WILD WEST PHOTOS TERMS AND CONDITIONS OF USE
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WILD WEST PHOTOS INCORPORATED ("WILD WEST PHOTOS"). BY CLICKING THE "I ACCEPT" BUTTON, CONTINUING TO USE THIS SITE OR DOWNLOADING ANY IMAGE(S), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S).
OWNERSHIP OF THIS WEBSITE AND IMAGES
This website is owned and operated by Wild West Photos. All elements of the site, including the content and look and feel of the website, are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property. The copyrights to the images on this Wild West Photos site are owned by Wild West Photos and/or the individual photographers who created the images. The images on this site may only be used as set forth below under "Permitted Usage." It is illegal to copy or reproduce these images beyond the "Permitted Usage" without the prior written consent of Wild West Photos. It is illegal to use any portion of our images as material for another photograph, illustration or derivative work in any form.
Wild West Photos grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected onto your computer hard drive and to use the image(s) on one computer and with one user at a time only in the United States. The images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts ("Comp Use"). The images may not be used in any final materials distributed internally or to the public. All other rights are reserved to Wild West Photos. You must contact Wild West Photos (firstname.lastname@example.org or 406-595-7060) to obtain a license for additional use.
Upon payment of the appropriate fee, as determined by Wild West Photos, Wild West Photos grants you the nonexclusive right to use the images you have selected according to the licensing options you have selected on the checkout screen. No image(s) may be used without proper payment. The image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on the invoice, which will reflect the licensing options you have selected.
The terms specified on the invoice shall not be modified without the express written consent of Wild West Photos. Any deviation from the terms of the license we have granted you is a breach of this agreement and of U.S. copyright law and will result in immediate termination of your license.
Fees assessed for your use of the image(s) depend on the nature of the rights granted. You shall not undertake any expanded use of the image(s) beyond the license granted without the prior written approval of Wild West Photos and the payment of any additional license fees required by Wild West Photos for such expanded use. You agree to promptly notify Wild West Photos of any use of the image(s) beyond that permitted by your license.
RESTRICTIONS AS TO USE
The following uses are prohibited:
(1) use of an image beyond the terms of the license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights;
(2) creation of any derivative work based on an image unless permitted as indicated on the invoice;
(3) use of an image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter;
(4) use of an image in any way that violates a depicted person's right of privacy or publicity, or that infringes on any trade name, trademark or service mark;
(5) copying or publishing an image to a network or bulletin board or otherwise distributing or allowing any of the images to be distributed to or used by anyone other than the authorized user(s), without prior written consent from Wild West Photos;
(6) sublicensing, re-licensing, renting or leasing any of the images;
(7) using the images to promote a business that sells or license photographic images or that otherwise competes with Wild West Photos in any manner; and
(8) shipping, transferring or exporting any of the images to a foreign country or using an image in any manner that is prohibited by applicable export laws, restrictions or regulations.
All images used should bear a credit line as indicated by Wild West Photos.
Wild West Photos and its photographers make every effort to match as closely as possible the colors in an original photograph to the colors in the corresponding digital image, but Wild West Photos cannot guarantee that the colors in the image as viewed or printed by you will match the colors of the original or that those colors will not vary from monitor to monitor or from one output device to another.
Payment of an invoice is due upon receipt. Any claims for adjustment of the invoice amount must be presented to Wild West Photos in writing within ten (10) days after receipt of the invoice.
REFUND AND CANCELLATION POLICY
Once an image has been downloaded, there are no refunds or cancellations. You authorize Wild West Photos to charge you for the selection of image(s) and accept the terms and conditions of this End User License Agreement upon ordering the image(s).
You agree to indemnify and hold Wild West Photos, its officers, directors, employees an agents, as well as the photographer(s), harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising from your breach of this Agreement or the use of an image by you, with the exception of claims that an image as delivered by Wild West Photos to you (unmodified and not in combination with any other material) infringes the intellectual property rights of a third party.
WILD WEST PHOTOS GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGOS, COPYRIGHTABLE MATERIAL (WHETHER REGISTERED OR NOT), OR WORKS OF ART DEPICTED IN ANY IMAGE. WILD WEST PHOTOS PROVIDES CAPTION INFORMATION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. THE USER SHOULD NOT ASSUME THAT ANY MODEL RELEASES OR OTHER RELEASES EXIST FOR ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE(S) IS SPECIFIED IN WRITING BY WILD WEST PHOTOS.
DIGITAL FILES ARE PROVIDED "AS IS." WILD WEST PHOTOS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. WILD WEST PHOTOS MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WILD WEST PHOTOS OR THE OWNER OF THE COPYRIGHT IN ANY IMAGE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF WILD WEST PHOTOS AND THE COPYRIGHT OWNER EXCEED THE AMOUNT YOU PAID WILD WEST PHOTOS FOR THE USE OF THE IMAGES.
UNAUTHORIZED USE/RETROACTIVE LICENSE FEE
Because it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an image other than within the scope of permitted use set forth no your invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damages provision shall be void, and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs.
With the exception of copyright infringement claims, any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Bozeman, Montana pursuant to the Montana Uniform Arbitration Act. The arbitrator shall have the right to grant injunctive relief and the discretion to award fees and costs to the prevailing party. Any action to vacate, modify or enforce the arbitration award shall be brought in a state or federal court located in Montana and having proper venue. This agreement shall be governed by and construed in accordance with the laws of the state of Montana, without regard to its conflict of laws principles. All claims for copyright infringement shall be brought in the U.S. District Court for the District of Montana located in Billings, Montana.
You may not transfer or assign this agreement. In the event that any images are used by you in publications, you agree to provide Wild West Photos with two (2) free copies of such publication(s) immediately upon printing. This agreement constitutes the entire agreement between you and Wild West Photos concerning the subject matter hereof and supersedes any other agreements, representations or understandings between us. This agreement may not be modified or amended other than in a writing signed by you and Wild West Photos (or in an agreement to which both parties have expressed their assent, such as by clicking "I agree"). Should you issue a purchase order that contains terms and conditions, we expressly reject such terms and conditions in lieu of the terms and conditions set forth herein and on your invoice.