ARCHEXPLORER.COM TERMS AND CONDITIONS OF USE
The following are the legally binding terms and conditions ("Terms") between ArchExplorer, LLC (referred to as "Company" or "we"), the owner of the website www.archexplorer.com (referred to as "Website" or "Site"), and you, the user of the site. Before using the site, it is important to carefully read these terms, which govern your use of the site. By accessing and using the site, you agree to be bound by these terms. If you do not agree with these terms, you are not authorized to use the site. Any information or services provided to you through the site are contingent upon your acceptance of these terms without modification. These terms are in addition to any applicable Image License Agreement between you and the Company. In case of a conflict between these terms and any such License Agreement, the License Agreement will take precedence for the conflicting terms. The Company reserves the right to change, modify, or update these terms, and you agree to be bound by such changes.
The main purpose of the Website is to preview photographic images ("Images") for licensing purposes. If you are obtaining image reproduction rights on behalf of a company, you must have the authority to bind the company to these terms. The Company reserves the right to modify or discontinue the site or any part of it, temporarily or permanently, without liability to you or any third party.
You are not allowed to reproduce, distribute, modify, publicly perform, or prepare derivative works of any content or image without the company's prior written consent. You must contact the company to obtain a license for any additional use. You may not:
It is recommended that individuals seek the advice of legal counsel prior to filing a notice or counter-notice. It should be noted that there may be penalties for filing false claims under the DMCA.
The content, including images, is presented "as is," and the Company does not make any express or implied representations or warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, image quality, or compatibility with any computer hardware or other equipment, operating system, or software program. The use of the site is at the user's own risk, and the Company does not guarantee that the site will be free of errors or interruptions.
No model releases or other releases exist on any Image unless the existence of such release is specified in writing by Company. If it is uncertain if additional rights from third parties are required for the intended use, it is the user's responsibility to seek the advice of competent rights management professionals or legal counsel.
This agreement constitutes the entire understanding between the parties with regards to the transmission, delivery, and review of Images and supersedes any prior negotiations, representations, or agreements, either written or oral. No alterations or modifications to the terms of this agreement shall be binding unless made in writing and executed by both parties. Any terms and conditions outlined in a subsequent invoice may supplement or modify the provisions outlined in these Terms, but shall not supersede them unless explicitly stated. Any terms and conditions outlined in the client's purchase order shall be deemed null and void.
The main purpose of the Website is to preview photographic images ("Images") for licensing purposes. If you are obtaining image reproduction rights on behalf of a company, you must have the authority to bind the company to these terms. The Company reserves the right to modify or discontinue the site or any part of it, temporarily or permanently, without liability to you or any third party.
OWNERSHIP OF THE WEBSITE
The Website and all its elements, including images, captions, content, design, layout, and navigation (referred to as "Content"), are owned by the Company or its licensors and are protected by intellectual property laws, including copyright, trademark, trade dress, and others. Unless explicitly permitted by these terms or any applicable License Agreement, no part of the site or its content can be copied or transmitted, and all rights remain the exclusive property of the Company.PERMITTED USAGE
The usage of this website is only allowed for individuals who are 18 years of age or older. If you use the site, you are confirming that you are at least 18 years old. The Company grants you a limited, personal, and non-transferable license to view images only for the purpose of evaluating whether you want to purchase a license for the image according to the image license agreement applicable to your use. You may not use the images in any final materials distributed to the public without the company's prior written consent. Any other rights in the images belong to the company and its licensors.You are not allowed to reproduce, distribute, modify, publicly perform, or prepare derivative works of any content or image without the company's prior written consent. You must contact the company to obtain a license for any additional use. You may not:
- Deep link or use software or any automatic device, technology, or algorithm to search, scrape, or monitor the site and retrieve or copy the content or related information
- Violate the mechanical restrictions of the site or bypass other measures to prevent or limit access to the site or content by hacking or other means
- Copy, frame, redirect or exploit the site or any content
- Probe, scan, or test the vulnerability of the site or its network, or seek information on visitors to the site or personal information of site users
- Use any device, software, or routine that interferes with the proper functioning of the site
- Gather or use the information to transmit unsolicited advertising, junk mail, spam, or chain letters
- Impersonate or misrepresent your affiliation with any person or entity
- Use the site in any way that violates any local, state, national, or international law or regulation
- Use an image in a defamatory, pornographic, or obscene manner or in a way that violates a depicted person's right to privacy or publicity or infringes on any trade name, trademark, or service mark
- Archive, republish, or transmit any images on any database or to a network or bulletin board or allow any images to be distributed or used by anyone other than authorized users without the company's prior written consent
- Use any image in any electronic template or application to create multiple impressions without obtaining a license
- Use any images to promote a business that sells or licenses photographic images or competes with the company in any manner that adversely affects the company's interests
TRADEMARKS
It is strictly prohibited to utilize the Company's trademarks or service marks without obtaining prior written authorization from the Company. The Company's trademarks, including but not limited to "ArchExplorer LLC" and "ArchExplorer", are proprietary to the Company.PAYMENTS
Payment for any invoice issued under these terms must be made within 30 days of receipt. You are not allowed to make payment conditional upon receipt of compensation from any third party. Your rights under these terms are contingent on full payment of all amounts owed. Late payments will incur interest at a rate of 1.5% per month. The Company is entitled to recover all costs associated with collecting outstanding amounts, including reasonable attorney fees.LINKS
You acknowledge and agree that the Site may contain links to other websites and resources, and that the Company shall not be held responsible or liable for the availability or accuracy of such sites or resources, or for any content, advertising, products, or services available on or through such sites or resources. The Company makes no endorsement of any linked sites and you use these links at your own risk. It is further acknowledged that the Company's Privacy Policy and these Terms of Use are applicable only to the Site and not to any linked websites or resources.CONTENT ON THE SITE
Under the Digital Millennium Copyright Act of 1998 (hereinafter referred to as "DMCA"), individuals who believe that materials on the Internet infringe their rights under U.S. copyright law are entitled to take recourse. In the event that you have a good faith belief that material hosted or distributed by the Company is in violation of your copyright, you may send a notice to the Company requesting removal or restriction of access to the said material. The notice must contain the following information:- The signature of an authorized representative who has the authority to act on behalf of the owner of an allegedly infringed exclusive right, whether it be physical or electronic in nature.
