ALASKA STOCK TERMS AND CONDITIONS FOR USE OF iditarodphotos.net WEBSITE


NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ALASKA STOCK LLC, (hereafter "ALASKA STOCK"). BY CLICKING THE "I ACCEPT" BUTTON, CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. ALASKA STOCK reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE and IMAGES

This website is owned and operated by ALASKA STOCK. 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 relating to intellectual property. The copyrights to the Images on this Alaska Stock site are owned by the individual photographers who created the Images and/or Alaska Stock. The Images on this site may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these Images beyond the "PERMITTED USAGE," including use on other web sites without the prior written consent of Alaska Stock. It is illegal to use any portion of our Images as reference for another photograph, illustration or derivative work in any form.

PERMITTED USE

Only upon your payment for same, ALASKA STOCK grants you the non-exclusive right to use the Images as wall decor for your home, office, or other private location. Images cannot be re-sold or used for advertising or editorial purposes. No Image(s) may be used without proper payment.

RESTRICTIONS AS TO USE
The following uses are prohibited:

Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any Images on any database without ALASKA STOCK's prior written consent.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from ALASKA STOCK.

Sublicense, re-license, rent or lease any of the Images.

Use of the Images to promote a business that sells or licenses photographic Images, or otherwise competes with ALASKA STOCK in any manner.

Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

PAYMENT TERMS

Time is of the essence in the performance by User of its obligations for payments.

Payment of the invoice herein is to be upon receipt. Any claims for adjustment or rejection of terms must be made to ALASKA STOCK within ten (10) days after receipt of invoice.

CANCELLATION AND RETURN POLICY

NEED TEXT HERE.

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are 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. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnify and hold ALASKA STOCK, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS

ALASKA STOCK GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ALASKA STOCK IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY ALASKA STOCK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ALASKA STOCK OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND ALASKA STOCK SHALL BE THE FEE PAID FOR THE IMAGE TO ALASKA STOCK.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

MISCELLANEOUS

JURISDICTION Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Anchorage, Alaska pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Alaska. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.

Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court in the District ALASKA STOCK resides.

If ALASKA STOCK is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.

This agreement is not assignable or transferable on the part of User.

In the event that any Images are used by User in publications, User shall provide ALASKA STOCK with two (2) free copies of such publication immediately upon printing.

This contract contains all the terms of the agreement between us (ALASKA STOCK and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice we may issue may contain additional terms relating to the rights granted and the type of usage allowed.ALASKA STOCK TERMS AND CONDITIONS OF USE OF ALASKA STOCK WEBSITE