This is a legal agreement between you and Alaska Stock LLC in regards to Alaska Stock's "Alaskan Express royalty-free image(s)" in the "royalty-free" section of this web site and on any Alaskan Express royalty-free CD. Please read this agreement carefully before purchasing, downloading or using any Alaska Stock "royalty-free" image(s) from either this web site or from a purchased royalty free cd. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). When you pay for an Alaskan-Express Royalty-Free image(s) you do not own the image(s). We are not outright selling these image(s). You are purchasing a set of broad rights to use these image(s). By clicking agree, you agree to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase an image(s) from this site but instead click on the "cancel" button to decline this agreement and therefore not download any image(s).
1) COPYRIGHT. All Image(s) are copyrighted. Alaska Stock and the photographers who shot the image(s) own all rights to the image(s). All rights not specifically granted to you by this Agreement are reserved.
2) REPRODUCTION RIGHTS GRANTED. After you pay Alaska Stock for the use of the royalty-free image(s) Alaska Stock LLC grants to you, or your employer if you are licensing on behalf of your employer, or your client, a non-exclusive, non-sub licensable, non-transferable right to use the royalty-free image(s) for the following;
A: You may use the image(s) in any print or electronic advertising, editorial or corporate project. Projects such as; magazine and newspaper advertising, editorial books, catalogs, newsletters, brochures, reports, disposable packaging, book covers, textbooks, point of purchase, websites, broadcast media, personal use, comps, tests, and billboards on a worldwide basis in perpetuity.
B: You may back up, copy, or archive the image(s) as is necessary for your own personal use, and only as is necessary for that use. Any copy or archive you make must include the image(s)'s copyright information.
C: ) You may modify or alter the image(s) as is necessary for your use of it, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Alaska Stock. Such derivative work may be used only as permitted in accordance with these terms and conditions, and you hereby assign any and all copyrights with respect to such derivative work to Alaska Stock, which assignment the parties hereby agree is valid under the U.S. Copyright law. If requested by Alaska Stock, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
3) RIGHTS SPECIFICALLY NOT GRANTED TO YOU. You may not use any image(s) from the Alaskan Express royalty-free collection for any of the following;
A: You may NOT use the image(s) in a downloadable database where you are giving permission to others or implying to others that they may use, download or copy the image(s).
B: You may NOT use the image(s) in connection with any potentially sensitive issue including, but not limited to, sex, reproduction rights, physical or mental challenges, AIDS or substance abuse.
C: You may NOT use the image(s) to directly or indirectly imply an endorsement or affiliation with individuals, products or entities that have not expressly authorized such usage.
D: You may NOT use the image(s) in a way that may be considered defamatory, libelous, pornographic, obscene, immoral, fraudulent or to defame or disparage, directly or indirectly, any person, product or entity or any other unlawful use.
E: You may NOT sell, give or transfer the image(s) to a third party.
F: You may not use the image(s) in any way to compete with Alaska Stock or in any stock agency type endeavor.
4) OWNERSHIP. Ownership of the image(s) always remains with Alaska Stock and/or the photographer who made the image(s). Recipient does not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). Full credit and copyright information must remain with the image(s) file.
5) NON-TRANSFERABLE.
"Non-transferable," as used in section 2, means that the work you produce, incorporating the image(s), must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not re-sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) (except insofar as it has been incorporated by you into one of the permitted uses outlined in Section 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s).
6) INDEMNITY. You agree to hold Alaska Stock and the photographer harmless from all claims and/or any damages or liability of any kind arising from any reproduction or use of the image(s), including defamatory use. Alaska Stock gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.
7) WARRANTY.
ALASKA STOCK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ALASKA STOCK NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE IMAGE(S). ALASKA STOCK'S LIABILITY, IF ANY, IS LIMITED TO THE AMOUNT YOU PAID AS A LICENSE FEE. UNDER NO CIRCUMSTANCES WHATSOEVER WILL ALASKA STOCK BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE IMAGE(S) OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8) PAYMENT. Your use of the image(s) is predicated on the payment in full for the use of the image(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Alaska Stock may use all legal means to collect damages. Unless you pay by Credit Card, all invoices are payable net thirty (30) days. A finance charge of 1.5% per month will be applied on any balances unpaid after thirty (30) days.
9) CANCELLATION POLICY.
Once an image has been downloaded from our website or the seal broken on any Alaskan Express CD there are no refunds or cancellations. You authorize Alaska Stock to charge you for the selection of "Royalty Free" image(s) and accept the terms stated within this License Agreement upon ordering the image(s).
10)ADDITIONAL RIGHTS. Additional rights may be available. If you are unsure of your rights under this agreement, or if you wish to use an image(s) in a manner not permitted under this agreement, please contact Alaska Stock by telephone at 800-487-4285 or by FAX 258-7848
11)MISCELLANEOUS. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Anchorage, Alaska pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Alaska. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If Alaska Stock 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 recipient or user herein.
