Use of Images

Client’s use of images taken by Danielphoto.com shall be limited to those terms agreed to in the terms of purchase. They may not be used for profit, commercial use, except for that for which the original purchase was made, without the prior written consent of Danielphoto.com on terms agreed to in writing between Danielphoto.com and client. Client shall obtain prints, other hard copies, or digital images or media according to terms of purchase, and shall not sell said prints, other hard copies, or digital images or media, or authorize any reproduction thereof by parties other than Danielphoto.com. Other than as agreed to in the terms of purchase, it is illegal to copy, scan, or otherwise reproduce photographs or digital images taken by Danielphoto.com without prior written permission.

Stock photography usage is governed by Danielphoto.com’s Rights Managed Image and Film License Agreement.

License Agreement

Danielphoto.com’s Rights Managed Image and Film License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND DANIELPHOTO.COM. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (“THE AGREEMENT”).

1. Definitions. In this Agreement the following definitions apply:

1.1 “Invoice” or “receipt” means the computer-generated or pre-printed invoice or receipt provided by Danielphoto.com or an authorized distributor that may include, without limitation, the permitted scope of use of the Licensed Material selected, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Licensed Material. The Invoice or Receipt shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice or Receipt.

1.2 “Licensed Material” means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Danielphoto.com under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

1.3 “Reproduction” and “Reproduce” mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, and the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.

2. Grant of Rights & Restrictions.
2.1 All licenses of rights-managed products are subject to danielphoto.com’s Rights-Managed License Agreement. Unless stated otherwise in the Invoice or Receipt, Danielphoto.com grants to Licensee a non-exclusive, non-sublicensable and non-assignable right to Reproduce the Licensed Material identified in the Invoice or Receipt, for a single use. This right may be exercised by subcontractors of Licensee, provided that such subcontractors agree to abide by the terms of this Agreement.

2.2 The fee for using the product is calculated by circulation. Licensee must specify the circulation, or annual web page hits. If the image appears in a newspaper or magazine, this should be the circulation of one edition of the periodical multiplied by the number of editions it will appear in. When you want to license print advertising uses for placement in multiple publications, you should add the product of each placement’s circulation value by the number of insertions. For example, an ad that will appear three times in a publication with a circulation of 50,000 and four times in a publication with a circulation of 25,000 will have a ‘Total circulation x insertions’ value of 250,000 [(3 x 50,000) + (4 x 25,000) = 250,000]. Danielphoto.com reserves the right to charge for discrepancies between Licensee’s claimed circulation or web page hits and their actual circulation or web page hits, including an additional fee equal to fifty percent (50%) of the discrepancy.

2.3 Licensee may purchase exclusivity. Rights-managed licenses do not automatically include exclusivity; this right has to be purchased. Danielphoto.com will make commercially reasonable efforts to avoid re-licensing the same item in the same territory and during the same timeframe. Please contact danielphoto.com to purchase exclusivity.

2.4 If any Licensed Material featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.

2.5 While efforts have been made to correctly caption the subject matter of the Licensed Material, Danielphoto.com does not warrant that such information is accurate.

2.6 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited whether directly or in context or juxtaposition with specific subject matter.

2.7 Licensed Material shall not be incorporated into a logo, trademark or service mark.

2.8 Licensed Material shall not be used contrary to any restriction on use that is notified to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included in the information provided with the Licensed Material on Danielphoto.com website or in any other communication by Danielphoto.com. Any such restriction provided to the Licensee shall be incorporated in this Agreement. Use of images is limited to stock usage only. Licensee shall not make hard copies for any other purpose, including but not limited to photographic prints or media for sale or exhibition.

2.9 Image approximate specifications- inquire as to exact specifications for each image: TIFF format, RGB, 300 dpi resolution, 6.67 inches x 10 inches to 8 inches x12 inches, approximately 35 mb (varies with image). Jpg’s are highest-quality jpg conversions from RAW files. Some images were captured originally as jpg files. RAW files are the originals.

2.10 Upon reasonable notice, Danielphoto.com may inspect any records, accounts and books relating to the Reproduction of any of the Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.

3. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Danielphoto.com grants Licensee no right or license, express or implied, to the Licensed Material.

4. Releases.
4. 1 Except as specifically notified by Danielphoto.com to Licensee, Danielphoto.com does not provide any model or property releases with respect to the Licensed Material and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material. Where Licensed Material is unreleased, Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of such Licensed Material. Licensee acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. Danielphoto.com makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Material pursuant to the requirements of any applicable trade union and Licensee shall be solely responsible for any such additional fees or payments to such trade union.

