Terms
of Use
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE
A BINDING AGREEMENT BETWEEN YOU AND OUTDOOR IMAGE AGENCY. ("Outdoor
Image Agency"). By using the Outdoor Image Agency web site ("Site")
and/or downloading any content, you agree to be bound by and comply
with this Site Usage Agreement ("Agreement"). If you do
not wish to be bound by this Agreement, do not use this Site.
This
Agreement applies to you, and if you are using this Site on your
employer's behalf, to you and your employer. Outdoor Image Agency
reserves the right to change this Agreement from time to time at
its sole discretion, and your use of the Site will be subject to
the most current version posted on the Site at the time of your
use. If you are acting within the scope of your employment as an
employee, contractor, or agent of another party, you warrant that
such party has full knowledge of your actions and has consented
thereto.
This
Agreement is in addition to your obligations under the applicable
Outdoor Image Agency Content License Agreement (if any). In the event
of any conflict between this Agreement and the Outdoor Image Agency
Content License Agreement, the Outdoor Image Agency Content License
Agreement will control as to the conflicting terms. If you are unsure
of your rights or obligations under this Agreement, please contact
Customer Service by e-mail at info(at)outdooria.com.
Permitted
Use of this Site
This
Site is owned and operated by Outdoor Image Agency. All images,
audio, video and related informational materials in any medium
furnished by Outdoor Image Agency hereunder, including related
text, captions, or information (collectively referred to as "Content"),
is owned by Outdoor Image Agency or our licensors and is protected
by US and international copyright laws, trade dress, moral rights,
and other intellectual property rights. Except as explicitly permitted
under this Agreement or the applicable Outdoor Image Agency's
Content License Agreement (if any), no portion or element of this
Site or its Content may be copied or retransmitted via any means
and all related rights shall remain the exclusive property of
Outdoor Image Agency.
FOR
THE PROTECTION OF OUTDOOR IMAGE AGENCY AND ITS IMAGE SOURCES AND
OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY
WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT
SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE
CRAWLING OR TRACKING OF CONTENT OBTAINED FROM OUTDOOR IMAGE AGENCY
AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE
UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS
(RMS))". If you do not consent to Outdoor Image Agency's
use of RMS, do not use the Site or any Content found therein.
You shall not knowingly disable any such technology or tool. You
may not remove any copyright or other proprietary notices contained
in the Content, caption information, or any other material on
this Site. Additionally, unless authorized by Outdoor Image Agency
in writing, you may not:
(i)
deep link or employ software or any automatic device, technology
or algorithm, to "crawl," "scrape," search
or monitor the Site and/or retrieve or copy Content or related
information;
(ii)
violate the mechanical restrictions of the Site, or bypass other
measures employed to prevent or limit access to the Site or Content
by hacking or other means;
(iii)
copy, redirect, or exploit the Site or any Content;
(iv)
probe, scan, or test the vulnerability of the Site or of the network
supporting the Site, or seek information on visitors to the Site
or personal information of Outdoor Image Agency' customers; or
(v)
use any device, software or routine that would interfere with
the proper functioning of the Site, or any transaction conducted
via the Site.
Your
use of this Site and any Content shall comply with all applicable
law. Outdoor Image Agency reserves the right, in its sole discretion,
to revoke your authorization to view, download and use the Content
and information available on the Site at any time and for any
reason, with or without notice to you of such revocation, and
you agree to immediately discontinue such use upon notice from
Outdoor Image Agency. Outdoor Image Agency may also restrict or
remove Content from the Site for any reason, and you agree to
immediately discontinue all use of the Content upon notification
from Outdoor Image Agency.
Despite
our efforts to provide accurate information, this Site may contain
technical or other mistakes, inaccuracies or typographical errors.
Additionally, this Site and its Content may include historically
and culturally important images and text that may contain subjects
that reflect the social attitudes and circumstances of a particular
time or location. You should be aware that your search may display
results containing content that may seem inappropriate to its
context, or text that could be potentially offensive. You are
solely responsible for determining whether your use of any Content
requires the consent of any third party or the license of any
additional rights, and you should not rely solely on the information
provided by Outdoor Image Agency. If you are unsure whether additional
third-party rights are needed for your use, you are responsible
for consulting with competent rights management professionals
or legal counsel.
