OklahomaImages.com

TERMS OF USE

The OklahomaImages.com website permits the use of images after negotiating a license between Signature Stock, LLC (“Signature Stock”) and any interested party (“Customer”). All such transactions are governed by the Terms of Use below. No downloading, copying, personal or commercial use of any visual content found on OklahomaImages.com may be made prior to purchasing a license. United States and international copyright laws protect all visual content on OklahomaImages.com.


1. GENERAL TERMS AND CONDITIONS

Signature Stock maintains this website (the “Site”) as a service to our customers. Your use of this Site and services provided by Signature Stock are governed by the terms of this Terms of Use Agreement (the “Agreement”). If Customer registers and clicks the “Signup” button just below the statement “By proceeding you agree to these terms,” it acknowledges it has read the Agreement and agrees to the terms and conditions contained in the Agreement. Customer acknowledges and agrees that clicking the “Signup” button has the same effect as manually signing a contract and creates a valid, binding contract between Customer and Signature Stock. If Customer does not agree to all of the terms of this Agreement, Customer should proceed no further and obtain no products or services through the Site.

Signature Stock may modify this Agreement at any time. Any modifications to this Agreement will be effective immediately upon posting on this Site. Customer agrees to review the Agreement posted on the Site each time it uses the Site so that Customer is aware of any modifications made to this Agreement. Customer’s continued usage of the Site will mean it accept those changes. For Customer’s convenience and future reference, the date of the version of this Agreement is listed below. Customer can print the version of the Agreement that it reviewed and approved, and compare it to the version in effect when Customer uses the Site in the future to determine what, if any, changes have been made.

Customer warrants it is at least 18 years of age and that Customer possesses the legal right and ability to enter into this Agreement and to use this Site in accordance with this Agreement.


2. OWNERSHIP OF THIS SITE

This website is owned and operated by Signature Stock. Except for images owned by photographers, all of the content featured or displayed on this website, including, but not limited to, text, graphics, images, illustrations and software code (“Content”), is owned or distributed by Signature Stock. Photographic copyrights are owned by the photographer credited for each Image. For the protection of the Content on OklahomaImages.com, we may elect to digitally watermark any Image.


3. USE OF THE CONTENT

Until Customer purchases a license from Signature Stock, Customer may not download, reproduce, distribute, transmit, or otherwise exploit the Content in any way except as described in the Terms of Use. Customer’s use is limited to the scope of the license agreement Customer enters into with Customer’s purchase. Unauthorized use (intentional or unintentional) beyond the license Customer purchased will render Customer’s license invalid, make Customer ineligible for a refund, and result in legal actions from Signature Stock. All elements of the Signature Stock website, including, but not limited to, the general design and the Content, are protected by copyright, trademark and other laws relating to intellectual property rights.


3A. USE OF COMP IMAGES

Signature Stock grants Customer the non-exclusive and non-transferable right to download the Comp Image(s) from this site onto one computer for one user at a time for layout purposes, browsing, internal company review or testing only. The Comp Image(s) may not be used in any materials distributed outside of Customer or to the public,including any online or other electronic distribution. The Comp Image(s) may not be sold or sublicensed alone or as part of any product.


4. GRANT OF BROAD USE LICENSE

In consideration of Customer’s payment for the licensing of the Images, Signature Stock grants Customer, subject to the terms and conditions of this Agreement, a limited, non-exclusive, and non-transferable broad use license to the Images.

1. Number of Uses: Each Image licensed may be used by Customer for only one project. If multiple uses of an image are required, additional licenses may be purchased at an additional cost.
2. Term: The term for each license is three years from the date of purchase.
3. Territory: Customer’s use of the Images is limited to the United States of America.
4. Limited Purpose: Except where otherwise noted, customer can use an Image for a number of advertising and editorial purposes including, but not limited to, advertising and promotional materials (including packaging, product catalogs, newsletters, and direct mail); online or other electronic distribution systems (including web page design); and broadcasts and multi-media presentations. Images specifically designated as “Editorial/Non-Commercial Use Only” are subject to alternative terms as prescribed in Section 4A.
5. Prohibited Uses: Customer may not:
1. Use the Images for more than one project; or
2. Redistribute, resell or sublicense the Images or modified versions of the Images; or
3. Place any of the Images on a computer network, intranet, internet, computer bulletin board or other form of on-line or internet-accessible service for the express purpose of unlimited access or distribution; or
4. Use the Images or any derivative as a trademark or service mark; or
5. Use any Image for the purpose of creating a product or products for resale including, but not limited to, posters, prints, clothing items, greeting cards or calendars for commercial sales;
6. Archiving, republishing, transmitting or altering any Image in support of illegal, fraudulent or misleading activities.

4A. EDITORIAL/NON-COMMERCIAL USE ONLY

Images designated as “Editorial/Non-Commercial Use Only” (as noted on the Image Detail page under the copyright information) are limited to use as part of: editorial illustration in printed magazines, newspapers or other periodicals; editorial illustration in online news articles, blogs or newsletters; or materials for personal and non-commercial use. These images may not be used for any commercial, promotional, advertising or merchandising use.

Images may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.


