All photographs are the property of CSBeck Art/Christina Beckerman (“the Seller”) and are copyrighted by law.
Purchase of photographs from this website constitute acceptance of the terms of this agreement.
Purchased photographs shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use all photography on the Seller’s website and for the Seller’s own marketing or advertising purposes. The Buyer shall only use purchased photographs in accordance with this Agreement. The Buyer shall use the photographs for personal, non-commercial use only, and subject to the restrictions on use set out in this agreement.
Personal, non-commercial use means the Buyer may display printed photographs in their personal homes, kennels and physical businesses and digital photographs on their personal computers and may print digital photographs for personal use. The Buyer may also display the photographs on their personal websites, so long as the photograph is unaltered and includes a direct link to the Seller’s website or credit to the Seller. The Buyer may share photographs to their personal social media platforms so long as the photograph is unaltered and includes a direct link to the Seller’s website or credit to the Seller. The buyer may edit/alter photographs and use as laid out in the rest of this agreement provided the buyer both notes that the photographs have been altered *and* includes a direct link to the Seller’s website or credit to the Seller.
The Buyer shall not resell, sub-license, or redistribute the photographs except as provided for in this Agreement. The Buyer shall not use the photographs in a commercial manner to earn money, for marketing or advertising purposes, or in a trademark, except as provided for in this Agreement. The Buyer shall not use the photographs in an obscene, defamatory or immoral way. The Buyer shall not use, and shall not allow to be used, the photographs for any purposes prohibited by the laws of the United States. The Buyer shall not allow others to use the photographs and shall not use the photographs in a way that allows others to download or redistribute the photographs except in accordance with this Agreement. The Seller warrants that the Seller is entitled to grant the use of the photographs described in this Agreement, and that this Agreement does not infringe the rights of third parties.
The photographs are provided “as is” to the Buyer. The Seller, and its officers, employees, agents and suppliers, do not provide any warranty, whether express or implied, as to the photographs.
The Seller will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyer’s use of the photographs . The Buyer agrees to defend, indemnify and hold harmless the Seller and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorized use of the photographs by the Buyer, or its officers, employees, agents or suppliers, or the Buyer’s breach of this Agreement.
This Agreement will continue indefinitely unless it is otherwise terminated for any of the reasons set out below. This Agreement shall terminate immediately upon the failure of the Buyer to comply with the terms and conditions herein. The Seller reserves the right to discontinue the license and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer’s unauthorized use of the photographs Upon termination of this Agreement, the Buyer shall discontinue the use of the photographs , and shall destroy all copies and archives of the photographs .
The Seller retains all intellectual property rights in the photographs , including the sole copyright to the photographs . Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller’s intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the photographs . Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of federal copyright law or international copyright agreements. The Buyer shall not falsely represent that they are the original creator of the photographs.
In order to purchase a license for thephotographs, the Buyer must be in compliance with applicable export laws. The Buyer shall not ship, transfer or export the photographs to any country in a manner prohibited by the laws of the United States or use it in any manner prohibited by the laws of the United States.
If there is a conflict between any provision of this Agreement and the applicable legislation of the United States (the “Act”), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement. If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the United States, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of Pennsylvania to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
The Buyer may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. The Agreement will inure to the benefit and be binding upon the Seller and the Buyer and their respective successors and assigns.
This Agreement constitutes the entire agreement between the Seller and the Buyer with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise. The provisions contained in this Agreement cannot be changed except by the written consent of both Parties.
If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both the Seller and the Buyer. The cost of any mediations or arbitrations will be borne by the Buyer.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Pennsylvania on the date of execution of this Agreement. all payments required to be paid under this Agreement will be paid in USD unless the Parties agree otherwise in writing.
If interested in a commercial license, please contact us to establish new pricing and terms.