4. 2 By purchasing an image or the licensing of an image of yourself or a minor of whom you are the parent or legal guardian, Licensee is agreeing to the Model Release and Consent Agreement. Licensee irrevocably and absolutely consents to the unrestricted use by Daniel Gohstand and Danielphoto.com (“Photographer”) and its/his successors, assigns, and designees, and those acting with Photographer’s permission and authority, of your name and any and all photographic or other images (“Images”) of Licensee that Photographer creates or makes, for all purposes, in any form, and in any and all media, including, without limitation, advertising, solicitation, or trade. Licensee waives any right to inspect or approve the finished Images, advertising copy, text, or other printed matter that may be used in conjunction therewith, or to the eventual use that the Images may be applied. Licensee releases and discharges Photographer and those acting under Photographer’s authority from any and all liabilities, claims and demands arising out of or relating to any blurring, distortion, or alteration whether intentional or otherwise, that may occur or be produced in connection with the Images, or in connection with any processing, alteration, transmission, display, publication or other use of the Images.

5. Warranty and Limitation of Liability.
5.1 Danielphoto.com warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) the Licensed Material will be free from defects in material and workmanship for 30 days from delivery (Licensee’s sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and (iii) subject to Section 4 above (Releases), Licensee’s use of the Licensed Material in its original form, and when used in accordance with this Agreement and the Invoice, will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity.

5.2 DANIELPHOTO.COM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DANIELPHOTO.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE’S USE OF THE LICENSED MATERIAL OR OTHERWISE, EVEN IF DANIELPHOTO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. DANIELPHOTO.COM MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF OR INABILITY TO USE THE LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 10 TIMES THE VALUE PAID BY THE LICENSEE FOR THE LICENSED MATERIAL.

5.3 THE REPRESENTATIONS AND WARRANTIES MADE BY DANIELPHOTO.COM IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIAL AS DELIVERED BY DANIELPHOTO.COM AND WILL BE INVALID IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

6. Indemnification.
6.1 Provided Licensed Material is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement, Danielphoto.com shall defend, indemnify and hold Licensee harmless from all damages (except punitive damages), liabilities and expenses (including reasonable attorneys’ fees and permitted and authorized costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that Danielphoto.com is in breach of its warranties given in section 5 above.

THE FOREGOING STATES DANIELPHOTO.COM ENTIRE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED OR ACTUAL BREACH OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5 ABOVE.

6.2 Where model or property releases for Licensed Material have not been obtained by Danielphoto.com, or if Licensee’s use of the Licensed Material is not authorized by this Agreement, Licensee shall defend, indemnify and hold Danielphoto.com and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding relating to the use of such Licensed Material by Licensee, to the extent that such claim relates to the absence of a release or the Licensee’s unauthorized use of the Licensed Material.

7. Notice of Defense. The party seeking indemnification pursuant to section 6 shall promptly notify the other party of such claim. At indemnifying party’s option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense thereof. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.

8. Parties’ Obligation. Upon notice from Danielphoto.com, or upon Licensee’s knowledge that any Licensed Material is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Danielphoto.com may be liable herein, or if Danielphoto.com withdraws any Licensed Material for any good reason, Licensee will physically remove the Licensed Material from its premises, computer systems and storage (electronic or physical) and, if possible, cease any future use at its own expense. Danielphoto.com shall provide Licensee with comparable Licensed Material (which comparability will be determined by Danielphoto.com in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

9. Electronic Storage. For all Licensed Material that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of Danielphoto.com and the image number or other identification number associated with the Licensed Material as may be included as part of the electronic file. Licensee may not make additional high-resolution copies of the Licensed Material and Licensee will maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material. Notwithstanding the foregoing, Licensee may make one (1) high-resolution backup copy of the Licensed Material for security reasons only. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.

10. License Refunds or Cancellations. All sales are final. No cancellations are allowed. There are no refunds.

11. Interest or Cancellation on Overdue Invoices. If Licensee fails to pay a Danielphoto.com invoice in full within the time specified in the invoice, Danielphoto.com may add a service charge of one-and-one-half percent (11/2 %) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received. Danielphoto.com also reserves the right, in its sole discretion, to revoke the license if payment is not made in full on time.

12. Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to section 5.1.(ii) above, Danielphoto.com shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.

