Captured Expressions Limited Use License
This Limited Use License (License) is the legal agreement between you (Licensee) and Captured Expressions Photography covering the digital photographs Licensee has downloaded from our web sites, www.capturedexpressions.net, www.sportsprophotography.com, www.sportsprophotographer.com, www.capturedexpressionsphoto.com, www.baseballphotographer.com, www.fantasycampphotographer.com or received via e-mail, FTP, disk, acquired through third party, or the photographic prints License has purchased from us (Photographs). Licensee’s use of the Photographs constitutes Licensee’s acceptance of this License. Photographs may be freely viewed and downloaded for comp or layout purposes, but any further use without payment of the appropriate license fee is prohibited.
GRANT OF LICENSE
All the Photographs displayed on our web sites are “rights managed” photographs, and are copyrighted by Captured Expressions or the photographers we represent. None of the Photographs on our web site are in the public domain. All rights not specifically granted in this License are retained by Captured Expressions or the respective photographers. This License grants to Licensee non-transferable, non-exclusive rights to use, modify, edit, incorporate into other materials, and publish the Photographs in any media for any authorized use by Licensee or Licensee’s clients, within the use category and for the purpose as shown on your invoice, except as noted below. If the use changes to another use category or expands to additional use categories, License must immediately notify Captured Expressions and remit the additional license fees, if any. Acceptable purposes covered by this License are commercial, educational, editorial, and personal, except as noted below. No refunds will be given in the event License ceases to use or changes the use category. This License constitutes the entire agreement between Licensee and Captured Expressions, and may be modified from time to time by Captured Expressions. This License shall be valid for a period of five years from the date payment is received for the licensing fees. Upon expiration of the initial five year period, all use of the Photographs must cease or the renewal fee must be paid. Renewal fees are 50% of the original license fees and are due prior to the expiration of the initial five year period. Renewal periods are five years. The current version of our License may be seen on our web site at www.capturedexpressions.net/TOC.
Photographs covered by this License may depict recognizable private property, business names, copyrighted material, trademarks and logos (Protected Material). Commercial use of Photographs depicting Protected Material is prohibited without authorization from the owner of the Protected Material, except for fair use. It is the Licensee’s responsibility to obtain such authorization and/or determine fair use. Licensee may not offer Photographs for resale or redistribution, and Licensee may not use them for any defamatory or illegal purpose. All use of the Photographs must conform to all national and local applicable laws and regulations, including U.S. and international copyright laws.
Captured Expressions makes no warranties, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. Licensee agrees to indemnify and hold harmless Seattle Photographs and the photographers we represent from any and all claims, demands, losses, damages, liabilities, suits, costs, judgments, including attorney’s fees, whether direct, indirect, consequential or incidental, arising out of the use or the inability to use the Photographs. Licensee agrees the damages available under this License are limited to the amount of the License fees paid. Some states do not allow the exclusion of or the limitation of liability for incidental or consequential damages, so the above limitation may not apply. Licensee’s violation of any of the terms of this License shall result in the termination of this License without notice. Upon such termination, all use of the Photographs by Licensee and/or Licensee’s clients must cease. Any dispute regarding this License or use of the Photographs shall be resolved using binding arbitration in Macomb County, MIchigan, pursuant to the rules of the American Arbitration Association and the laws of the state of Michigan.
Please direct any questions regarding this License to:
Captured Expressions L.L.C.