GillisPhotos.com Terms & Conditions of Use
This Agreement is between Robert Gillis, (SELLER) and you, or the employer or other entity on whose behalf you are entering into this agreement (CUSTOMER) who purchases CONTENT (a photographic print or license and download of a photograph) from the the www.GillisPhotos.com website (GILLIS-PHOTOS-WEBSITE).
For the purpose of this Agreement, “CONTENT” is defined as any photographic image taken by and owned by SELLER offered for sale on GILLIS-PHOTOS-WEBSITE.
These Terms and Conditions constitute a legal Agreement between CUSTOMER and SELLER. CUSTOMER agrees to access, acquire, and use the CONTENT under the following Terms and Conditions:
CUSTOMER has agreed to be bound by the Terms and Conditions of this Agreement and by purchasing CONTENT from the GILLIS-PHOTOS-WEBSITE, CUSTOMER acknowledge that CUSTOMER has read, understood, and accepted the Terms and Conditions of this Agreement.
SELLER represents that he personally took all photographs for sale (CONTENT) on GILLIS-PHOTOS-WEBSITE, (except as otherwise noted) and that he owns all rights or has all requisite authority, including all copyrights, and is authorized to allow CUSTOMER to purchase, 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 SELLER.
GILLIS-PHOTOS-WEBSITE offers two services: 1) Purchase of prints for personal use; 2) Purchase of licensed image.
PURCHASE OF PRINT
When CUSTOMER purchases a PRINT from GILLIS-PHOTOS-WEBSITE, SELLER will send CUSTOMER by US mail an unframed print in the purchased size on professional quality paper, printed on a professional image printer.
By purchasing a print, CUSTOMER is purchasing ONLY a copy of the image for personal use, and CUSTOMER is not allowed to use the image for any other purpose. Lost or stolen images will not be replaced.
Postage prices are to US and Canada locations only; SELLER only ships to the United States and Canada
PURCHASE OF LICENSE
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT
ALLOWABLE USAGE: When CUSTOMER purchase a LICENSE to a specific image, SELLER will provide a download link to the full-size specific image (JPG) and grants CUSTOMER a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the CONTENT including: 1) As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services). 2) Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, book covers, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books. 3) As part of an advertising campaign. 4) For CUSTOMER’s own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
The use of CONTENT in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to “Photo by Robert Gillis, GillisPhotos.com.”
NOT ALLOWED: CUSTOMER may not incorporate the content into merchandise intended for sale or promotional distribution, including, without limitation, textiles, artwork, magnets, wall-art, coffee mugs, key chains, mouse pads, ornaments, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution.
CUSTOMER will not own the CONTENT and this agreement does not grant CUSTOMER intellectual property rights to the CONTENT.
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.
Not all images are available for license. In some 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. Images containing crowds in public places do not require a releases and are available.
CUSTOMER may not distribute the CONTENT, electronically or in hard copy, EXCEPT AS SPECIFICALLY AUTHORIZED ABOVE. CUSTOMER 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. CUSTOMER may not share CONTENT across a network, on a storage media, cloud, or in any other way EXCEPT AS SPECIFICALLY AUTHORIZED ABOVE. CUSTOMER may not under any circumstances, use automated or programmatic means or methods to download CONTENT.
CUSTOMER may not use CONTENT in any manner that violates the trademark rights of any logo or company displayed there within.
CUSTOMER may NOT under any circumstances use CONTENT in any pornographic, sexually explicit, obscene, defamatory, unethical, immoral, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
CUSTOMER may not portray any person or identifiable entities depicted in CONTENT, or use the CONTENT in a way that a reasonable person would find offensive, including but not limited to depicting a person or persons displayed in the CONTENT a) in connection with pornography, “adult videos”, adult entertainment venues, sexual advertising, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco, marijuana, vaping, or alcohol products; c) in ANY political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal or sexual activities.
CUSTOMER may not resell, redistribute, provide access to, share or transfer any CONTENT except as specifically provided herein.
CUSTOMER is prohibited from claiming authorship of the images purchased from SELLER.
CUSTOMER understand that CONTENT is copyrighted and owned by a third party, and any unauthorized use by CUSTOMER may be an infringement of such copyright. CUSTOMER also understand that the USA prohibits export of materials to certain countries and CUSTOMER will abide by such restrictions.
GILLIS-PHOTOS-WEBSITE and the CONTENT are made available to CUSTOMER “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”
SELLER, his associated employees, directors, officers, and anyone else associated with SELLER, and anyone else acting on behalf of SELLER:
a) 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 CUSTOMER usage of GILLIS-PHOTOS-WEBSITE will be uninterrupted, error free of computer viruses or other damaging materials. When CUSTOMER access and acquire CONTENT, CUSTOMER does so at CUSTOMER’s risk.
b) Disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort.
c) Make no representation or warranty as to CUSTOMER right to use any individual’s name, likeness, and/or image appearing in the CONTENT without first obtaining appropriate rights from such individual.
d) Makes no representation or warranty that CUSTOMER’s 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 CUSTOMER understand that CUSTOMER should seek competent counsel before using CONTENT on or in connection with any goods or services or for any other commercial purposes.
SELLER may make improvements or changes in the information, services, prices, products, and other materials on GILLIS-PHOTOS-WEBSITE, or terminate GILLIS-PHOTOS-WEBSITE, at any time without notice. SELLER may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, CUSTOMER agree to review the agreement periodically, and CUSTOMER’s continued access or use of GILLIS-PHOTOS-WEBSITE shall be deemed CUSTOMER’s acceptance of the modified agreement
CUSTOMER’s purchase of a license or print from GILLIS-PHOTOS-WEBSITE in no way constitutes an endorsement by SELLER of CUSTOMER.
In no event will SELLER, his associated employees, directors, officers, and anyone else associated with SELLER, and anyone else acting on behalf of SELLER 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 they have been advised of the possibility of such damages.
In no event will the liability of SELLER, his associated employees, directors, officers, and anyone else associated with SELLER, and anyone else acting on behalf of SELLER exceed the amount paid by CUSTOMER for accessing or using the GILLIS-PHOTOS-WEBSITE and for accessing, acquiring, and/or using CONTENT from GILLIS-PHOTOS-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 CUSTOMER.
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.
CUSTOMER represent and warrant that: CUSTOMER is at least 18 years of age and have the right to enter into this Agreement; CUSTOMER do not reside in any country to which export of USA products are prohibited or restricted; CUSTOMER will not use the CONTENT in any way that is not permitted by this Agreement; CUSTOMER use of the CONTENT will not violate any applicable law or regulation of any country, state, or other governmental entity; The information CUSTOMER provides the GILLIS-PHOTOS-WEBSITE is accurate and true. CUSTOMER acknowledges CUSTOMER is authorized to use payment method used to purchase CONTENT.
CUSTOMER agree to fully defend and indemnify SELLER, his associated employees, directors, officers, and anyone else associated with SELLER, and anyone else acting on behalf of SELLER 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 CUSTOMER use of the CONTENT of GILLIS-PHOTOS-WEBSITE or of any breach or alleged breach of any representation, warranty, or other promise made by CUSTOMER in this Agreement.
This Agreement constitutes the entire agreement between CUSTOMER and SELLER. 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 SELLER 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.
CUSTOMER has agreed, and reaffirm CUSTOMER agreement to conduct this transaction electronically.
Last Updated: November, 2020