Royalty Free Images Terms and Conditions



Royalty-free images provide you a library of images from which to choose the most fitting photo for your project. It may be used for your purposes or for your clients as listed below in Section 1.
1. Royalty-free images are provided through a non-exclusive, non-sub-licensable and non-assignable license to the client. Obscure Observations Photography will grant the client (hereinafter licensee) a perpetual, worldwide right to reproduce the licensed material identified in their invoice an unlimited number of times in any and all media for legitimate purposes, excluding those listed in Section 2. Included are: advertising and promotional material; online or other multi-media content; broadcast and theatrical exhibitions; any products or publications; materials for sample and test use including comps and layouts. They may be used for other purposes approved by Obscure Observations Photography provided that the user of the photograph is the end-user and the photograph is used in the manner set out in the accompanying documentation. This agreement is a license, not a sale, and Obscure Observations retains ownership of the photograph and all rights in the photograph which are protected by United States copyright laws, International treaty provisions and other applicable laws. Licensee hereby acknowledges that Obscure Observations is the exclusive owner of the photograph and any and all property rights in and to the photograph.
2. Restrictions are as follows: a) Licensee shall not make use of a photograph in whole or in part that is not provided for in this agreement; b) assign, convey, dispose of, gift, lease, license, rent, sub-license, sell or otherwise transfer any of the rights granted to the Licensee under this agreement. c) Licensee may sell or license derivative works incorporating the photograph in accordance with the uses listed above. d)Licensee may not use or allow anyone else to use the photography for any pornographic purposes, or in a manner that is , or could be, considered libelous or defamatory, or is potentially unflattering or controversial for the model in the photograph. e) Licensee must include a statement that the person depicted is a model and used for illustrative purposes only, if the product or service advertised is used in connection with "sensitive issue" subjects, including sexual activity or preference, substance abuse, physical or mental abuse, violence, poverty, homelessness, alcohol, tobacco, AIDS, cancer or other serious ailments or disabilities. f) Licensee may not use the photograph as a logo, trademark or service mark, or in any template or application with the purpose of creating multiple impressions of a product, including web site design templates, presentation templates, electronic greet cards, business cards, e-business cards, or any other electronic or printed matter; g) licensee shall not use, or make available for use, transfer, license, sell or otherwise distribute a photograph in such a manner that a person can extract or access the photograph as an electronic file, including posting online in a downloadable format, on an electronic bulletin board, or in electronic greet cards. h) Licensee may use the photograph as part of a web page design, provided that the resolution is no higher than 72dpi and that it cannot be downloaded separately. i) Licensee may store the material in a digital library to allow material to be viewed by employees, partners and clients of License, provided there are NO MORE than 10 users.
3. Obligations with the license include: the Licensee shall retain the copyright notice of Obscure Observations Photography and its licenses or content providers and Obscure Observations Photography�s product identification code as displayed on the photograph and as included as part of the electronic file; use the photograph in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright and moral rights; immediately provide to Obscure Observations Photography the full particulars of any claim or threatened claim by a third part in respect of all and any part of the photograph.
4. Photo Credit: ANY and all licensed material used in an editorial context must include the following credit line adjacent to the licensed material: �Obscure Observations Photography.

Disclaimer of Warranty
Obscure Observations Photography warrants that it has all necessary right and authority to enter into and perform this agreement, and (if applicable) the DVD or other media that is provided to Licensee is free from defects in the material and workmanship for ninety (90) days from the date of purchase. The only remedy for a breach of the foregoing warranty is the replacement of the DVD or other media. All photographs and media provided to you are provided �as is� without any warranties or conditions of any kind.
Obscure Observations Photography will notify Licensee if it has obtained all necessary model and/or property releases for use of the licensed material have been obtained. If no such notice is given, then no such release has been obtained. Except where Licensee is specifically notified that a release has been obtained, Obscure Observations Photography makes no representations with respect to any product and no warranties with regard to use of names, trademarks, trade dress, registered or unregistered or copyrighted designs or works or art or architecture depicted in any photograph, and Obscure Observations Photography gives no warranty as to the accuracy or authenticity of the photograph or any description of them or the identification of person, objects or scenes appearing in them, and SHALL NOT be liable to Licensee for any of the foregoing. Rights and warranties apply only to the licensed material as delivered by Obscure Observations Photography and will be invalid if the licensed material is altered in any way or used in any manner not specifically authorized in the agreement.

