CoolWaterPhoto.com LLC Terms & Conditions

Disclaimer

All images on this web site are copyright protected. Use of image is subject to issuance and payment for a licensing agreement. Please read the Copyright Notice and the following Terms and Conditions carefully, as use of our images constitutes a legal and binding agreement between you and CoolWaterPhoto.com LLC.

Terms and Conditions


RESTRICTIONS ON USE:

Material from CoolWaterPhoto.com may not be copied, distributed, reproduced, recreated, republished, uploaded, downloaded, posted, transferred or transmitted in any way without the prior written consent of CoolWaterPhoto.com LLC, other than as stipulated in these Terms and Conditions, or as specified in our invoice, once said invoice is paid in full.

PERMITTED USAGE:

Low resolution digital photography files on this web site are for examination only. Such files including but not limited to thumbnails and larger preview or Enlarged View files may be downloaded for use in comprehensive layouts or comps. Please read the Exception section on our Copyright Notice for more information.

Students and teachers are permitted to use low resolution or thumbnail view images for school project use only. No e-mailing or web site use of images is allowed except noted. No other rights are granted. Please read the Exception section on our Copyright Notice for more information.

High resolution digital photography files may not be reproduced or used in any way without (A) express written permission on our invoice stating the rights granted and the terms thereof, and (B) payment of said invoice. The reasonable and stipulated fee for any other usage shall be three times our normal fee for such usage.

Sale of rights for commercial stock photo use does not confer any rights for electronic usage. No usage is granted for Internet, CD-ROM, or other electronic or digital use or new media subsequently developed unless specifically authorized on our invoice.

Unless specifically extended on our invoice, usage rights are limited to one time non-exclusive publishing rights in one language/one country.

Digital photography files must not be stored or archived. In order to avoid any misuse or accidental copyright infringement, all files are to be destroyed within two weeks after use or within two weeks after receipt if not selected for use.

COPYRIGHT REQUIREMENTS:

All of our stock photos are copyrighted by their respective photographers and by CoolWaterPhoto.com LLC. Unless otherwise stipulated, any use must be accompanied by copyright notice listing photographer and CoolWaterPhoto.com (e.g. © Masa Ushioda/CoolWaterPhoto.com), and a minimum of two complimentary copies of use must be provided to CoolWaterPhoto.com. Unless expressly waived on invoice, all fees quoted assume these conditions. In the event of failure to comply fully with these provisions, the usage fee shall be doubled. Recipient hereby expressly consents to the jurisdiction of the Federal Courts with respect to claims under the copyright Act of 1976, as amended, and agrees to be bound by Article 2 of the Uniform Commercial code.

PAYMENT TERMS:

Payment of the invoice herein is to be net thirty (30) days. Thereafter, a service charge of two percent (2%) per month (24% per year) is applied on the balance until paid in full. Receipt of an invoice outlining fees and subsequent rights does not constitute copyright clearance nor permit to use or distribution of an image. Licensing rights are conveyed only upon CoolWaterPhoto.com LLC’s receipt of payment in full of the amount invoiced.

All payments must be made by: 1) A check drawn on a U.S. bank; 2) Bank transfer (3% transfer fees for a domestic transaction and 5% for a foreign currency transaction will be added); 3) A money order in U.S. Dollars; 4) A check drawn on a bank outside the USA (please add $20.00 U.S. surcharge to cover bank charges); or 5) Online Payment by credit cards or PayPal (3% banking fees for a domestic transaction and 5% for a foreign currency transaction will be added).

INDEMNITY:

Recipient assumes full liability for its employees, agents, messengers, and freelance researchers for any misuse of the images, and agrees to indemnify and hold CoolWaterPhoto.com LLC, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an image or any breach of this agreement.

WARRANTY:

CoolWaterPhoto.com LLC does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.