- The identification of the specific copyrighted work that is allegedly infringed, or if multiple copyrighted works located on the Site are the subject of a single notification, a representative list of such works.
- Identification of the allegedly infringing material, including information that is reasonably sufficient to permit the Company to locate such material on the Site.
- The contact information of the complaining party, including their name, address, telephone number, and email address.
- A declaration asserting that the complaining party holds a sincere belief that the material's utilization, as complained of, is not sanctioned by the copyright owner or applicable legislation.
- A declaration that the information contained in the notification is accurate and is made under penalty of perjury and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed exclusive right.
It is recommended that individuals seek the advice of legal counsel prior to filing a notice or counter-notice. It should be noted that there may be penalties for filing false claims under the DMCA.
INDEMNITY
You hereby agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, and their respective officers, directors, employees, agents, and suppliers against any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, brought by any third party as a result of your breach of the intellectual property rights of any third party, your utilization of the Site or the Site Content, and your violation of these Terms.GENERAL DISCLAIMERS
The Company does not grant any rights or warranties regarding the utilization of names, trademarks, logos, registered or copyrighted designs, or works of art depicted in any image. The Company has attempted to provide accurate caption information for each image but shall not be held liable for any incorrect or incomplete information.The content, including images, is presented "as is," and the Company does not make any express or implied representations or warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, image quality, or compatibility with any computer hardware or other equipment, operating system, or software program. The use of the site is at the user's own risk, and the Company does not guarantee that the site will be free of errors or interruptions.
No model releases or other releases exist on any Image unless the existence of such release is specified in writing by Company. If it is uncertain if additional rights from third parties are required for the intended use, it is the user's responsibility to seek the advice of competent rights management professionals or legal counsel.
LIMITATION OF LIABILITY
Under no circumstances shall Company or the proprietor of the Images be held liable for any direct, incidental, indirect, punitive, or consequential damages arising from your access to or use of the Images on this site or the site itself. In the event of any such liability, the maximum amount that the proprietor of the copyright in the Image and Company shall be responsible for shall not exceed the fee paid by you to Company for the Image.UNAUTHORIZED USE/RETROACTIVE LICENSE
In the event of unauthorized usage of an Image, as it can be challenging to determine the extent of damages incurred, the undersigned agree to forgo any legal action for copyright infringement and instead, agree to pay a retroactive license fee equal to ten times the customary rate for such unauthorized use within ten days of receiving a bill for the same. Should the undersigned fail to make payment within the specified timeframe, this agreement for liquidated damages shall become void at the option of the copyright owner of the Image and Company, and they shall retain the right to sue for copyright infringement and/or breach of contract, seeking all available damages and remedies, including attorney's fees and associated costs.TERMINATION
These Terms shall be automatically terminated in the event of a violation of any of its provisions, and upon such termination, your authorization to access and utilize the Site and the Content shall immediately cease. The Company reserves the right to cancel your account at any time, including when there is a reasonable belief of a violation of these Terms or infringement of the rights of the Company or of any third party. You acknowledge that the Company may terminate your access to the Site or cancel your account without prior notice. Upon cancellation of your account, your access to Images on the Site may no longer be available. The provisions related to General Disclaimers, Indemnification, Limitation of Liability, and Miscellaneous shall survive the termination of these Terms.This agreement constitutes the entire understanding between the parties with regards to the transmission, delivery, and review of Images and supersedes any prior negotiations, representations, or agreements, either written or oral. No alterations or modifications to the terms of this agreement shall be binding unless made in writing and executed by both parties. Any terms and conditions outlined in a subsequent invoice may supplement or modify the provisions outlined in these Terms, but shall not supersede them unless explicitly stated. Any terms and conditions outlined in the client's purchase order shall be deemed null and void.