Limitation of Liability
In no event shall Obscure Observations Photography be liable for indirect, incidental, special consequential, exemplary or punitive damages for any breach of its obligations and warranties, express or implied resulting from this agreement. Obscure Observations Photography entire liability and Licensee�s entire remedy for any damages or loss suffered from any cause whatsoever, shall be limited to the sales value of the product. Licensee acknowledges that the product pricing reflects this allocation of risk and the limitation of liability specified in this agreement.

Term and Termination
The license granted herein is a perpetual license that will terminate only as set out below. This agreement will terminate automatically and without notice from Obscure Observations Photography if you breach, or fail to perform or observe, any covenant, condition, or provision of this agreement. Obscure Observations Photography reserves the right at any time to terminate this agreement for any reason whatsoever or to terminate this agreement in respect of a particular photograph or photographs, provided, however, that Obscure Observations Photography agrees to replace the particular photograph or photographs, DVD, or other media affected by such termination with a replacement.
Upon termination of this agreement, Licensee agrees to: 1) cease all use of the photographs or DVD or other media containing such photographs provided to Licensee; 2) return all DVD or other media provided to Licensee containing the photographs; 3) destroy or delete all photographs stored on any premises, computer, hard drive, digital media or other facilities or storage devices, including all copies of the photograph and DVD or other media.

License Cancellation Fee
If Licensee requests in writing to cancel this agreement within 30 days of the date of receipt of licensed material, and such material has not been used, Obscure Observations Photography may cancel the agreement and issue a credit to licensee�s account as follows: a)an amount of up to 100%of the license fee may be credited if the request is received within 7 days of receipt of the licensed material; or b) an amount of up to 50% of the license fee may be credited if the request is received between 8 and 30 days of receipt of the licensed material; in each case an administration fee of US$20 will be charged. No credits are available for any cancellation request received after 30 days from receipt of the licensed material.

Interest on Overdue Invoices
If Licensee fails to pay the invoice in full within the time specified in the invoice, Obscure Observations Photography may add a service charge of two percent (2%) per month, or such lesser amount as is allowed by law, on ANY unpaid balance until payment is received.

Taxes
All license fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee.

Indemnity
Licensee agrees to indemnify, defend, save and hold Obscure Observations Photography, its licensors, contributors, including but not limited to photographers, models, and properties, and resellers harmless from and against any liability, cost, fee, expense, loss, judgment, claim or damage claimed by a third party resulting from any breach, violation of, or failure to fulfill any representation or agreement made by Licensee or arising out of any use of a photograph provided to Licensee, including the use of a photograph in breach of this agreement; the use of a photograph otherwise than in accordance with the rights granted to Licensee; the use of the photograph in such a manner that violates or infringes any right on another person; and the unauthorized use by any third party to which Licensee may have supplied a photograph provided by Obscure Observations Photography.

Assignment
Licensee shall not assign this agreement in whole or in part without Obscure Observations Photography�s approval.

Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Arizona and the United States of America. The parties to this agreement are bound by the exclusive jurisdiction of the courts of the State of Arizona and all courts competent to hear appeals there from.
This agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the parties, both written and oral, relating to the subject matter hereof, and establishes the exclusive agreement and understanding between the parties hereto.
This agreement may be amended only by written agreement. The provisions of this agreement will be expected to survive termination of this agreement.
In the event of any breach of this agreement by the Licensee, Licensee agrees to be responsible for the reasonable legal fees of Obscure Observations Photography, its licensors and contributors.

Trademarks
Obscure Observations, Obscure Observations Photography, and Obscure Observations Stock Photography and their respective logos are trademarks of Obscure Observations Photography. All other trademarks are the property of their respective owners.

Copyright (c) Obscure Observations Photography 2003-2011. All rights reserved.

Obscure Observations Photography 1551 W. Posada Avenue Mesa, AZ 85202-8115

You can contact the owner at karen@obscureobservations.com or (602) 558-5503.

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