Stock Photography Terms and Conditions

Please read this License and User Agreement carefully. This Agreement establishes the terms and conditions of any image or other images you download from this site, and of your use of this site. It also contains disclaimers of liability and sets forth other material conditions.

By downloading images during the purchase process, you agree to the terms and conditions of this User Agreement. By accepting these terms, and upon full payment, a legally binding contract will be formed between you and Eric Frisbee Photography. Eric Frisbee Photography reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time.

By concluding a request via the Website to license and download an Image, termed a "Web Transaction", you will be permitted to download a high resolution digital copy of the Image for commercial reproduction. Your right to use and reproduce the Image will at all times be subject to and governed by the specific terms of the License, as well as the following general terms and conditions:

1. Ownership of the Images and Website

User acknowledges that Eric Frisbee Photography owns all copyrights in the Images, and that the License granted to User under the terms and conditions herein confers no rights in or to the Image other than as expressly set forth herein.
Eric Frisbee Photography is the exclusive owner of all Web Site Content, including all copyrights, trademarks, service marks, trade names, Web Site trade dress and/or other intellectual properties therein. Web Site Content or Images may NOT be copied, reproduced, republished, uploaded, posted, transmitted, exploited, or distributed in any way, except as specifically permitted under a purchased licensed agreement and the terms and conditions of that purchased license.
If User makes any Non-Permitted Use of the Web Site Content or any Image, User shall indemnify Eric Frisbee Photography for any damages, losses, costs or expenses which Eric Frisbee Photography may suffer as a result of a Non-Permitted Use. In addition, User will account for and remit to Eric Frisbee Photography all profits lost by Eric Frisbee Photography or earnings that User receives as a result of User's Non-Permitted Use.

2. License Granted

User's sole right to use, display, reproduce or distribute an Image shall be pursuant to the terms and conditions of this Agreement and is conditioned upon User's compliance with such terms and conditions.

Basic License: User is hereby granted a one-year limited, non-exclusive license to use the Image. A Basic License permits User to use, display, reproduce, and distribute an Image for a particular one-time use for one year from the date the Image is received. If User wishes to make any additional use of the licensed Image, the Image must be re-licensed for each additional use. The duration of one-year is assumed unless explicitly specified by the license.

For example, a Basic License grants User the right to reproduce an Image on a single brochure or print advertisement that may be distributed or placed one time only.
Request for Exclusivity: Exclusive rights may only be granted by Eric Frisbee Photography subject to the availability of such rights and subject to additional fees as determined by Eric Frisbee Photography. Exclusive rights cannot be obtained through the Website. You must contact Eric Frisbee Photography directly to inquire about exclusivity. No exclusivity will be granted or implied unless it is stated in writing by Eric Frisbee Photography in the specific terms of the License. If Eric Frisbee Photography grants exclusive rights in a license, it will take reasonable precautions to avoid licensing the Image to others in a manner which, in its opinion, conflicts with the specific terms of the License.

3. User's Obligations

By agreeing to these terms and conditions, the User agrees that:

When the image is used for an Editorial Purpose, or for certain other media where the publishing of credit lines is the norm, User will display the appropriate copyright notice, "© Eric Frisbee";
User will not assert or claim any copyrights of any Image;
User will not grant, or attempt to grant, any right to use, display, reproduce or distribute any Image, including but not limited to an assignment, license, sublicense of the Image or User's license granted under the terms of this Agreement;
If User learns of, or suspect there is, any unauthorized uses, reproduction of any Image available on Eric Frisbee Photography, User will promptly notify Eric Frisbee Photography of facts and circumstances known to User regarding such use or reproduction.

4. Modifications of Images

All images and licenses may incorporate color corrections, contrast corrections, or minor enhancements of detail to match the intended output media in representing the image in the intended original form. Upon purchasing and receiving a license from Eric Frisbee Photography, the right to modify the image varies according to the type of license. For a license relating to factual news, the User must respect the ethics of editorial and news photography, especially in the area of manipulation and modification to images that depict factual events. The User will maintain the integrity of an image, and will not make any changes that would materially alter the fundamental nature of the subject matter depicted. For commercial and advertising, the User may modify the Image in any manner, such as by addition or subtracting graphic or text elements to the Image, or use the Image to create a Derivative Work, provided:

User does not claim and hereby assigns to Eric Frisbee Photography any and all rights in and to the modified Image or the Derivative Work; and
User does not grant, or attempt to grant, to anyone else any right, title or interest in and to the modified Image or the Derivative Work.