Privacy
Outdoor
Image Agency's Privacy Policy applies to use of this Site, and its
terms and conditions are made part of this Agreement by reference.
Please consult Outdoor Image Agency' Privacy Policy for specific
information on Outdoor Image Agency policies for use of your personal
information. You understand that any message or information sent
to the Site may be viewed or intercepted by third parties, even
if there is a special notice that the information (e.g., financial
information) is encrypted.
Registering
For an Outdoor Image Agency Account
Registration
with Outdoor Image Agency grants you certain privileges. For example,
if you have registered for an Outdoor Image Agency account and Outdoor
Image Agency has approved your registration, you may be able to
access Content without a visible watermark. In applying for an Outdoor
Image Agency account, you agree to furnish true and accurate information.
Outdoor Image Agency reserves sole discretion over whether to grant
you an account, and you agree to access the authorized sections
of the Site and your account only by using the account number and
password supplied to you by Outdoor Image Agency. You are responsible
for maintaining the confidentiality of your account number and/or
password, if applicable, and you shall not distribute this access
information or allow others to use this access information to gain
access to this Site. You agree to take reasonable steps to prevent
others from obtaining your access information and to notify Outdoor
Image Agency of any unauthorized access or need to update or remove
access for any of your employees or agents. You shall be liable
for payment for all Content downloaded by others using your account,
with or without your permission or knowledge prior to the time that
you notify Outdoor Image Agency of any unauthorized use. Outdoor
Image Agency cannot and will not be liable for any loss or damage
arising from your failure to follow these obligations. You agree
that you shall not acquire any rights of use, ownership, or bailment
as a result of using any Outdoor Image Agency account or Site or
related services.
Children
Minors
and children (persons under the age of 18) are not eligible to use
this Site unsupervised and we ask that minors and children do not
register for an account or submit any personal information to us.
By using this Site unsupervised, and/or registering for an account,
you warrant that you are 18 years of age or older.
Limited License for Comp Usage
Conditioned on your compliance with this Agreement, Outdoor Image
Agency grants you a limited license to download Content consisting
of images solely for evaluating whether you wish to purchase a license
to the image according to Outdoor Image Agency Content License Agreement
applicable to your use ("Comps"). If you are not a registered
user, your Comp license covers only visibly watermarked Content,
and does not entitle you to download Content which does not contain
a visible watermark. You may use Comps solely for your internal
evaluation and for no longer than sixty (60) days from the date
of download solely to determine whether you intend to obtain a non-Comp
license for the Content. You may not use a Comp image in any final
materials distributed within your company or any materials distributed
outside of your company or to the public or in any online or other
electronic distribution system. Except for this limited, internal
testing and sample use, Outdoor Image Agency grants you no other
rights, and you may not copy, distribute, publish, display, sublicense,
make available, or otherwise use in any way the comp outside the
scope of this Agreement. To access images without a visible watermark,
you must register for an Outdoor Image Agency account.
Outdoor Image Agency may immediately terminate any licenses granted
to you without notice if you fail to comply with any provision of
this agreement or with the Outdoor Image Agency Content License
Agreement applicable to your use. If a license is terminated, you
agree to immediately (i) stop using this Site and the Content and
(ii) delete all Content and all copies from all magnetic media and
destroy all other copies, or, at Outdoor Image Agency' request,
return all such copies to Outdoor Image Agency.
Outdoor
Image Agency Trademarks
You
may not use the trademarks or service marks of Outdoor Image Agency
without Outdoor Image Agency's prior written consent. "Outdoor
Image Agency," and the OUTDOOR IMAGE AGENCY logo, among others,
are trademarks of the Outdoor Image Agency. Other product and company
names mentioned on the Site may be trademarks of their respective
owners.