13. Credit Lines for Editorial Use.
13. 1 If any Licensed Material is Reproduced in an editorial manner, the credit line, “Daniel Gohstand, danielphoto.com”, must appear adjacent to the Licensed Material. If any Licensed Material Reproduced by Licensee for editorial purposes omits the requisite credit line, an additional fee equal to twenty-five percent (25%) of the original amount invoiced shall be payable by Licensee. The foregoing fee shall be in addition to any other rights or remedies that Danielphoto.com may have at law or in equity.

13.2 Film: Where technically feasible, a screen credit must be provided for any film or video footage used in a feature film, broadcast television or cable production that will be equal in size and placement to like footage in the media, and must read: “Daniel Gohstand, danielphoto.com”.

14. Miscellaneous Terms.
14.1 Unauthorized Use. Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Danielphoto.com to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Danielphoto.com other remedies under this Agreement, Danielphoto.com reserves the right to charge and Licensee agrees to pay a fee equal to five times Danielphoto.com normal license fee for use of the Licensed Material.

14.2 Governing Law. This Agreement will be governed in all respects by the laws of the State of California, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in San Francisco, California, U.S.A. If Danielphoto.com and Licensee are unable to agree on the location of the arbitration, Danielphoto.com decision shall be final. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, Danielphoto.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Danielphoto.com, such action is necessary or desirable. If such action is sought by danielphoto.com, Licensee agrees to reimburse Danielphoto.com for its legal fees, costs and disbursements if Danielphoto.com is successful.

14.3 Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

14.4 Waiver. No action of Danielphoto.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Danielphoto.com in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Danielphoto.com of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

14.5 Entire Agreement. This Agreement, including the Invoice, contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.

Disclaimers

DANIELPHOTO.COM is not responsible for any of the Articles, Comments, Reviews, or User Names, as the poster of the particular Article, Comment, Review, or User Name on DANIELPHOTO.COM assumes full responsibility.

DANIELPHOTO.COM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed on this site. DANIELPHOTO.COM disclaims any responsibility for any harm resulting from downloading or accessing any information or material on DANIELPHOTO.COM.

DANIELPHOTO.COM contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by DANIELPHOTO.COM. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our own privacy policy.

All materials, information, products & services included on DANIELPHOTO.COM are provided “AS IS”, with no warranties whatsoever. DANIELPHOTO.COM expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties. DANIELPHOTO.COM disclaims any warranties for services or goods received through or advertised on DANIELPHOTO.COM.

All Logo’s and Images are property of thier respectful owner. All HTML and Databases on DANIELPHOTO.COM are © Copyright 2005 DANIELPHOTO.COM.

Patent Pending and Trademarked: ImageSails™.
Trademarked: The Art of Sailing™, Art of Sailing™, The Fine Art of Sailing™, Image Really Is Everything™, Let Your Image Sail™, Let Your Imagination Sail™, Raise Your Standards™, Documentary Weddings™, Naturally Beautiful™, Preserving Beauty in a Moment™, TravelArt™.

ImageSails™ Patent Pending

ImageSails™ are proudly custom made in the USA, from the finest materials, by elite Sailmakers.

ImageSails™ are the most visually striking, cost-effective, and durable printed sails available that do not greatly compromise the sail’s performance.

ImageSails™are printed with photographic and art images utilizing a proprietary, Patent Pending, process of printing and construction.

All sails are backed by warrantees on both the materials and the workmanship of the finished sails; still, the rigors of the sea will require that you build periodic sail replacement into your seafaring budget. No image in such an environment is permanent.

ImageSails™ are sails or the wind collecting apparatus used on any type of vessel, including but not limited to sailboats, kitesurfers, windsurfers/sailboards, parachutes and canopies, hang gliders, etc.
On sailboats, any type of sail may be used, encompassing both mainsails and headsails, including but not limited to, mainsails, staysails, jibs, genoas, spinnakers, gennakers, and storm sails.

If you supply an image or photograph, you are taking full responsibility for owning the rights to its use. Neither ImageSails™, Daniel Gohstand, Daniel Gohstand Photography, DANIELPHOTO.COM, nor their suppliers nor subsidiaries, will be responsible legally or otherwise for images provided without the written consent of the image or photograph’s owner. The quality of the final output is directly related to the quality of the original.

