PhotoEdit Inc.

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Please read the Terms and Conditions below before retrieving your Images.

RULES FOR USING OUR COPYRIGHTED PHOTOGRAPHS

All images on this site are the property of PhotoEdit, Inc. and copyright protected.  You may use them without payment only for in-house viewing and presentations, storyboards and comps.  For all the other uses, you must request a license from PhotoEdit, Inc and pay for permission.   In every case, PhotoEdit, Inc reserves all rights except those specified in the license agreement we make with you.

Copyright Information: (This text comes from the Picture Agency Council of America in which PhotoEdit, Inc. is an active member).
1. When a photographer creates a photo, that photo is copyrighted.
2. The photographer or PhotoEdit, Inc. (his/her agent) has the exclusive right to exploit the copyright.
3. You must obtain permission in advance and in writing to use a copyrighted photograph for any purpose to avoid possible violation of the federal law on copyright.
4. Any unauthorized use constitutes an infringement.
5. Penalties for infringement are monetary and can be severe.
6. Only the photographer or PhotoEdit, Inc. (his/her agent) may electronically or in any other way combine, alter, or scan photographs or any part of a photo.  You must obtain permission in writing before you combine or alter any of the photos on our site.
7. Exceeding the terms of a license has been held to be an infringement.  You must obtain and pay for a new license prior to using our images for any additional uses not included in the original license we granted to you. 
8. An artist's rendering of a photograph in another medium is a derivative use of our image.  Before you do this, you must request permission in writing from the photographer or from PhotoEdit, Inc. (his/her agent) which may be granted, after you pay the agreed upon fee.
9. If you ask another photographer to photograph (or in any other way create) an image that looks like one of our images, that is a derivative use and as such requires permission from and payment to the photographer or PhotoEdit, Inc. (his/her agent). 
10. Reference use of the photograph or any part thereof requires the permission from and payment to the photographer or PhotoEdit, Inc. (his/her agent).

Rights specifically not granted to you.  You may not use any images from the PhotoEdit, Inc.'s collection for any of the following:
1. You may NOT use the images in a downloadable database where you are giving permission to others or implying to others that they may use, download or copy the images.
2. You may NOT use the images in connection with any potentially sensitive issue including, but not limited to sex, reproduction rights, physical or mental challenges, AIDS or substance abuse.
3. You may NOT use the images to directly or indirectly imply an endorsement or affiliation with individuals, products or entities that have not expressly authorized such usage.
4. You may NOT use the images in a way that may be considered defamatory, libelous, pornographic, obscene, immoral, fraudulent or to defame or disparage, directly or indirectly, any person, product, or entity or any other unlawful use.
5. You may NOT sell, give or transfer the images to a third party.
6. You may not use the images in any way to compete with PhotoEdit, Inc. or in any other stock agency type endeavor.

Payment.   Rights are reserved to you when we create the invoice, but not granted until you pay the invoice in full.  Your use of the images is predicted on the payment in full for the use of the images.  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, PhotoEdit, Inc. may use all legal means to collect damages.  
Unless you pay by Credit Card (Visa or MasterCard), we expect full payment for all invoices within thirty (30) days from the issue date.  We will impose a finance charge of 1.5% per month on any balances unpaid immediately after thirty (30) days.

If you do not use the invoiced images, you must notify PhotoEdit, Inc. within five (5) days from your receipt of the invoice.  At that time, we will revise your invoice to cover only the costs we have invested in supplying you with our images (a service charge). If you fail to notify us within the specified time, you are responsible for full payment of the invoice.

Disputes or claims arising out of submission and/or use:

You agree to hold PhotoEdit, Inc. and the photographer harmless from all claims and/or any damages or liability of any kind arising from any reproduction or use of the images, including defamatory use.  PhotoEdit, Inc gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.  The captions PhotoEdit, Inc. provides for our images are  a convenience only and PhotoEdit, Inc. does not warrant the accuracy of the caption information.

PhotoEdit, Inc. makes no warranties, expressed or implied, including, without limitation, any implied warranties of merchantability or fitness of its image for a particular purpose.  Neither PhotoEdit, Inc. nor any of its directors, officers, or employees shall be liable for any damage, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the images as you intended.	PhotoEdit, Inc.'s liability, if any, is limited to the amount you paid as a license fee.  Under no circumstances whatsoever will PhotoEdit, Inc. be liable to you for incidental or consequential damages arising out of the use or inability to use the images or for any claim by any other party.  Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

(A) 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 Los Angeles 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 California.

(B) Copyright claim shall be brought in the Federal Court having jurisdiction.

(C) If PhotoEdit, Inc. is caused to present claims or suit as a result 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.

This agreement is not assignable or transferable on the part of the recipient.

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