End User License Agreement

It is the intention of  Don Landwehrle Photography that these conditions shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.

The following is a license agreement between you (licensee) and Don Landwehrle Photography (copyright owner of image) and members of Symbiostock and you agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes.  By using this site for any purpose you agree to be bound by these terms and conditions.

 

Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than one hundred thousand (100,000) times. If licensing is required for more than a hundred thousand (100,000) times, then please purchase an additional license or contact Don Landwehrle Photography for an Extended License. Each additional license allows the additional use of one hundred thousand (100,000) times.

 

1. Definitions  

Symbiostock: Linked community of individual copyright holders making their images available through their own sites, with their own terms

Licensee, You , User : Downloader, person or entity licensing image

Me, Us,  I, We, Our, Artist :  Don Landwehrle Photography Copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.

Copyright:  Intellectual Property right owned by the photographer/designer/artist of photographs, pictures, drawings, designs, vectors,

Symbiote:  Site owner, Copyright holder, Member of Symbiostock community, Each Symbiote is responsible for their own images, site, Terms, Intellectual Property (IP) ,costs and payment terms.

Image:  Photograph, vector, illustration, drawing, painting, licensable item

 

2. Licence Terms

Standard

On receiving full payment for specific high resolution image(s) I grant the End User the following limited, non-exclusive, non-transferable worldwide license to use the image on a single use basis, after which an additional license purchase will be required:

Advertising and promotional material, flyers and brochures up to a limit of 100,000 copies.
Book, magazine, and other inside editorial content up to a print run of 100,000 copies.
Book and magazine covers require an additional license purchase.
Single fine art print.
Electronic media, website-maximum dimension of 800 pixels on the longest dimension.

This list is not exhaustive, see restrictions below or if you have any queries contact Don Landwehrle.

Print-on-demand websites are strictly prohibited. This restriction includes websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other sites that may not be listed.

Extended or Special Licenses

Extended licenses are required for re-print and sale on demand items such as calendars, mugs, clothing, greeting cards (online or print), multiple fine art prints and print runs over 100,001 items.  Contact Don Landwehrle for fees.  Restrictions below apply:

Licensing Exclusive Rights to the Image for a limited period, know as Rights Managed.

On receiving full payment (price to be agreed) for specific high resolution image(s) the copyright holder agrees to exclusively licence the rights of said image(s) and remove it from sale anywhere else it may appear, within 96 hours.  This image may have previously been licensed and be in use elsewhere, and there may be similar images shot at the same time which will remain available.
Restrictions as below will apply.

Editorial Images

Images marked as Editorial in the description will have no copyright or intellectual property releases and may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

3. Restrictions

The Licensee agrees that:

Images will have copyright credited whenever possible – this includes without exception web use,  all web use, book and editorial. Credit line should be in the following format with no alterations – “© Don Landwehrle Photography” and for web usage include a link to www.landwehrle.com whenever possible.

Images will not be used for sensitive topics without the Don Landwehrle’s prior written agreement. These include (but are not limited to):
Models with mental or physical health issues
Sexual orientation or sexually related
Substance abuse
Criminal offenses
Political endorsements
Subjects that could be considered offensive, demeaning or unflattering.
Images will be used for a maximum of two years when purchase of a further license will be required.
If you have any queries contact Don Landwehrle.

Image may not be used as trademark, service mark or logo unless copyright release is purchased.

Images will not be sub-licensed, assigned, transferred, given away, made available via online or other database including but not limited to Facebook, Flickr, Pinterest and similar sharing sites.
The exception to this is if you have licensed the image for a client (website, advertising, etc) when you must keep detailed records and make them available to Don Landwehrle if requested.  This is only likely to be required should an IP query arise.  You may use the licenced image for one client.  Should you wish to use the same image for another client you must licence it again.

Once you have completed payment for the license to use the Image, you are granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form.  In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must be less than 800 pixels on the longest side.

“Non-transferable” means that the work you produce using a licenced Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sub-license, or otherwise transfer to anyone the Image, or the right to use an Image, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image.

 

4. Intellectual Property, Liability and Indemnify Limitation

You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) a breach of this Agreement, (b) the use or modification of any Image or combination of any Image with any other material, (d) your failure to abide by any restriction regarding the use of an Image, or (e) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image.

By using this site you understand that you take responsibility and assume all risk without limitation and agree you have had the opportunity to seek legal advice before licensing and use.

Don Landwehrle Photography does not bear any responsibility for any shut-down of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not.

By using this site you agree to indemnify and hold Don Landwehrle Photography harmless from and against all claims, losses, damages, liability, costs, expenses incurred

Don Landwehrle Photography has done their best to ensure that there are no Intellectual Property infringements within their images available to licence and permission from recognisable model’s will have been obtained.  It is however the licensee’s responsibility to ensure that the image(s) they download are fit for the purpose to which you wish to put them.

 

5. Applicable Law

This site is owned, managed and controlled by Don Landwehrle Photography (http://www.landwehrle.com) located in Vermont, United States of America.  The site is available worldwide and as each country may have different laws and acts the Licensee agrees that these Terms of Use are governed by the laws of Vermont, United States of America.  The licensee also agrees that any disputes arising which may be deemed wholly or partially unenforceable and cannot be settled by voluntary negotiation will be dealt with by the Judicial process in Vermont, United States of America.