5. Obscene, Defamation or Sensitive Uses

Obscene and Defamatory Uses are Prohibited: User will not use, display, reproduce or distribute an Image in connection with or in association with works that are or might be deemed to be pornographic or obscene in nature, or that are or might be deemed to be defamatory.
Sensitive Uses Require Advance Written Consent: Advanced written permission is required for use of an Image with any sensitive subjects, including but not limited to abortion (either pro life or pro choice), adoption, AIDS/HIV, alcohol, animal rights, birth defects, breasts and breast enhancements, cancer, child abuse, contraception, depression, drugs and substance abuse, eating disorders, fertility issues, genitalia issues, guns and weapons, menopause, religious and political groups, poverty, psychiatric issues, sexual issues, sexual harassment, substance abuse, suicide, teenage issues (including sexual and drug-related issues), and tobacco.
If User wishes to license an image for a sensitive subject, User must e-mail or call Eric Frisbee Photography notifying Eric Frisbee Photography of the intended use and request sensitive subject permission. Eric Frisbee Photography reserves the right to decline, for any reason whatsoever, license requests for sensitive subjects. Absolutely no license will be issued for sensitive subjects without the written permission by Eric Frisbee Photography. Eric Frisbee Photography reserves the right to rescind a license for usage that is considered by Eric Frisbee Photography to be outside the scope of each unique sensitive subject permission.

6. License Fees, Payment, and Acceptance

User agrees to pay any and all User Fees listed on Eric Frisbee Photography associated with the Image and license selected by User. User acknowledges and agrees that its license to use an Image is conditioned upon its payment of the required License Fee.

7. Eric Frisbee Photography Representations

Eric Frisbee Photography represents and warrants that it is free to convey the rights conveyed by this Agreement, has not previously made any grant, encumbrance or other disposition to others of such rights that would limit or alter the rights granted to User under this Agreement. Eric Frisbee Photography does not represent any unauthorized uses of any image.

8. DISCLAIMER OR WARRANTY

Eric Frisbee Photography WEB SITE: Eric Frisbee Photography MAKES NO WARRANTIES, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF ITS WEB SITE, AND THE INFORMATION, DATA OR IMAGES CONTAINED THEREON.
WHILE Eric Frisbee Photography UNDERTAKES ALL REASONABLE EFFORTS TO MAINTAIN THE FUNCTIONALITY AND ACCURACY OF ITS Eric Frisbee Photography WEB SITE, Eric Frisbee Photography DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE RESULTING FROM USER'S USE OF Eric Frisbee Photography'S WEB SITE.
Eric Frisbee Photography SHALL NOT BE LIABLE FOR ANY SERVER DOWNTIME OR LOST TRANSMISSIONS. ADDITIONALLY, Eric Frisbee Photography SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR DETERIORATION OF IMAGES ON Eric Frisbee Photography'S SYSTEM, OR FOR ANY SYSTEM FAILURES RESULTING FROM INTERACTING WITH Eric Frisbee Photography.
IMAGES: Eric Frisbee Photography MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, REGARDING OR RELATING TO ANY LICENSED IMAGE. Eric Frisbee Photography SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY LICENSED IMAGE, AND WITH RESPECT TO THEIR USE. ACCORDINGLY, USER ACCEPTS THE LICENSED MATERIALS "AS IS."
NO LIABILITY FOR LOST PROFITS OR DAMAGES: IN NO EVENT SHALL Eric Frisbee Photography BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES ARISING OUT OF THE DOWNLOADING, USE, DISPLAY, REPRODUCTION OR DISTRIBUTION OF ANY IMAGE. USER AGREES THAT IN NO EVENT SHALL Eric Frisbee Photography'S LIABILITY EXCEED THE TOTAL FEES PAID HEREUNDER.

