2) User Licence Agreements
3) Suplier Agreement
4) Model Release
5) Property Release
Terms of Uuse
THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE OWNER OF www.OnePricePhoto.com ("Website"), Digital Stock Co. ("OnePricePhoto", "We", "Us"). ACCESS AND USE OF THIS WEBSITE IS PROVIDED TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE IN ANY POSSIBLE FORM. PLEASE READ THIS TERMS OF USE ("Agreement") BEFORE USING THIS SITE ("Website"). BY USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.
- Digital Stock Co. may at any time revise this Terms of Use by updating this posting. By using this Website, You agrees to be bound by any such changes.
Membership
By becoming a member, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Agreement has been violated, or other abuses have occurred as determined by OnePricePhoto in its sole discretion.
Privacy PolicyOnePricePhoto is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our OnePricePhoto Privacy Policy for further details.
Third-Party ServicesOnePricePhoto may use third parties to provide certain services accessible through the Website. OnePricePhoto does not control those third parties or their services, and you agree that OnePricePhoto will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use this Website. If any such terms or policies conflict with this Agreement or policies, you must comply with this Agreement or policies, as applicable.
SubmissionsAll suggestions, ideas, notes, concepts and other information you may from time to time send to OnePricePhoto (collectively, "Submissions") shall be deemed and shall remain the sole property of OnePricePhoto and shall not be subject to any obligation of confidence on its part. Without limiting the foregoing, OnePricePhoto shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Links to the WebsiteThis Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that OnePricePhoto monitors or endorses these Web sites. OnePricePhoto. does not accept any responsibility for such Web sites. OnePricePhoto. shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
Limitation of LiabilityYOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL OnePricePhoto. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN ($10.00) US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IndemnificationYou agree to indemnify, defend, and hold harmless OnePricePhoto and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Images or Vector Illustrations, your failure to abide by any restriction regarding the use of an Image or Vector Illustration, or any claim by a third party related to the use of an Images or Vector Illustrations.
Termination and SuspensionOnePricePhoto reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, at any time for any reason without prior notice or liability. OnePricePhoto may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature or downloaded contents without prior notice. You agree that OnePricePhoto shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
Copyrights & TrademarksThe entire content included in this Website, including but not limited to text, graphics and other material displayed on or that can be downloaded from it (collectively, "Content") are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights and may not be used except as permitted in this Agreement or in conjunction with OnePricePhoto licensing agreement. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website. The Contents of this Website are © 2008, OnePricePhoto.com, or its affiliates and business partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with OnePricePhoto or purchasing OnePricePhoto products. You may not modify the information or materials displayed on or that can be downloaded from this Website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by OnePricePhoto. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.
Infringement ClaimsOnePricePhoto. takes its own intellectual property rights seriously and respects the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OnePricePhoto with a notification that contains the following information:
- Identification, in detail, of the copyrighted work you claim has been infringed.
- Identification of the material you claim is infringing the copyrighted work, in sufficient detail to enable OnePricePhoto to locate the material.
- Your contact information, including name, address, telephone number, and email address.
- Your statement that you have a good faith belief that use of the material in the manner you complain of is not authorized by the copyright owner, its agent or the law.
- Your statement that all information contained in your notice is accurate and that, under penalty of perjury, you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature, if you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, or such owner's physical or electronic signature.
Please direct your notice to our Customer Service.
DisclaimersTHE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OnePricePhoto AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, OnePricePhoto AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OnePricePhoto. OnePricePhoto AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OnePricePhoto SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
CERTAIN GRAPHIC MAY BE SUBJECT TO ADDITIONAL COPYRIGHTS, PROPERTY RIGHTS, TRADEMARKS ETC. AND MAY REQUIRE THE CONSENT OF A THIRD PARTY OR THE LICENSE OF THESE RIGHTS. OnePricePhoto DOES NOT REPRESENT OR MAKE ANY WARRANTIES THAT IT OWNS OR LICENSES ANY OF THE MENTIONED, NOR DOES IT GRANT THEM. IT'S YOUR SOLE RESPONSIBILITY TO MAKE SURE THAT YOU HAVE ALL THE NECESSARY RIGHTS, CONSENTS AND LICENSES FOR THE USE OF THE GRAPHIC.
MiscellaneousThe failure of OnePricePhoto to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.
Any rights not expressly granted herein are reserved.
Governing Law and JurisdictionThis Web site is controlled, operated and administered by Digital Stock Co. from Schaumburg, Illinois, USA. This Web site can be accessed from all US States and from other countries around the world. By accessing this Site you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of Illinois and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Illinois, in Cook County or the United States Court for the Northern District of Illinois and acknowledge that you do so voluntarily.
Additional AssistanceIf you have any questions about this Agreement or the Website, please contact Digital Stock Co. at 1294 Cranbrook Dr. Schaumburg, IL 60193 or Our Customer Support.
