Terms & Conditions

This is a legal agreement between you and BullsEye Images and its Member Agencies. Read this Agreement in its entirety before you continue to use this website or download any image. Continued use of this site or the downloading of any image binds you by the terms of this agreement. U.S. copyright law protects all photographs or illustrations displayed on this website. The rights to use the photographs or illustrations are owned by BullsEye Images and its Member Agencies and/or the photographers represented by BullsEye Images and its Member Agencies. It is illegal to copy or reproduce these images beyond the following "grant of rights."

Grant of Rights

BullsEye Images and its Member Agencies grant you a personal, non-assignable, non-transferable, non-exclusive right to copy the images you have selected onto your computer hard drive and to use the image on one computer and with one user at a time for the following: comprehensive layouts "comps", story boards or rough draft designs and in in-house presentations and mock ups for client presentation purposes. You are not granted any reproduction rights to use the images for any advertising, promotional, or editorial use or any other use whatsoever. You are prohibited from any other usage of the photographs or illustrations (including website applications) without prior written permission and payment of a licensing fee. You are not granted any derivative electronic or digital rights or any other rights whatsoever. Usage of the image beyond the rights granted above constitutes willful copyright infringement and is punishable to the fullest extent of the law. All rights not expressly granted above are reserved by BullsEye Images and its Member Agencies.

Restrictions on Use

You agree that you will not:

• Use any image or permit the use of any image that in any way violates a person's right of privacy or publicity;
• Use any image in any manner that may be considered defamatory, libelous, pornographic, and fraudulent, whether directly or in context or juxtaposition with specific subject matter or by altering it in any way;
• Infringe on any trade name, trademark or service mark or use any image for any unlawful purpose; or
• Place the image online in a down-loadable or ftp format.

Warranties

All information and digital files are provided "as is" with all faults and without warranty of any kind. BullsEye Images and its Member Agencies make no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither BullsEye Images nor its Member Agencies nor any of its photographers or employees or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, or other damages arising out of the use of, or the inability to use, the information or digital images.

Indemnity

You agree to indemnify and hold BullsEye Images and its Member Agencies and their photographers 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. If you use or publish an image prior to making payment, such utilization is deemed unauthorized and therefore BullsEye Images and its Member Agencies are relieved of any liability for any claim concerning such image use or publication.

Limitation of Liability

Under no circumstances will BullsEye Images and its Member Agencies or their photographers or employees be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or the inability to use the images or (b) the inability to obtain additional rights to the images including making additional copies) even if BullsEye Images and its Member Agencies has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the image, their representative and BullsEye Images and its Member Agencies shall be the fee paid for the image to BullsEye Images and its Member Agencies.

Arbitration

A material part of this agreement is the agreement to arbitrate any disputes. Any and all disputes relating to this agreement, with the exception of copyright, shall be settled by arbitration in New York City pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court having jurisdiction. The interpretation of this agreement shall be governed by the laws of the State of New York without reference to its choice of law principles. You agree that the arbitrators shall have full authority to award all costs of the arbitration including legal fees, plus legal interest on any award.

UCC

You agree that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agree to be bound by same.

Complete Agreement

The terms set forth in this agreement represent our entire agreement concerning your review and "comping" of images. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this agreement and no employee is authorized to waive it orally. In the event that we waive any specific part of this agreement, it does not mean we waive any other part. BullsEye Images and its Member Agencies reserve the right to change the terms of this agreement without notice If you are unsure about your rights or obligations under this agreement, or if you wish to use the images in a manner not permitted under this agreement, please contact an account executive at the BullsEye Images Member Agency which supplied the image(s) in question.

No portion of this publication may be reproduced in any form, electronic or otherwise, for any purpose other than personal use relating to the products and services being offered, without prior express written permission of the BullsEye Images Member Agency which supplied the image(s) in question.

Copyright Basics

Artwork, including photographs, drawings, paintings and illustrations are all "intellectual property" and in so being are protected by the U.S. Federal Copyright laws and the Berne Convention. These copyright laws were put in place to protect the interest of the artist. Without these protections it would be difficult for an artist to control the use of his/her work or to simply make a living. Permission MUST be obtained from the artist of the image or his/her agent before ANY use takes place. Failure to obtain this permission is a violation of the U.S. Federal Copyright laws and the Berne Convention. Since the copyright law, like any law, can be difficult to interpret for the general public several attempts have been made to make it easier to understand. One of those attempts "The Copyright Commandments" was put together by PACA - The Picture Archive Council of America - and are listed here for your convenience. Not knowing the law does not excuse you from responsibility for violation of the law. Please, know your responsibilities when it comes to intellectual property.

The Copyright Commandments:

• When it's created, it's copyrighted. Use the copyright notice.
• The photographer or his/her agent has the exclusive right to exploit the copyright in each image. That right endures from the moment the photograph is created until 75 years after the death of the photographer.
• Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.
• Any unauthorized use constitutes an infringement.
• Penalties for infringement are monetary and can be severe.
• Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.
• Exceeding the terms of a license constitutes an infringement. A new license is required prior to additional use.
• An artist's rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.
• Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.
• Reference use of a photograph or any part thereof requires the permission of the copyright holder.

Releases, Permissions and Sensitive Subjects

Unless we indicate that an image has a model or property release, no such release exists. BullsEye Images and its Member Agencies give no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. Advance written permission is required for use of images for sensitive subjects, including, but not limited to, contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, aids, cancer, other serious physical or mental ailments or the disparagement of a person or product. BullsEye Images and its Member Agencies reserve the right to not permit use of an image for any reason whatsoever.

PRIVACY STATEMENT:

BullsEye Images and its Member Agencies respect your right to privacy. Your privacy is important to us and we want you to feel comfortable visiting this site. We will use the information you submit to us when registering only to assist us in giving you the best possible customer service and photographic product. We will never share the information collected on this website with any other group or organization or commercial endeavor outside the BullsEye group of member agencies and we will maintain such information in accordance with the laws of the United States.

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