9. User's Indemnification

User agrees to hold Eric Frisbee Photography harmless from, and to indemnify Eric Frisbee Photography against, any and all losses, liability, damages and expenses, including reasonable attorneys fees, which Eric Frisbee Photography may incur or be obligated to pay, or for which Eric Frisbee Photography may be liable or compelled to pay as a result of or in any action, claim or proceeding against Eric Frisbee Photography arising out of the downloading, use, display, reproduction or distribution of any Image.

10. Termination

User's license to use, reproduce or distribute an Image, shall immediately terminate:

upon User's breach of any of the terms and conditions of this Agreement, including the making of a Non-Permitted Use; or
Upon the expiration of the one year period commencing on the date on which User first downloads the Image from Eric Frisbee Photography. The duration of one-year is assumed unless explicitly specified by the license.

Upon termination of User's license to use, display, reproduce or distribute an Image, and unless the User has affirmatively renewed the license, the User shall:

have no further right to use, display, reproduce or distribute the Image;
immediately cease the display, distribution, and reproduction of the Image and any material that contains the Image;
immediately destroy any and all material that contains or displays the Image.

11. License Cancellation Fee

If User requests in writing to cancel this Agreement regarding the licensing of Licensed Material from Eric Frisbee Photography within thirty (30) days of the date of delivery or download of the Licensed Images, Eric Frisbee Photography may cancel this Agreement and issue a credit to Licensee's account or credit card which unless otherwise agreed in writing is equal to eighty percent (80%) of the Reproduction or license fee.

12. Third Party Releases

An Image is deemed to have a model release only if the existence of such release is specified in the caption information for the respective Image on the Website.
An Image is deemed to have a property release only if the existence of such release is specified in the caption information for the respective Image on the Website.

13. Injunctive Relief

User recognizes and acknowledges that the use, display, reproduction or distribution of any Image in a manner inconsistent with the provisions of this Agreement will cause Eric Frisbee Photography irreparable harm. Accordingly, in the event of User's actual or threatened breach of this Agreement, User agrees that Eric Frisbee Photography shall have no adequate remedy at law and shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

14. Entire Agreement, Modifications and Waiver

This Agreement constitutes the entire agreement between the User and Eric Frisbee Photography, regarding any and all Images. The terms and conditions of this Agreement may not be modified by the User. Any failure by Eric Frisbee Photography to enforce any provision of this Agreement shall not constitute a waiver to the User of that provision or of any other provision in this Agreement.

15. No Transfer or Assignment of this Agreement

This Agreement and the license granted hereunder may not be sublicensed, transferred or assigned by User.

16. Choice of Law/Governing Law

These terms and conditions are governed by and shall be construed in accordance with the laws of Illinois. User consents to the personal jurisdiction of the state and federal courts of the State of California, and agrees that any and all suits or claims regarding or relating to this Agreement shall be brought only before the courts of the State of California, in Kern County.

17. Definitions

"Copyright Owner" means Eric Frisbee Photography is the owner of the copyright in any Image.
"Derivative Work" means a work or image, or graphic design based upon one or more Images.
"Editorial Purpose" means a newsworthy, non-promotional purpose such as those made in magazines, newspapers, books, calendars, or for certain other media where the publishing of credit lines is the norm.
"Image" means the digital images on the Eric Frisbee Photography web site that are available to be licensed by Users, whether they be transmitted as digital files, by CD-ROM, or any other manner.
"License Fees" means all monies required to be paid to Eric Frisbee Photography by User pursuant to the terms of this Agreement for the right to use, reproduce or distribute an Image to a User Agreement of an Image.
"Non-Permitted Use" means any use not specifically allowed under the terms and conditions of this Agreement.
"Permitted Use" means any use specifically allowed by the terms and conditions of this Agreement.
"User" means any person (whether an individual, corporation, or other) who purchases a license to use an Image from Eric Frisbee Photography pursuant to the term of this Agreement.
"Web Site Content" means all designs, icons, written and other materials located on the Eric Frisbee Photography website.