5. COPYRIGHT

The copyright to all Images is retained by the photographer credited to each Image. At no time whatsoever is copyright transferred. The rights granted by this Agreement are not transferable to a third party, nor are the rights granted to be misconstrued as being a transfer of ownership or transferal of copyright to any individual, group or corporation.

Any use of an Image must be accompanied by a copyright notice listing photographer and OklahomaImages.com in the following notice: © Photographer’s Name/OklahomaImages.com. In the event of failure to comply with this provision, Customer may be invoiced for double the usage fee and Signature Stock may terminate Customer’s license within its sole discretion.


6. MODEL OR PROPERTY RELEASES

Unless otherwise indicated, it is assumed that any and all Images on OklahomaImages.com are without a model or property release. Images with recognizable people or private properties that do not have a release cannot be used for any purpose. No paper releases are on file with Signature Stock, but instead are on file with the copyright holder. Any unauthorized or inappropriate use is the sole responsibility of the Customer.


7. LIABILITY

Customer assumes full liability for its employees, agents, and contractors for any misuse of the Images.


8. PAYMENT

Customer is responsible for providing a valid credit card number or PayPal account at the time it purchases a license to any Images from Signature Stock. Customer represents and warrants that it is an authorized user of such credit card or PayPal account, and it agrees to pay all charges resulting from Signature Stock’s services at the applicable price. Customer agrees that Signature Stock may pass its credit card information or PayPal account information and related personally identifiable information to Signature Stock’s designated service provider(s) for their use in charging Customer for appropriate services. All charges are exclusive of sales or other taxes and Customer is responsible for payment of any applicable state, local and city taxes.


9. ALTERATIONS

Manipulating an Image in a Photoshop-type image editing program in an attempt to alter the composition and/or the content to create a “new” image that Signature Stock has no dominion over is strictly prohibited. Purchase of a smaller-size Image and then attempting to increase file size with digital interpolation is also strictly prohibited. If required, an Image may be altered only after written confirmation from Signature Stock.


10. RESALE

It is prohibited to resell any Images or content from Signature Stock to another individual or entity.


11. VIOLATION OF TERMS

If it becomes apparent that any terms of this Agreement have been abused or violated in any way, Customer’s license will be rendered null and void without a right for a refund, and all legal actions available will be taken by Signature Stock to protect its property and the copyright of the Image.


12. REFUNDS

After a sale has been finalized, there will be no refund of money paid to Signature Stock, regardless of whether the Image has been utilized by Customer. However, under special circumstances, an exchange for a different Image may be possible, but never without prior written permission from Signature Stock. If Customer elects not to use the Image, the project is placed on hold, or there is a change of budget or creative direction, Signature Stock is not obligated to refund money. It is Customer’s choice not to utilize the image Customer has selected and paid for.


13. OBJECTIONS

Objections to these terms must be made in writing before Image usage. Use of Images constitutes acceptance of these terms.


14. WARRANTY

The use of the Site and the Images is at Customer’s own risk and provided on an “as is” basis. All Images are licensed to Signature Stock and Signature Stock makes no warranties or representations about the validity or ownership of the copyright in the Images. SIGNATURE STOCK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Signature Stock. Accordingly, Signature Stock assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

IN NO EVENT SHALL SIGNATURE STOCK BE LIABLE FOR any indirect, exemplary, SPECIAL, incidental, or consequential damages, losses or expenses arising out of or otherwise relating to this site or SIGNATURE STOCK’s services, however caused, even if SIGNATURE STOCK has been advised of the possibility or likelihood of such damages. Notwithstanding anything in this Agreement to the contrary, SIGNATURE STOCK shall not be liable for any amount in excess of three (3) times the amount of fees received by SIGNATURE STOCK.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to Customer. In such states and jurisdictions, Signature Stock’s liability shall be limited to the greatest extent permitted by law.


15. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold Signature Stock, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Customer’s violation of this Agreement, any unauthorized use of the Images or Content or any claims for intellectual property infringement.


16. JURISDICTION

Customer expressly agrees that exclusive jurisdiction for any dispute with Signature Stock, or in any way relating to Customer’s use of the Site or Images, or this Agreement, resides in the courts of the State of Oklahoma and Customer further agrees and expressly consents to the exercise of personal jurisdiction in the courts of the State of Oklahoma in connection with any such dispute including any claim involving Signature Stock or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement is governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles.


17. PRIVACY POLICY

The Signature Stock Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement.


18. PASSWORDS

OklahomaImages.com has several tools that allow Customers to record and store information. Customer is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to Customer’s OklahomaImages.com passwords or accounts. It is Customer’s sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of Customer’s OklahomaImages.com account and password; (3) promptly inform Signature Stock of any need to deactivate a password. Customer grants Signature Stock and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use Customer’s information in connection with the operation of the Site. Signature Stock cannot and does not assume any responsibility or liability for any information Customer submits, or Customer’s or third parties’ use or misuse of information transmitted or received using OklahomaImages.com tools and services.


19. TRADEMARKS

SIGNATURE STOCK™ and OklahomaImages.com™ are trademarks and/or service marks of Signature Stock. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.


20. MISCELLANEOUS

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.


21. CONTACT INFORMATION.

If Customer have any questions or comments about this Site or its services, please contact Signature Stock at support@OklahomaImages.com or by mail at P.O. Box 1233, Edmond, OK 73083.