Weshootstock.com License

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S).

DOWNLOADING AND/OR USING ANY IMAGE(S) FROM WESHOOTSTOCK.COM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOU FURTHER AGREE THAT THEREUPON A BINDING AGREEMENT BETWEEN YOU AND WSS.COM SHALL ARISE.

WESHOOTSTOCK.COM reserves the right to alter any of the terms of this Agreement at any time, and your agreement to be bound by such changes will arise upon your continued downloading and/or use of any images from WESHOOTSTOCK.COM

If you do not agree to the following terms, do not download or use any Image(s).

1. LICENSE

Definitions:

"Comp Usage" is defined as the creation of a temporary “rough” or proof of a proposed work for client review, internal company review, or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use, and may not be sold or sub-licensed alone, or as part of any product.

"Image(s)" shall mean photographs or any other visual representation regardless of whether the Image(s) are obtained via downloaded or received directly from WESHOOTSTOCK.COM

"Storage device" shall mean CD-ROM, DVD, Hard Drive, or any other storage device or media now known, or hereafter created.

"User" shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that downloads receives, edits or manipulates images from All other rights not expressly granted to you are reserved solely for WESHOOTSTOCK.COM .

All Users shall only use the Images in accordance with the terms of this Agreement.

"You" shall mean a single: (i) individual, (ii) legal entity (corporation, company etc.), or (iii) agent acting on behalf of a single individual or legal entity.

Copyright:
The Image(s) are copyrighted and protected under law of the republic of Ireland and International law. The Image(s) shall remain the sole and exclusive property of WESHOOTSTOCK.COM , or it’s respective photographers.
Use of the Images is licensed, not sold, pursuant to the terms of this Agreement.

Comp Use:
WESHOOTSTOCK.COM grants you the non-exclusive and non-transferable right to use Image(s) for Comp Usage as defined in this agreement

Permitted Uses of Downloaded or Received Images.
You may:

Back up, and store, an Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice “copyright WESHOOTSTOCK.COM”.
Use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s). You expressly may not re-sell or re-distribute the images for this purpose.
Use the Image(s) on product packaging or in any items for personal use or resale, including books, consumer merchandise provided such use is not intended to allow the re-distribution or re-use of the Image(s). You expressly may not re-sell or re-distribute the images for this purpose.
Modify or alter the Image(s) as necessary for your use, provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of WESHOOTSTOCK.COM or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by WESHOOTSTOCK.COM , you agree to execute a written assignment of any such rights. including copyrights, at no cost to WESHOOTSTOCK.COM.
Use the Image(s) as decor in an office, lobby, public area, restaurant, or retail store for your own (the licensee) use only. You expressly may not re-sell or re-distribute the images for this purpose.
Use the Image(s) as design elements in video, film, or television broadcasts. You expressly may not re-sell or re-distribute the images for this purpose.

Prohibited Uses. You may NOT:

Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).
Copy or reproduce the Image(s), except as specifically provided for above.
Remove any copyright, trademark or watermark from any place where it appears on the Image(s)
Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, Doing so will be viewed as an attempt to distribute the Image(s) for the purposes of paragraph (I) above.
Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. WESHOOTSTOCK.COM or its licensors retain the full rights to the Image(s).
Use the Image(s) to engage in, either directly or indirectly, a similar or competing business.
Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, templates, Web site templates, software products, e-greetings, etc. Such usage is subject to additional licensing fees.
Use the Image(s), or resell for use, in mobile devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees.
Please contact WESHOOTSTOCK.COM for information on additional licensing fees.
Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene , fraudulent, illegal, or capable of being construed as inciting others to commit crime or other unlawful acts, as WESHOOTSTOCK.COM shall in its absolute discretion determine either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise. Without advance written consent from WESHOOTSTOCK.COM and any person(s) whose ijmage is depicted l in such Image(s), use Image(s) that include such person(s) as part of any sensitive subject matters, as WESHOOTSTOCK.COM shall in its absolute discretion determine . Sensitive subject use shall include but not be limited to both commercial and editorial uses. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.
Use the Image(s) beyond any limitations or restrictions noted on a WESHOOTSTOCK.COM Website.

Additional Terms WESHOOTSTOCK.COM reserves the right to

REFUSE PERMISSION FOR THE use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
WESHOOTSTOCK.COM requires the copyright notice "© Weshootstock.com” appear adjacent to the Image(s) or on a credit page.
WESHOOTSTOCK.COM reserves the right to replace Image(s) with an alternative Image without obligation to provide any explanation/reason for so doing. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing products or services.

PAYMENT TERMS
You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full.

TERMINATION
This Agreement is effective until it is terminated.

This Agreement will terminate automatically, without notice from WESHOOTSTOCK.COM , if you fail to comply with any provision of this Agreement.
Termination will be deemed to have taken place and any license granted under this Agreement revoked with respect to any Image(s) by destroying the said Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination will not relieve you of any of your payment obligations.

Upon termination of the license to use any Image(s) granted under this Agreement, you agree to (i) destroy all copies and archives of the Image(s), (ii) cease using the Image(s) for any purpose, and (iii) confirm to WESHOOTSTOCK.COM in writing that you have complied with these requirements.

WESHOOTSTOCK.COM may suspend or terminate your use of the site, without notice, if WESHOOTSTOCK.COM believes there is a violation of this Agreement, and or the Web Site User Agreement .

WARRANTY AND LIMITATION OF LIABILITY
WESHOOTSTOCK.COM represent and warrants that:

It has the right to enter into this Agreement and to grant the rights hereunder;
Upon termination of the license to use any Image(s) granted under this Agreement, you agree to (i) destroy all copies and archives of the Image(s), (ii) cease using the Image(s) for any purpose, and (iii) confirm to WESHOOTSTOCK.COM in writing that you have complied with these requirements. THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WESHOOTSTOCK.COM MAKES NO WARRANTIES FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES. INCLUDING YOUR USE OF THE IMAGE(S) IN ANY PRINTED OR ELECTRONIC MATERIAL.

WESHOOTSTOCK.COM GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY HIM/HER/ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED.

WESHOOTSTOCK.COM DOES NOT WARRANT THAT THE IMAGE(S),OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

WESHOOTSTOCK.COM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, AGGRAVATED, SPECIAL, DIRECT/INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS OR ANY OTHER ECONOMIC LOSS OR DAMAGE, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S).

You WARRANT that:

You are at least eighteen years of age and have the full right and authority to enter into this Agreement on YOUR OWN PART AND/OR THAT OF your company, employer or principal
You will not use the Image(s) in any way that is not permitted by this Agreement;
Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
The information that you provide to WESHOOTSTOCK.COM is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;
You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and
If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.

INDEMNIFICATION
You agree to indemnify and hold WESHOOTSTOCK.COM , its SERVANTS, AGENTS, affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with WESHOOTSTOCK.COM , harmless from, and against, any and all claims, liabilities, costs (INCLUDING (including legal COSTS AND OUTLAYS), damages, or expenses, arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement.

No employee of WESHOOTSTOCK.COM is authorised to make any oral alteration or waiver of any of these terms. In the event that WESHOOTSTOCK.COM waives any part of this Agreement, this shall not be construed as WESHOOTSTOCK.COM having waived any other part of this agreement.

JURISDICTION
This Agreement, its validity and effect, shall be solely governed by, the laws of the Republic of Ireland.

ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. WESHOOTSTOCK.COM reserves the right to assign or transfer the rights and obligations it possesses under this Agreement without restriction.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WESHOOTSTOCK.COM , WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND WESHOOTSTOCK.COM RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT).