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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. IF YOU ORDER/PURCHASE AN IMAGE USING THIS WEB SITE, THEN THE "TERMS AND CONDITIONS", INCLUDING THE "LICENSE AGREEMENT" WILL APPLY TO YOUR USAGE RIGHTS FOR THAT IMAGE.
You will be notified when images are available for order/purchase. After 30 days from such notice the images may no longer be available for order/purchase.
Via U! is not responsible for damage to any products sent to Via U! by you or an behalf of a user of this site.
Please read this Agreement carefully to determine what you may and may not do with the Content you are downloading or purchasing. Except as specifically granted in this Agreement, the ability to access Content from Via U! does not by itself grant usage rights to that Content. Downloading and/or using any Content from Via U! confirms your acceptance of this Agreement.
THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT (HEREINAFTER REFERRED TO AS THE "AGREEMENT") BETWEEN YOU THE USER (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" OR THE "LICENSEE") AND Via U!. THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND/OR PHYSICAL DELIVERY ON ELECTRONIC OR OTHER MEDIA. IMAGERY LICENSED VIA THE WEB MAY NOT BE RETURNED OR REFUNDED.
THE TERM "LICENSEE" INCLUDES THE INDIVIDUAL, COMPANY AND/OR ENTITY REGISTERED TO THE ACCOUNT THROUGH WHICH THE IMAGERY IS PURCHASED, OR THE CLIENT OR PRINCIPAL IF AN AGENT IS ACTING ON BEHALF OF THE CLIENT OR OTHER THIRD PARTY AND PROVIDED THAT AGENT AND CLIENT OR PRINCIPAL AGREE TO THE TERMS OF THIS AGREEMENT AND ARE JOINTLY AND SEVERALLY LIABLE TO VIA U! UNDER THE AGREEMENT. IF YOU ARE OBTAINING IMAGE RIGHTS OF USE ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND RIGHT TO BIND THAT COMPANY OR ENTITY TO THE TERMS OF THIS AGREEMENT.
LICENSEE agrees to furnish accurate information when registering with Via U!. LICENSEE is responsible for maintaining the confidentiality of LICENSEE's user name and password. LICENSEE agrees to take responsible steps to prevent others from obtaining LICENSEE's access information and to timely notify VIA U! of any unauthorized access or need to update or remove access for any of LICENSEE's employees or agents. LICENSEE will be liable for payment for all Imagery downloaded by others, with or without LICENSEE's permission or knowledge prior to the time that you notify VIA U! of any unauthorized use.
VIA U! reserves the right to decide, in its sole discretion, whether any product is suitable for imaging.
VIA U! reserves the right to alter or update these terms at any time prior to your acceptance hereto and you agree to be bound by such alterations or updates.
1. Licensed Imagery
Imagery means any still image, generated optically, electronically, digitally or by any other means. Licensed Imagery means any imagery for which a license has been purchased.
2. License and Ownership
If the Imagery has been purchased and downloaded through this site using a credit card or approved credit account, VIA U! grants you the exclusive right to use the Imagery for one year from purchase, with the sole exception that VIA U! is entitled to use the Imagery as promotional material for VIA U!. LICENSEE may not use the Imagery to promote the sale of imagery in competition with VIA U!. After one year, unless extended exclusive rights are purchased, LICENSEE retains only non-exclusive rights such that VIA U! reserves the right to sell the Imagery in the sole discretion of Via U!. Alternatively if extended exclusive rights are purchased, LICENSEE may retain exclusive rights beyond one year, with the exception that VIA U! still retains promotional usage rights.
VIA U! reserves the right to use the Imagery, whether purchased or not, in the VIA U! web site and in promotional materials. This right includes that Imagery for which LICENSEE has purchased extended exclusive rights beyond the first year.
All other rights to the Imagery, including without limitation, copyright and all other rights, are retained by VIA U!. All rights not specifically granted are retained by VIA U!
3. Copyright Infringement
VIA U! grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Imagery. LICENSEE must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
VIA U! reserves the right to monitor for copyright infringements.
4. Product Endorsement or Sensitive Use Disclaimer
If any Imagery featuring a product is used in a manner that would lead a reasonable person to believe that the product uses or the manufacturer of the product endorses a product or service, or if the depiction of the product is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Via U! is not responsible or liable. These requirements are without prejudice to the obligations of Via U! regarding use of the Imagery contained elsewhere throughout this Agreement.
5. Property Releases
Via U! grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Imagery. LICENSEE must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained. VIA U! recommends consulting legal council as to the need for releases for a specific use as there can be liability to LICENSEE even though a release has been obtained.
LICENSEE agrees to defend, indemnify and hold VIA U! and any parent, subsidiaries or affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including attorneys' fees and costs), arising out of or as a result of claims by third parties relating to LICENSEE's use of any Imagery under this Agreement or any breach by LICENSEE of this Agreement.
7. Warranties and Limitation of Liability
VIA U! is not responsible for damage to any products sent to VIA U! by LICENSEE. At VIA U!’s sole discretion, product(s) will be returned to LICENSEE. Via U! is not responsible to insure or for damage to products being shipped to or from VIA U!. VIA U! is not responsible for product shipping costs to VIA U!.
VIA U! represents that it has the right to grant the license herein and warrants the Imagery to be free from defects in material and workmanship for 10 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Imagery or refund of the purchase price, at VIA U!'S option.
VIA U! makes no warranties with regards to the accuracy of imagery metadata including but not limited to keywords and captions.
DIGITAL FILES ARE PROVIDED "AS IS." VIA U! MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. VIA U! MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
VIA U! SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGERY, OR OTHERWISE, EVEN IF VIA U! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. VIA U!'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGERY (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE PRICE PAID AT CHECKOUT FOR THE IMAGERY PURCHASED THROUGH THIS SITE.
LICENSEE may have additional rights under state law.
8. Payment Terms
No licenses are granted until full payment is received by Via U!. Payment must be received by Via U! prior to the publication or other use of any Licensed Imagery. Any disputes concerning payment must be submitted in writing, within 10 business days of the purchase date to (add proper e-mail address), or the LICENSEE shall be deemed to have accepted the purchase as issued. ALL SALES OF IMAGERY ARE FINAL AND NONREFUNDABLE.
In the event of a conflict between the terms of this Agreement and any purchase order or other communication from LICENSEE, the terms of this agreement shall prevail.
9. Copyright Infringement and Liquidated Damages
In the event that the LICENSEE utilizes any Imagery without or prior to the granting of a license, VIA U! reserves the right to seek damages through legal channels unless the LICENSEE agrees to reimburse VIA U!, as liquidated damages, a sum equal to five (5) times the market value price charged for such use of Imagery.
If the LICENSEE fails to make the payment as outlined above, within five (5) days of VIA U!'S invoicing such fee, this liquidated damage provision shall be void and VIA U! reserves the right to file suit for copyright infringement, including attorneys' fees and all associated costs.
The license contained in this Agreement will terminate automatically without notice from VIA U! if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must immediately (i.) stop using the Imagery , (ii.) destroy or, upon the request of VIA U!, return the Imagery to VIA U!, and (iii.) delete or remove the Imagery from LICENSEE'S premises, computer systems, back-ups, and storage (electronic or physical).
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
12. Choice of Law/Attorney's fees
This Agreement will be governed in all respects by the laws of the State of New York, without reference to its laws relating to conflicts of law. LICENSEE agrees that the Circuit or County Court of the State of New York are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. If VIA U! is obligated to go to court to enforce any of its rights, the LICENSEE agrees to reimburse VIA U! for its legal fees and disbursements if VIA U! is successful.
No action of VIA U!, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
14. Entire Contract
This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by LICENSEE, the terms of this Agreement shall govern.
15. Rights Surviving after Termination
The following provisions of this Agreement will remain in effect notwithstanding the termination of this Agreement for any cause: License and Ownership, Copyright Infringement, Product Endorsement or Sensitive Use Disclaimer, Property Releases, Indemnity, Warrantees and Limitations of Liability, Payment Terms, Termination, and Choice of Law/Attorney's fees.
This website is owned and operated by VIA U!. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.
Linked sites are not under VIA U!'S control and VIA U! is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
Via U! respects your privacy while using our web site. Your privacy is important to us and we want you to feel comfortable visiting this site. You will be asked to give us personal information when you register. It is your option to provide the information requested. If you give us personal information, that information will be maintained in accordance with the laws of the United States.
We do not sell, rent or lease our customer lists to third parties. We may use this information to contact you about services on our site for which you have expressed interest.
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terms and conditions
© 2015 Via U!. All Rights Reserved.
Terms and Conditions