User License Agreement
THIS LICENSING AGREEMENT CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN Digital Stock Co. ("OnePricePhoto.com", "We", "Us") THE OWNER OF www.OnePricePhoto.com ("Website"), AND YOU GOVERNING THE USE OF CONTENTS YOU HAVE DOWNLOADED FROM OUR WEBSITE. THIS AGREEMENT GRANTS NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS, ACQUIRE, USE, MODIFY, PUBLISH, AND DISPLAY SAID CONTENTS ACCORDING TO THE DEFINED TERMS AND CONDITIONS AS OUTLINED BELOW. BY YOUR DOWNLOAD OF CONTENTS FROM OUR WEBSITE, YOU WARRANT AND ATTEST THAT:
- You are of the age of majority.
- The information you provide to OnePricePhoto, is accurate and true.
- There have been no warranties, representations, or understandings made by either party to the other except as expressly set forth in this Agreement.
- You have read, understand, and agree to abide by and be bound by all of the terms in this Agreement.
STANDARD LICENSE:
Under this license, you may use an image in one design project and must repurchase/redownload the image for use in a second project.
PERMITTED USES FOR STANDARD LICENSE:
- Website design for yourself, your company, or a single client (for website templates, see Extended License below)
- Online or print articles
- Marketing and advertising, including online and print ads, signs, fliers, and brochures
- Presentations
- Product packaging
- Catalogs, books, magazines, newspapers, newsletters, and other print publications
- Movies, including retail DVDs, publicly televised broadcasts, and video presentations
- Avatars, signatures, and personal greetings on a message board
- School projects and reports
- Design of a CD or DVD cover
- Business cards and stationery for yourself, your company, or a single client (for business card/stationery printing businesses, see Extended License below)
- If unsure whether your project would fall under the permitted uses for this license, please email us.
EXTENDED LICENSE:
This license primarily covers situations in which our images are incorporated into the design of a product for distribution in the free or retail market. Under this license, you may use our image in the design of one product. Free images may not be used under this license. To use this license, you must add to cart the photo, as well as the Extended License Fee for each photo that you intend to use under this license. To use the same image in a second project, you must purchase the photo again, along with a second Extended License. (Ex.: You may purchase the Extended License for an image and use the image on mousepads for retail distribution. To use the same image on mugs, you will need to purchase the photo again, as well as another Extended License.) There is no limit to the number of copies of the product that may be distributed under this license. If a photo does not show that an Extended License is available on its details page, then that photo may only be used under our Standard License above.
PERMITTED USES FOR EXTENDED LICENSE:
- Website templates
- Art prints and framed art
- Apparel (i.e., t-shirts, caps, totes)
- Technology products (i.e., software, mousepads, screensavers, desktop backgrounds)
- Household products (i.e., clocks, mugs, dishes, flags, calendars)
- Bumper stickers
- Postage stamps
- Electronic or paper greeting cards
- Business card and stationery design businesses
- If unsure whether your project would fall under the permitted uses for this license, please email us.
YOU MAY NOT:
- Use our images to promote hatred, violence, racism, sex, treason, terrorism, slander, obscenity, or immorality.
- Use our images in a way that violates any law or regulation of any country, state, or other governmental entity.
- Sell, share, sublicense, assign, gift, or otherwise transfer or distribute our images where the image is detached from a derivative design, including posting our images on a network server, web server, or other electronic media device with the intention of file sharing or including our images in another digital photo collection either online, in print, or in a photo collection CD.
- Imply that our images are your own or claim copyright, intellectual property rights, or other rights to our images.
Indemnification
You agree to indemnify, defend, and hold harmless OnePricePhoto and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any downloaded contents, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an downloaded contents.
Termination
This Agreement is effective until it is terminated. This Agreement will terminate automatically, without notice from OnePricePhoto, if You fail to comply with any provision of this Agreement.
You also can terminate the license granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination may not effect payment or indemnity obligations.
Ownership
OnePricePhoto and its licensors retain all rights, title, and interest in and to all of the copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights. Your rights are subject to this Agreement and the restrictions specified. Certain Images are trademarks of their respective owners ("Trademark Graphic"), and are offered as a convenience for their lawful use only, with proper permission from the copyright or trademark holder. Downloading Trademark Graphic from this Website does not give you authorization or permission to use the copyrighted Trademark Graphic without the specific consent of the copyright or trademark holder. Before you use, reproduce or distribute in any manner any Trademark Graphic downloaded on this Website, you must first receive the express permission of the holder of the copyright or trademark of that Trademark Graphic. Failure to obtain such permission is a violation under international law.
