GillisPhotos.com Terms & Conditions of Use
This Agreement is between Robert Gillis (GillisPhotos.com, We, Us) and the buyer (You or Your) who purchases Content from the GillisPhotos.com website. For the purpose of this Agreement, "Content" is defined as any image or image represented on the GillisPhotos.com website. You have agreed to be bound by the Terms and Conditions of this Agreement and by purchasing Content from the GillisPhotos.com website, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
GillisPhotos.com represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Content shall remain with GillisPhotos.com.
GillisPhotos.com offers two services: 1) Purchase of prints for personal use; 2) Purchase of licensed image.
These Terms and Conditions constitute a legal Agreement between You and GillisPhotos.com.
You agree to access, acquire, and use the Content under the following Terms and Conditions:
Purchase of prints for personal use
When You purchase a PRINT from GillisPhotos.com, We will send you by US mail an unframed print in the purchased size on professional quality paper, printed on a professional image printer.
By purchasing a print for personal use, you are purchasing ONLY a copy of the image for personal use, and you are not allowed to use the image for any other purpose. You are granted NONE of the licenses or benefits described in the following section, "Purchase of licensed image." You will not have access to download the image. Lost or stolen images will not be replaced.
Postage prices are to US and Canada locations only; we only ship to the United States and Canada
Purchase of licensed image
When You purchase an image with license, GillisPhotos.com grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
Due to the ease by which electronic and printed images may be copied, all sales are final. Under no circumstances will refunds be issued. No exchanges are permitted.
You will not own the Content and this agreement does not grant you intellectual property rights to the Content.
Not all images are available for license. In some rare cases, images may be copyrighted or trademarked (such as buildings, property, works of art), or, in the case of some people, no model release is available.
You may, subject to the Terms and Conditions of this Agreement, use the acquired Content for the following purposes, provided you do not violate the rights of any third party: FOR EACH LICENSE SALE, THE INDIVIDUAL USAGE AGREEMENT WILL BE SPECIFIED TO THE BUYER.
You may not distribute the Content, electronically or in hard copy, except as specifically authorized above. You may not authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page. You may not share Content across a network, on a CD, or in any other way/ You may not under any circumstances, use automated or programmatic means or methods to download Content. You may not use Content in any logo or part of any trademark. You may not use Content in any manner that violates the trademark rights of any logo or company displayed in the image. You may not use Content in any downloadable format intended for multiple distribution including, without limitation, Original website templates, software products, e-greetings, etc... You may not under any circumstances, use images or images of people or identifiable entities in any manner that suggests their endorsement of / or association with any product or service.
You may NOT under any circumstances use Content in connection with any pornographic, sexually explicit, obscene, unethical, immoral, or illegal materials.
You may not resell or redistribute the Content in any manner. You may not place the Content on any web website that would offer a user the ability to purchase the Content. You may not post the Content on any on-line image gallery. You are prohibited from claiming authorship of the images purchased from GillisPhotos.com.
The following applies to all users of the GillisPhotos.com website:
You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. You also understand that the USA prohibits export of materials to certain countries and you will abide by such restrictions.
The GillisPhotos.com website and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." GillisPhotos.com, its employees, directors, and officers, and anyone else associated with GillisPhotos.com disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of GillisPhotos.com will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. GillisPhotos.com, its employees and officers, and anyone else acting on behalf of GillisPhotos.com also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. GillisPhotos.com, its employees, directors, and officers, and anyone acting on behalf of GillisPhotos.com make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither GillisPhotos.com, its employees, directors, and officers, nor anyone acting on behalf of the GillisPhotos.com website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
GillisPhotos.com may make improvements or changes in the information, services, prices, products, and other materials on the GillisPhotos.com website, or terminate the GillisPhotos.com website, at any time without notice. GillisPhotos.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of the GillisPhotos.com website shall be deemed your acceptance of the modified agreement
Robert Gillis is the author of, owner of, and is responsible for, GillisPhotos.com, NanaGillisBook.com.RobertxXGillis.com, and www.RobertxGillis.com. GillisPhotos.com links to these websites. However, the GillisPhotos.com website may include links to other websites on the Internet that are owned and operated by third party vendors and other third parties. These websites are NOT created by Robert Gillis / GillisPhotos.com. These links are provided as a convenience to users only and GillisPhotos.com is absolutely not responsible for the availability of, or the content located on, any such website. None of these websites are controlled by GillisPhotos.com and Robert Gillis and GillisPhotos.com do not endorse any such websites or the information, material, images, products or services contained on or accessed through such websites, and your access and use of these websites, including the information, material, images, products and services located thereon, is solely at your own risk. Should you find any objectionable content on such websites, please contact that website’s administrator.
Your purchase of a license or print from GillisPhotos.com in no way constitutes an endorsement by GillisPhotos.com of You, your organization, website(s), or beliefs.
In no event will GillisPhotos.com, its employees, directors, and officers, or anyone else associated with GillisPhotos.com be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if GillisPhotos.com has been advised of the possibility of such damages. In no event will the liability of GillisPhotos.com, its employees, or related parties exceed the amount paid by you for accessing or using the GillisPhotos.com website and for accessing, acquiring, and/or using Content from the GillisPhotos.com website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Due to rampant fraud and the ease of counterfeiting, absolutely no checks or money orders of any kind (including but not limited to Western Union and certified bank checks) are accepted.
Only credit cards or electronic payment through Paypal will be accepted as payment.
You represent and warrant that: You are at least 18 years of age and have the right to enter into this Agreement; You do not reside in any country to which export of USA products are prohibited or restricted; You will not use the Content in any way that is not permitted by this Agreement; Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity; The information you provide the GillisPhotos.com website is accurate and true, including without limitation all credit card information.
You agree to fully defend and indemnify GillisPhotos.com, its employees, directors, and officers, and anyone else associated with GillisPhotos.com, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and the GillisPhotos.com website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
This Agreement constitutes the entire agreement between You and GillisPhotos.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by GillisPhotos.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Massachusetts law governs this Agreement. The parties consent to jurisdiction over them in any state or federal court in Massachusetts, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Massachusetts law.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.