up front, and do not have to pay us any royalties in the future. It DOES NOT mean that the images are free! If you choose to "borrow" any of the images you find on the TropicalPictures.net web site and copy them to your computer, you may use them for personal viewing and evaluation purposes only. YOU MAY NOT POST OUR IMAGES ON YOUR PERSONAL OR BUSINESS WEB SITE FREE OF CHARGE.
We allow educational and non-profit entities involved in ocean and marine conservation to use our images free of charge. If you are one of these and have such a need, please feel free to contact us.
Consultants (ad agencies, graphic designers, interior decorators, art
consultants, etc.) may license images on behalf of their clients, but
license passes to the client upon delivery.
Our digital stock photos may be used: - For editorial, advertising and promotional purposes either in print or electronic form in magazines, newspapers, books, booklets, flyers, product packaging, broadcast and other media.
- For making prints for personal
and internal business use including use as wall decor.
- On websites at a size no larger than 600 pixels in length or width.
- In PowerPoint-type presentations for personal and internal business use.
Our digital stock photos MAY NOT be used: - As stock photos for
redistribution or resale on the web, magnetic or video tape,
CD/ROM, DVD or any other media.
- For making prints in any form for
redistribution or resale.
- As web templates, screensavers, or other collection of images intended for redistribution
or resale,
- For PowerPoint-type presentations other than for personal and internal business use.
- As part of a derivative artwork intended for redistribution or resale on
non-editorial/advertising items
including calendars, bookmarks e-cards, greeting cards, postcards, t-shirts,
mugs, mousepads, etc.,
- In derivative works created by artists (i.e. paintings, sculpture, etc.;
either in digital or conventional form) intended for redistribution or resale.
- For any other type of redistribution as a stand-alone image intended to be sold or given away for free.
End-User License Agreement for Royalty-Free Use of Digital Stock Images
NOTICE TO USER: THIS IS A CONTRACT BETWEEN THE END USER LICENSEE AND JACOBSON ASSOCIATES, INC. ("JAI"). YOU AGREE TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS STATED HEREIN, RETURN THE IMAGE(S) ALONG WITH THE ORIGINAL PROOF OF PURCHASE TO JACOBSON ASSOCIATES, INC., 1117 W 7th St., Austin, TX 78703.
JAI Digital Stock Images include image files and related information, along with any replacements, modified versions, additions and copies provided to Licensee by JAI. The term "Stock" shall mean any illustrations, photographs, digital animations, videos or other visual representations (collectively "Images"), information and/or auditory representations in any format. The term "Licensee" as used herein means the person or legal entity who has legally acquired a license from JAI to use the Stock Images. If and only if you agree to the following terms and conditions, JAI grants you a non-exclusive license to use the Images as described below:
1. Use of the Images
1.1 Subject to the restrictions in sub-section 1.2, the Licensee of the Stock Images MAY -
a. Make prints, modifications or derivative works of the Stock Images ("Derivative Works"),
b. Incorporate the Stock Images or Derivative Works in any editorial, advertising and promotional materials, broadcast media and product packaging in any quantity,
d. Incorporate the Stock Images as an element in any on-line distribution system (including Licensee's web page) at a resolution no greater than 600 pixels in length or width.
e. Use the Stock Images or Derivative Works to create posters and fine art prints for personal use.
f. Provide a temporary copy to others of those Stock Images and Derivative Works which are an integral part of Licensee's work product as reasonably required to produce a finished product in the normal course of Licensee's workflow,
g. Make one exact copy of the Stock Images, provided Licensee's copy is for backup purposes only, that Licensee copies all proprietary notices and licenses contained therein.
1.2 Licensee MAY NOT -
a. Use or copy the Stock Images, or any part thereof except as permitted by the
terms of this License,
b. Use or permit the use of Stock Images, or any part thereof, as a trademark or
service mark, or claim any proprietary rights of any sort in the Stock Images,
or any part thereof,
c. Use or permit the use of Stock Images as reference material to produce a
close likeness of the Stock Image as a fine art drawing or painting for resale,
d. Use or permit the use of Stock Images for the purpose of creating fine art or
poster prints for resale unless Stock Images are made part of a Derivative Work
and is not the primary or only element comprising the Derivative Work,
e. Sell, sublicense, distribute or otherwise grant rights or make available for
use by others all or a portion of the Stock Images in form or formats designed
or intended for re-use or re-sale of the Stock Images.
2. Copyright - The Stock Images are owned by JAI and protected by United States Copyright Law and International Treaty provisions. Licensee must treat the Stock Images just as Licensee would any other copyrighted material. Licensee may not copy the Stock Images, except as set forth in the "Use of Stock Images" section. Trademarks shall be used in accordance with accepted trademark practice, including the identification of trademark owner's name. Trademarks can only be used to identify printed or electronic output produced from the Stock Images. Such use of any trademark does not give Licensee any rights of ownership in that trademark. Except as stated above, this License does not grant Licensee any intellectual property rights in the Stock Images.
3. Transfer - Licensee may not rent, lease, sub-license or lend the Stock Images, or any copy thereof, to another person or legal entity who is not also a Licensee. Licensee may, however, transfer all of Licensee's rights to use the Stock Images to another person or legal entity who is not also a Licensee, provided that:
a. Licensee transfers this License, including all copies, updates and prior versions, (except work product incorporated into finished product as permitted under this license), to such person or entity,
b. Licensee retains no copies, including copies stored on a computer or other storage device, and
c. the receiving party agrees to be bound by the terms and conditions of this License.
4. Limited Warranty, Limitation of Liability - JAI warrants: (i) that it has the authority to license the Stock Images to Licensee, and (ii) that the media on which the Stock Images are recorded is free from defects in material and workmanship under normal use for a period of ninety (90) days from delivery to Licensee.
EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE STOCK IMAGES AND THE MEDIA UPON WHICH THEY ARE SUPPLIED ARE PROVIDED "AS IS". JAI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF CONDUCT, AND USAGE OF TRADE. IT IS UNDERSTOOD THAT JAI IS UNDER NO OBLIGATION TO CONTINUE THE DEVELOPMENT OF ANY ADDITIONAL STOCK IMAGES OR TO CORRECT ANY ERROR, OMISSION OR MALFUNCTION THEREIN.
IN NO EVENT SHALL JAI BE LIABLE FOR ANY LOST PROFIT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM CONTRACT OR NEGLIGENCE, EVEN IF JAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE'S SOLE REMEDY REGARDING DEFECTIVE PRODUCTS SHALL BE REPLACEMENT OF THE MEDIA AND PRODUCTS IN QUESTION WITH JAI'S MOST SIMILAR CURRENT OFFERING. IN NO EVENT SHALL JAI BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY LICENSEE TO JAI PURSUANT TO THIS AGREEMENT. Under certain circumstances, at its option, JAI may authorize a refund of the purchase price. Such refund would be less shipping, handling and media costs, and subject to removal of all copies of images from licensee's systems, networks, media and printed materials.
5. Governing Law and General Provisions - This License will be governed by the laws in force in the State of Texas excluding the application of its conflicts of law rules. This License will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License is found void and unenforceable, it will not affect the validity of the balance of the License, which shall remain valid and enforceable according to its terms. Licensee agrees that the Stock Images will not be shipped, transferred or exported into any country or used in an any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
6. Termination - This License shall automatically terminate upon failure by Licensee to comply with its terms. All copyright provisions and restrictions contained herein shall survive termination. This License may only be modified in writing signed by an authorized officer of JAI.
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