TERMS AND CONDITIONS


This website, www.greggirard.com (the Website), is owned and operated by GREG GIRARD. This agreement is between you and GREG GIRARD. If you are using this Website on your employer’s behalf or in the scope of your employment, this agreement is between you, your employer and GREG GIRARD. By accepting this Agreement, you do so as an agent of your employer and certify that you have the authority to accept this agreement. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO ACCESSING THE SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE. You must be at least 18 years old to accept this Agreement, use or access this site or to license any image on this Website. 1. Changes to This Agreement: GREG GIRARD reserves the right, at his sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in this Agreement will be posted on the fritzhoffmann.com Website on the “Terms and Conditions” page. Account holders will also be notified of changes to this Agreement at the email address provided to us. 2. Revocation of Authorization to Access Site: GREG GIRARD reserves the right to revoke your authorization to access this Website or restrict your access at any time without notice. 3. Intellectual Property Rights: This site and all content and material appearing on the site, including but not limited to images, photographs, text, graphics, trademarks and service marks (“Content”) are owned by GREG GIRARD. All intellectual property rights, including but not limited to copyright, trademark and service mark rights, trade dress and moral rights are owned by GREG GIRARD. None of the photographic images and text on the Website are in the Public Domain. 4. Prohibited Activities: Except as expressly permitted by this Agreement or a written License Agreement with GREG GIRARD, no portion of the Website or its Content may be copied, retransmitted, stored, published, reproduced or altered by any means, including but not limited to digitization or synthesizing of any images or other Content by any means now known or hereinafter created. No portion of the Website or its Content be downloaded expect by normal viewing process of the browser. No image or other Content may be modified to altered or remove any watermark, copyright notice, title or caption. 5. Infringement: GREG GIRARD actively protects his copyright interests. In the event that an infringement is discovered you will be notified and invoiced the industry-standard double-fee for unauthorized usage and/or prosecuted for Copyright Infringement in US Federal Court where you will be subject to statutory damages as well as all court costs and attorneys’ fees. 6. Image Access, Searching and Downloading: The Website contains photographic images bearing a visible and electronic watermarks as well as images with no visible watermark. GREG GIRARD online image archive may only be searched and viewed upon registration for a Client Account and activation of the Client Account by GREG GIRARD or his office. a. Watermarked Images: You may download watermarked images solely for the purpose of evaluating whether to purchase a license to use the non-watermarked image. In evaluating whether to purchase a license, for up to sixty (60) days from the date of download, you are permitted to use the Watermarked Image in your internal “comps” and layouts. No other use is permitted, including but not limited to use in any final materials distributed internally or in any materials distributed to the public, online or in another electronic distribution system. You may not modify, alter or remove any visible or electronic watermark, nor disassemble or decompile the image. b. Non-Watermarked Images: Client Account holders may search and access non-watermarked images solely for the purpose of evaluating whether to purchase a license to use the image. Your access to the non-watermarked image does not permit any use unless you purchase a license to use the image. 7. Client Accounts: In order to access non-watermarked images, you may apply for a Client Account and you agree to furnish true and accurate information. GREG GIRARD reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Website and your account only by using the account number and password supplied to you by GREG GIRARD or his office. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify GREG GIRARD or his office of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify GREG GIRARD or his office of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any greggirard.com Client Account or other Website or related services. 8. Model Releases: No model releases exist for the photographic Images and other Content available on greggirard.com unless specifically acknowledged in writing by Agent. You are solely responsible for determining whether your use of the Image or other content requires the consent of any third party or the licensing of additional rights. 9. Changes to the Website: GREG GIRARD may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, image, database or other Content. 10. Indemnification: You hereby agree to indemnify, defend and hold GREG GIRARD, and all his officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including reasonable attorneys fees and costs, incurred by the Indemnified Parties in connection with any claim arising out a breach of this Agreement or the foregoing representations, warranties and covenants or your use of the Website or any Image available on the Website or supplied from GREG GIRARD. GREG GIRARD reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without his written consent. 11. Links: The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. 12. DISCLAIMER OF WARRANTIES: THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GREG GIRARD.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, CONTENT OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT SHALL THE LIABILITY OF GREG GIRARD.COM FOR YOUR USE OF ANY IMAGE PROVIDED EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR USE OF THE IMAGE, OR $500. 13. GOVERNING LAW AND VENUE: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON.
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