Sunday, March 14th, 2010

Legal

HDR­Source Agree­ment and Licensing

You are required to fol­low the terms and con­di­tions of the HDR­Source License Agree­ment if you use the images or prod­ucts which or for sale here. Your use of these prod­ucts indi­cates your accep­tance of these terms and conditions.

I. Use of these images.
HDR­Source licenses to you the use of image files only as pro­vided below on a nonex­clu­sive and non-​​transferable basis upon pay­ment and receipt. All other rights to these files and any accom­pa­ny­ing mate­ri­als such as copy­right are retained by HDR­Source. The license is lim­ited to one sin­gle user or work­sta­tion and is non-​​transferable. Redis­tri­b­u­tion of these prod­ucts with­out pur­chas­ing addi­tional licenses for each usage vio­lates this Agreement.

II. Con­sent for Pur­chase.
You must be at least 18 years of age to pur­chase these prod­ucts and accept this Agree­ment. HDR­Source may require suf­fi­cient proof that any reg­is­trants are at least 18 years of age. Minors can access HDRSource.com only by hav­ing their par­ent or legal guardian reg­is­ter on their behalf. Through reg­is­tra­tion and pur­chase, the par­ent or legal guardian agrees to be bound per­son­ally by the terms and con­di­tions of this agreement.

III. Intel­lec­tual Prop­erty and Pri­vacy Laws.
You acknowl­edge that the con­tent avail­able through this web­site is the prop­erty of HDR­Source and is pro­tected by copy­right and intel­lec­tual prop­erty laws. You should assume that no con­sent from per­sons or own­ers of prop­erty depicted in these images or libraries has been given regard­ing the pub­li­ca­tion of these images and that prop­erty releases are not avail­able from HDR­Source or other providers. You assume sole respon­si­bil­ity to ensure that your usage of these images and libraries com­plies with intel­lec­tual prop­erty laws with respect to defama­tion, pri­vacy, and right to pub­lic­ity. When fea­si­ble, you agree to include the copy­right infor­ma­tion in this form: ?[Year] ? HDRSource.com.?

IV. Pro­hib­ited Usage.
You may not :

  1. Use an image in prod­ucts in which the image is a dom­i­nant fea­ture if the prod­uct is to be sub­se­quently sold or dis­trib­uted. Exam­ples include posters, post­cards, greet­ing cards, mugs, shirts, art prints, paint­ings, or cal­en­dars, etc.
  2. Use the image in soft­ware, gallery, or any sys­tem where the image file can be removed from the soft­ware or sys­tem or be shared among and dis­trib­uted to other users.
  3. Dis­play or post images in a gallery or library for­mat or size larger than 800 pix­els that makes it easy for peo­ple to copy, save, or oth­er­wise infringe the copy­right to an image.
  4. Use images in any way that vio­lates the rights of indi­vid­u­als such as defama­tion, intru­sion on pri­vacy, mis­ap­pro­pri­a­tion of like­ness, or depic­tion in a false light.
  5. Use images in any way that vio­lates civil and crim­i­nal laws such as those reg­u­lat­ing pornog­ra­phy, obscen­ity, fraud­u­lent schemes, etc.
  6. Resell or dis­trib­ute any image unless it is an inte­grated, insep­a­ra­ble part of a prod­uct and con­sti­tutes less than 50 per­cent of the over­all prod­uct area, page lay­out or design.
  7. Reverse engi­neer, decom­pile, or dis­as­sem­ble any part of a file or accom­pa­ny­ing materials.
  8. Use any part of an image in a trade­mark, ser­vice mark, logo, or part thereof.
  9. Remove any copy­right infor­ma­tion from any image or file.

V. Per­mit­ted Usage.
You may:

  1. Use images for gen­eral, edi­to­r­ial, prod­uct, and pro­mo­tional uses includ­ing but not lim­ited to: prod­ucts, soft­ware, ani­ma­tions, newslet­ters, adver­tise­ments, book cov­ers, pack­ag­ing, mar­ket­ing mate­r­ial, school assign­ments, pre­sen­ta­tions, and within films or videos, pro­vided that such usage com­plies with the other pro­vi­sions in this Agreement.
  2. Edit or alter images as nec­es­sary for your use, pro­vided that the sub­se­quent image oth­er­wise com­plies with this Agree­ment. The copy­rights in all pho­tos, art, images or other files obtained from HDR­Source and inte­grated into a deriv­a­tive work will remain with HDR­Source or the con­tent provider.
  3. In the course of pro­duc­tion, con­vey to third par­ties such as print­ers the back­grounds of which are inte­gral to your work project and with­out which the project could not be com­pleted. This does not include actual High Dynamic Range formats.
  4. Print or use the image for your per­sonal use in any size pro­vided that there is no sub­se­quent sale or trans­fer to other persons.

VI. Lim­i­ta­tion of Lia­bil­ity.
By pur­chas­ing and down­load­ing the con­tents from HDR­Souce, you indi­cate that you under­stand and assume full lia­bil­ity for your use of these image(s) and agree to hold HDR­Source harm­less should any lia­bil­ity arise.

VII. Resale and/​or Sub­li­cens­ing.
You may not resell, dis­trib­ute, or sub­li­cense these files or the rights to use the files to any­one with respect to the HDR­Source agreement.

VIII. Dis­claimer.
All images and files dis­trib­uted by HDR­Source are pro­vided on an ?as is? basis with­out con­di­tions or war­ranties of any kind. Under no cir­cum­stances, shall HDR­Source be liable to you or any third-​​party for any indi­rect spe­cial or puni­tive dam­ages, includ­ing but not lim­ited to lost prof­its and busi­ness interruption.

IX. Arbi­tra­tion.
You agree to arbi­trate any dis­putes in con­nec­tion with this Agree­ment in Boston, Massachusetts.

X. Juris­dic­tion and Legal Fees.
You agree that HDR­Source shall be awarded all costs of bring­ing a claim, includ­ing rea­son­able attor­ney fees and the ordi­nary costs and expenses incurred in resolv­ing a dis­pute. You agree that all claims shall be brought in the state of Massachusetts.

XI. Agree­ment.
You acknowl­edge that by pur­chas­ing the HDR­Souce images and libraries, you have read and under­stood this agree­ment and agree to be bound by its terms and conditions.

For any addi­tional ques­tions or con­cerns regard­ing the scope of these terms, please con­tact us at:
support@hdrsource.com