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Terms and Conditions back to top
Glasshouse Images
Terms & Conditions
The following is a legal agreement between the Licensee (you) and Glasshouse Images, Inc. Please read this Agreement carefully before using any image from this website. Using an image downloaded from the Glasshouse Images website means you agree to be bound by the terms of this Agreement.
Permissible Uses of Licensed Images
Images which are downloaded are restricted to the use for which they were licensed. No other rights will be granted unless specifically stated in the license. Your rights to use an image is based on the restrictions stated in the License Agreement, and are dependent upon your payment of the purchase price for the images before use.
Copyright of Images
The Images are copyrighted and all rights are owned by Glasshouse Images, Inc. and/or its contributing artists. The digital image files on this web site are copyrighted and protected by the intellectual property laws of the United States and the Berne Convention. Image use without prior payment is a copyright violation.
Restricted Usage
Use of the images in any pornographic or defamatory manner is strictly prohibited, and may result in legal action by Glasshouse Images, Inc. and/or affected parties (see section titled Model Releases) . Glasshouse Images, Inc. gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any image(s), and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for reproduction are secured (see Model Release)
Licensee cannot use Glasshouse images to create products for sale in which the primary value of the product the image. This includes but is not limited to postcards, greeting cards, posters, mousepads, premium items and T-shirts.
Rights to an image are "non-transferable," meaning that the work you produce using an Image must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense or in anyway transfer to anyone either the image, or the right to use it except as described under "Permissible Uses". You may not grant any third party the right to use or duplicate an image. You agree to take all reasonable steps to prevent third parties from duplicating or distributing Glasshouse images. You may not post any Glasshouse image or images on any electronic bulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 72dpi.
Model Releases
Unless expressly specified, no valid model or other release exists for any image. Delivery of an existing release (upon request) does not warrant validity of such release. Absent such express warranty, in writing, licensee agrees to indemnify and hold harmless GHI against any and all claims arising out of licensees usage.
Sensitive Issues
If you wish to use one of our photographs in connection with a sensitive or controversial subject such as, but not limited to: alcohol, substance abuse, domestic abuse, contraception, tobacco, sexual subjects, AIDS, or serious mental or physical illness, we require that you notify us in writing and obtain advance written permission for these uses. In most cases we will contact the model or person involved to obtain this permission. Glasshouse Images, Inc. reserves the right not to permit reproduction of any image(s) for any reason whatsoever.
Editorial Photo Credits and Copyright
Any editorial use of the image(s) must bear the credit line "Photographer's Name/Glasshouse Images"
Payment and Cancellation Policy
Payment is due within 30 days of receipt of invoice. To cancel invoice Licensee must notify GHI in writing within 30 days of receipt of invoice. If GHI is notified within 30 days Licensee will receive a 50% refund. If GHI is notified after 30 days Licensee will not be entitled to any refund
Indemnification and.Limits of Liability
Licensee shall indemnify Glasshouse Images, Inc. against any and all claims arising out of the use of an image which may be construed by a model as degrading or offensive, or which deal with controversial subjects for which the licensee has not obtained written permission. You agree to indemnify and hold Glasshouse Images, Inc. harmless against damages or liability of any kind arising from the use of an image other than the uses specifically permitted by this Agreement. Venue for any action respecting this Agreement, an image or attempted use of the image shall be New York, NY.
Arbitration
Any and all disputes relating to this Contract, with the exception of copyright, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in New York pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court having jurisdiction. The Laws of the State of New York shall govern the interpretation of this Agreement. You agree the arbitrators have full authority to award costs of the arbitration including legal fees, plus legal interest on any award.
Legal Costs And Jurisdiction
In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Glasshouse Images, Inc. for its reasonable legal fees and disbursements if Glasshouse Images, Inc. is successful in the suit.
No Waiver; Complete Agreement
The terms set forth in this policy represent our entire agreement concerning the delivery of any image(s) to you, your review and usage thereof. All prior understandings or representations, whether oral or written, based on "industry custom" or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both parties.
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