Indemnification
You
agree to indemnify and hold harmless Outdoor Image Agency and its
Content sources, officers, directors, employees, contractors, subsidiaries,
joint ventures, licensors and licensees against all claims (including,
without limitation, claims by third parties), liability, damages
(including punitive damages), judgments, settlements, costs and
expenses, including reasonable legal fees and expenses, arising
out of or related to (i) Your breach of any terms, conditions or
restrictions of this Agreement, (ii) Your use or modification of
any Content, or combination of any Content, with any text or other
content, (iii) Your failure to obtain from third parties all permissions
necessary to use the Content,; and (iv) any act or failure to act
by you or any of your employees, contractors, employers, agents,
clients, principals, or users.
Disclaimers
and Limitation of Liability
OUTDOOR
IMAGE AGENCY PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS
IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR ANY LIABILITY
WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER OUTDOOR IMAGE
AGENCY NOR ANY OUTDOOR IMAGE AGENCY SUBSIDIARY, SUCCESSOR, PREDECESSOR,
PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR,
CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY
OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT
OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS WEB SITE, AND
YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB
SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN
TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO
EVENT SHALL OUTDOOR IMAGE AGENCY' OR ITS AFFILIATES' LIABILITY ARISING
OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR
ANY OF THE CONTENT EXCEED $500. THE FOREGOING EXCLUSIONS AND LIMITATIONS
ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE.
Third
Party Links
As
a convenience, our Site may link to other sites that may be of interest
to you but are not under Outdoor Image Agency' control. These links
do not imply endorsement by Outdoor Image Agency and we are not
responsible for the availability of or the content contained in
any linked site.
Notification
of Copyright Infringement
Outdoor
Image Agency may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your
work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on the Site, send
Outdoor Image Agency' copyright agent a notice containing: (i) a
physical or electronic signature of the copyright owner or person
authorized to act on behalf of the copyright owner; (ii) a description
of the copyrighted work or works that you claim have been infringed
and identification of what material in such work(s) is claimed to
be infringing; (iii) a description of where the material that you
claim is infringing is located on the Site; (iv) information sufficient
to permit Outdoor Image Agency to contact you, such as your physical
address, telephone number, and email address; (v) a statement that
you have a good faith belief that the use of the material you identified
is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement by you that the information in your notice
is accurate and, under penalty of perjury, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Choice
of Law / Jurisdiction / Attorneys' Fees
Any
dispute regarding this Agreement shall be governed by the laws
of Sweden. The parties agree to accept the exclusive jurisdiction
of federal courts located in Stockholm, Sweden regardless of conflicts
of laws. The parties hereto confirm that it is their wish that
this Agreement, as well as any other documents relating hereto,
including notices, has been and shall be written in the English
language. In any dispute between Outdoor Image Agency and you,
Outdoor Image Agency shall be entitled to recover its reasonable
attorneys' fees, legal expert fees, and other legal expenses from
you.
For
notice of claims of copyright infringement can be done by copyright(at)outdooria.com
Miscellaneous
You
acknowledge that you have read this Agreement and understand it,
and agree to be bound by all its terms and conditions. This Agreement
(along with Outdoor Image Agency' Privacy Policy and the Outdoor
Image Agency Content License Agreement, if applicable) constitutes
the entire agreement between the parties with respect to the subject
matter hereof and merges all prior and contemporaneous communications.
No action of Outdoor Image Agency, other than the express or written
waiver or amendment, may be construed as a waiver or amendment of
this Agreement. This Agreement shall not be modified except by a
written agreement signed by duly authorized representatives of Outdoor
Image Agency, provided that no purchase order or similar document
issued by you shall modify this Agreement, even if signed by Outdoor
Image Agency. If any provision of this Agreement is found invalid
or unenforceable, the remainder of this Agreement shall remain valid
and enforceable according to its terms. The parties intend that
the provisions of this Agreement be enforced to the fullest extent
permitted by applicable law. Accordingly, the parties agree that
if any provisions are deemed not enforceable, they shall be deemed
modified to the extent necessary to make them enforceable and in
such manner as comes closest to the intentions of the parties to
this Agreement as is possible. This Agreement will inure to the
benefit of and be binding upon the parties, their successors and
assigns, except that you may not assign or transfer this Agreement
without Outdoor Image Agency' prior written consent.
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