NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND APN Inc (hereafter “APN”). APN IS OWNED AND OPERATED BY APN. By using this website you agree to be bound by the terms of this agreement. APN reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.
Terms & Conditions of Use
OWNERSHIP OF THIS WEBSITE AND CONTENT
This website, APN is owned and operated by APN Inc. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.
DESCRIPTION OF THE WEBSITE
The APN Website provides a community where registered photographers can join the community and become a member and upon entering into the applicable APN Content Hosting Agreement, upload Images for viewing and licensing to buyers. Visitors to the site may view and search for Images, and use the Images permitted purposes once described in an Image License Agreement is entered in to and the appropriate license fee is paid. Member photographers, who elect to enter into the Image Hosting and Licensing Agreement, can upload Images to the Website enabling them to create and edit a public home page and a private home page and to track viewing and purchasing activity of their Images.
OTHER THAN TO BROWSE AND SEARCH IMAGES, YOU MAY NOT DOWNLOAD OR MAKE ANY OTHER USE OF ANY CONTENT ON THIS WEBSITE WITHOUT ENTERING INTO AN IMAGE LICENSE AGREEMENT.
GENERAL WEBSITE RESTRICTIONS
No Meta Searching
You may not take the results from a APN Image search and reformat and display them, or mirror the APN home page or results pages on your Web site. You may not send automated queries of any sort to APN’s system without express permission in advance from APN.
No minors
Services on the Web site are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Web site are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Web site and the Images.
LINKS TO THIRD PARTY SITES
The linked sites are not under APN’s control and it is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. APN is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that APN provide the links to you only as a convenience and it not endorse the linked sites or their use or contents.
INDEMNITY
Licensee agrees to indemnify and hold APN, and the copyright holder, 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.
GENERAL DISCLAIMERS
IMAGES ARE PROVIDED AS IS. APN MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, ACCURACY OF CAPTIONS OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. APN MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL APN OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND APN SHALL BE THE FEE PAID FOR THE IMAGE TO APN.
UNAUTHORIZED USE
Any use of an Image not expressly authorized by this Agreement may violate copyright, trademark, rights of publicity or privacy or other laws.
PRIVACY POLICY
When you visit this website, some information may be collected automatically as part of the site’s operation such as your IP and email address and navigational information. APN shall not use your personal information in any way other than in connection with the operation of the Website, and shall keep this information confidential unless required to do otherwise by operation of applicable law. APN does not sell or rent information about its customers to third parties.
About Cookies
When you visit this website, a text file called a cookie is placed in the browser directory of your computer’s hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing. It allows the web browser to recognize the pages you have been to when you are visiting the site, your use of light boxes and
allows you to quickly return to viewed pages. Cookies are not linked to you as an individual and cannot be used to track where you have been either before or after you visit Company’s site. Most browsers allow you to decline cookies, but if you elect to do so, certain pages and user features such as light boxes may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.
If you wish to download or use any Images, you must register with us and agree to an Image License Agreement which includes our policy about information collected if you register.
MISCELLANEOUS
Jurisdiction and Attorney’s Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws principles and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of California, and you agree to submit to the personal jurisdiction of such court and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum. If APN is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by Licensee.
No waiver
No action of APN, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of APN in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. 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.
Entire Agreement
This Agreement and the Invoice contains all the terms of the agreement between APN and Licensee. APN reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.