1. Grant of License
This license grants the Client (“Licensee”) a single use, non-transferable, non-exclusive license to use the selected images. You may not sell, rent, lease, or sublicense the photos to any other companies or entities not mentioned in this license agreement.
Photographer or videographer (“Content Provider”) grants Licensee a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, “Media,”) subject to the following restrictions:
- This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed.
- Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
- There are no warranties, express or implied. The Media are provided ‘as is.’
- Neither Content Provider nor Hintze Brothers Photography will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
What you can do: Photographer or videographer (“Content Provider”) grants Licensee a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
- advertising, promotion, brochures, packaging
- as part of a commercial website for promotional purposes (maximum 800×600 pixels) use
- prints, posters, flyers, tearsheets for promotional purposes (not for resale)
- prints, posters, or other commercial display of Media
- magazines, books, newspapers, other printed publications
- video, broadcast, theatrical
What you may not do:
- Buyer may not resell, relicense, redistribute without express written permission from Content Provider.
- Use as a derivative work, and reselling or redistributing such derivative work is prohibited.
- Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
- Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download.
- Content Provider retains all rights, license, copyright, title and ownership of the Media.
- There is no warranty, express or implied, with the purchase of this digital image or video file. Neither Content Provider nor Hintze Brothers Photography will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer\’s use of the Media.
2. Permitted/Prohibited Uses
- The images may only be used according to the type of license purchased as defined in section 1 of these terms.
- The images may be backed up or archived as necessary to complete the above stated uses only.
- You may not place the photos in a downloadable format on the Internet, electronic bulletin board, or allow access to the photos via P2P file sharing networks or utilities.
- You may not use, or allow anyone to use, any of the photos to create pornographic, libelous, obscene, fraudulent, illegal, or defamatory material.
All photos are copyright M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography and are protected by United States Copyright Laws, International treaty provisions, and other applicable laws. No title, copyright, or intellectual property rights in the photos are transferred with this license. Full rights and copyright remain with M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography, without exception.
You agree to indemnify and hold M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography harmless against any and all claims or liabilities asserted against M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography, arising out of access to these photos or in any connection with the breach of any of the terms of this agreement.
A credit line should be included with each photo that reads “Photos: © Hintze Brothers Photography”. When possible a link to Hintze Brothers Photography at http://hintzephotoworks.com should also be included.
6. Limited Lifetime Warranty
M. Shane Hintze and/or Jeffery D. Hintze and/or and Hintze Brothers Photography warrant that the digital files and any transport media (such as compact discs, DVDs, etc) are free from defects in material. Any files or media that are found to be defective can be replaced with the same item or content. M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography make no other warranty either expressed or implied.
Neither M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography will be liable for any damages that may occur from the usage of the photos or the media.
The laws in force in the state of Virginia will govern this agreement. If any provision of this agreement is held to not be enforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. M. Shane Hintze and/or Jeffery D. Hintze and Hintze Brothers Photography reserve the right to amend this agreement at anytime.