Entire Agreement, Modifications and Waiver
This Agreement constitutes the entire agreement between the User and OnePricePhoto, regarding any and all Photos, Images and Vector Illustrations. The terms and conditions of this Agreement may be modified by OnePricePhoto at any time without notice. Any failure by OnePricePhoto to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision in this Agreement.
Choice of Law/Governing Law
These terms and conditions are governed by and shall be construed in accordance with the laws of Illinois. User consents to the personal jurisdiction of the state and federal courts of the State of Illinois, and agrees that any and all suits or claims regarding or relating to this Agreement shall be brought only before the courts of the State of Illinois, in Cook County or the United States Court for the Northern District of Illinois.
Warranty and Liability
THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENTS, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OnePricePhoto DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
OnePricePhoto SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE DOWNLOADED CONTENTS.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF OnePricePhoto AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND OnePricePhoto, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND OnePricePhoto RELATING TO THE SUBJECT OF THIS AGREEMENT.
Supplier License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU (Member), WHO UPLOADS PHOTOGRAPHS, IMAGES, VECTOR ILLUSTRATIONS (“Content”) AND THE OWNER OF www.OnePricePhoto.com ("Website"), Digital Stock Co. ("OnePricePhoto", "We", "Us"). YOU ARE REQUIRED TO READ THIS SUPPLIER LICENSE AGREEMENT ("Supplier License Agreement") AND ACCEPT ALL OF ITS PROVISIONS BEFORE YOU MAY UPLOAD ANY PHOTOS, IMAGES OR VECTOR ILLUSTRATIONS. BY UPLOADING ANY CONTENTS TO www.OnePricePhoto.com WEBSITE ("Website") YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.
- If You do not agree with these terms, do not enter into this Agreement and terminate a Member’s account..
- Digital Stock Co. may at any time revise this Agreement by updating this posting. By using this Website, a Licensee agrees to be bound by any such changes.
Uploading Images / License grant
Both parties acknowledge that from time to time the Contributor may upload Images to the Website, and OnePricePhoto will screen these uploads to see if they are suitable for distribution. The policies behind this procedure are described in the Upload rules section of the Website Help page.
The Contributor authorizes OnePricePhoto to be his/her non-exclusive agent to license his/her Images or Vector Illustrations to third parties on a royalty-free basis, based on the terms that can be found in the User License Agreement, as amended from time to time. In addition, the Contributor allows OnePricePhoto, in its sole discretion to reproduce, publish, distribute, transmit, broadcast, display, adapt, modify, enhance, crop, or create Duplicates of the Images or Vector Illustrations, in any media now known or which may become known in the future, including, but not limited to, sublicensing the Images to affiliates or third parties and licensing the Images via subscription. The Contributor also acknowledges that these images may be used for promotional purposes for the Website. You also understand that no fee will be paid to the Contributor for Images used by OnePricePhoto for promotional purposes, whereby no payments are paid to OnePricePhoto for such use. The Contributor acknowledges that OnePricePhoto does not allow the upload of Images that infringe on any copyright, property right, privacy or publicity right, trademark or any other applicable right. You are solely responsible for the Images You upload. You warrant that You own all proprietary rights in the Image, and for Images depicting identifiable persons, that You have a valid, legal and signed Model release from those persons, which release You must upload to the Website alongside the Image. OnePricePhoto reserves the right to reject any Image depicting a person or person, which Image does not have a corresponding or valid Model release.
We also reserve the right to remove any approved Image at any time if We believe it's defective, of poor quality or infringes on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites shall result in the immediate termination of this Agreement, the termination of your membership, and possible criminal prosecution.
Commission
OnePricePhoto agrees to pay a certain amount of commission to the Contributor. The commission rates are 50%. OnePricePhoto reserves the right to change the commission rates without notice to you, from time to time, in its sole discretion. You shall be paid at the current rate then in effect. Your sole recourse with regarding to a change in the commission rate is to terminate this Agreement by notifying OnePricePhoto in writing. You acknowledge that You will be paid your earnings only after they have reached $30. OnePricePhoto attempts to process your payment in 3 workdays.
Termination
Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination, OnePricePhoto agrees to remove your Images from the Website and to send You the remaining earnings in your balance. OnePricePhoto shall use reasonable efforts to have your Images removed from the OnePricePhoto website to also be removed from the websites of any OnePricePhoto affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main OnePricePhoto website. Any licenses issued by OnePricePhoto in respect of any your Images that are later removed from the OnePricePhoto website will remain in full force and effect. You acknowledge that if your membership account is terminated by OnePricePhoto because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download credits will be confiscated.
Indemnification
You agree to indemnify, defend, and hold harmless OnePricePhoto and its officers, employees, shareholders, directors, affiliates and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of the Website and the use or the inability to use any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to an Image.
Warranty and Liability
THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OnePricePhoto DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
OnePricePhoto SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.
Model Release and Property Release
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