“Exclusive use” of Daniel Gohstand’s images for license for use with ImageSails™ must be negotiated with ImageSails™.
“Exclusive use” of Daniel Gohstand’s images nonetheless permits Daniel Gohstand, Daniel Gohstand Photography, DANIELPHOTO.COM, and ImageSails™ to use the image as desired for their personal or business use, promotional or otherwise, without limitation.
Daniel Gohstand’s images licensed for use with ImageSails™ retain all Daniel Gohstand’s copyrights. All rights are reserved by Daniel Gohstand. The image or its likeness may not be used for any purpose or resold without the express written consent of Daniel Gohstand.

Privacy Statement

We respect and are committed to protecting your privacy. This Privacy Policy lets you know how your personal information is processed and used at DANIELPHOTO.COM. We take extraordinary steps to use your personal information only in ways that are compatible with this Privacy Policy.

Information Collection
DANIELPHOTO.COM is the sole owner of the information collected from our website. We do not sell, share, or rent this information.

Cookies
A cookie is a piece of data stored on the visitor’s hard drive containing information about the visitor. Advertisers connected to DANIELPHOTO.COM at times require cookies to tract statistics about products and locations, but at no time are these linked to any personal identification. At this time, DANIELPHOTO.COM uses cookies only for login convenience.

Log Files
DANIELPHOTO.COM keeps log files on broad fields to analyze trends, track user movements, and gather data for demographic locations. This is not attached in anyway to visitor’s personal identification.

Sharing
DANIELPHOTO.COM DANIELPHOTO.COM never shares information with advertisers, merchants, or any other third party.

Links
Links to other sites outside of DANIELPHOTO.COM do not apply to this privacy statement. We are not responsible for privacy policies of other websites linked to DANIELPHOTO.COM. Please read the privacy statement of each website linked to DANIELPHOTO.COM for information and data use for visitor’s personal identification. Our privacy statement applies solely to DANIELPHOTO.COM.

Contests
At any particular time, DANIELPHOTO.COM will conduct contests for our visitor’s. Visitor participation for these contests is voluntary, and in no way requires the visitor to give out personal information when choosing not to enter in the contest. Collected information may include contact information and demographic information, such as name, e-mail, address, state, ect. This information will be used to notify the winners and award prizes.

Newsletter
After registering for a Membership, you are given the choice of subscribing to our Newsletter. You can either elect to subscribe or unsubscribe at any time. Information stored in our database is never shared with nor sold to any third party. Subscribers wishing to unsubscribe to our newsletter can uncheck the option in their account, using the ‘Your Information’ link.

Changes of Policy
Policies are subject to change without notice.

Terms of Use

1. Acceptance of Terms of Use and Amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Statement , which is incorporated into these Terms of Use by reference.

2. Our Service

Our web site and services provided to you on and through our web site on an AS IS basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site as required, agree to provide truthful information when requested, and be of legal age. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement .

5. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Model Release

By purchasing an image or the licensing of an image of yourself or a minor of whom you are the parent or legal guardian, Licensee is agreeing to the Model Release and Consent Agreement. Licensee irrevocably and absolutely consents to the unrestricted use by Daniel Gohstand and Danielphoto.com (“Photographer”) and its/his successors, assigns, and designees, and those acting with Photographer’s permission and authority, of your name and any and all photographic or other images (“Images”) of Licensee that Photographer creates or makes, for all purposes, in any form, and in any and all media, including, without limitation, advertising, solicitation, or trade. Licensee waives any right to inspect or approve the finished Images, advertising copy, text, or other printed matter that may be used in conjunction therewith, or to the eventual use that the Images may be applied. Licensee releases and discharges Photographer and those acting under Photographer’s authority from any and all liabilities, claims and demands arising out of or relating to any blurring, distortion, or alteration whether intentional or otherwise, that may occur or be produced in connection with the Images, or in connection with any processing, alteration, transmission, display, publication or other use of the Images.

7. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

8. Submission of Content on this Web Site

By providing any Content to our web site:
(a) You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

9. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

10. Indemnification

You agree to indemnify and hold harmless Daniel Gohstand, Daniel Gohstand Photography, and danielphoto.com, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

All services and transportation are utilized at client’s sole risk. Client is solely responsible for any damage, loss, injury, or death, and is solely liable for any repairs or replacements they necessitate. Client must carry his own insurance for items, injury, or death they wish covered. Client agrees to indemnify and hold harmless Daniel Gohstand, Daniel Gohstand Photography, and danielphoto.com from any and all loss, injury, or death.

11. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

13. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

14. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

15. Miscellaneous Information

(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be reli eved of any further obligation.