Terms of Use of Website and License Terms for Images

 

Website Terms of Use

 

This Website is owned and operated by Solia Digital Media, LLC d/b/a chaparphotography.com.  This is a legal agreement between you (“you” or “User”) and the owner and operator (“we,” “us” or “Solia”) of the Website at chaparphotography.com (the “Website”).  By your access and use of the Website and the provision of our services to you, you agree to be bound by the terms and conditions set forth in these Terms of Use (“Terms”). 

 

Images uploaded to the Website are made available under the Solia License. Images include but not limited to photographs, vectors, drawings, and illustrations. 

 

Revisions 

 

We reserve the right to revise and update these Terms at any time and for any purpose without notice to Users.  Any such changes will be effective immediately and your continued use of the Website after changes are made constitutes your acceptance of the revised Terms.

 

Privacy

 

You may provide certain personal information, such as your first and last name, the country you live in, Paypal address, and email address, and payment information.  Please see our Privacy Policy for information on how we collect, use, and disclose personal information.

 

Use of the Website

 

The Images and other content may only be used and copied for your own, non-commercial; personal or educational purposes, provided that the Images and other content are not modified and that copyright and other intellectual property notices are not deleted.  You may not create derivative works from or otherwise exploit the Images in any way without prior written consent from chaparphotography.com. 

 

The Website and its content are intended for customers of chaparphotography.com.  You may not use the Website for any purpose not related to the services provided by chaparphotography.com.  You are specifically prohibited from (a) downloading, copying, re-transmitting any of the Website, Images or other content on the Website, or in violation of a written license or agreement with chaparphotography.com; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website, Images or other Content by using framing or other navigational technology; (d) reverse engineering, altering or modifying any part of the Website, Images or other content (e) interfering with, circumventing or disabling the security system or features of the Website or any system resources, services or networks connected to or accessible through the Website (f) selling, licensing, leasing or in any way commercializing the Images without specific written authorization from chaparphotography.com (g) using the Website, Images or other content for purposes other than those intended by chaparphotography.com, as determined solely in chaparphotography.com’’s discretion. 

 

Intellectual Property

 

All Images and other content on this Website are the property of chaparphography.com, or licensed to chaparphotography.com for further license, and may be protected by intellectual property laws, including those related to copyrights, trademarks,  trade-names, internet domain names, and other similar rights.  The domain name and all product or services name or slogan contained on the Website are trademarks of chaparphotography.com and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of chaparphotography.com or the applicable trademark holder.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply any endorsement, sponsorship or recommendation thereof by us.

 

Linked Websites

 

For your convenience, the Website may provide links to third-party websites.  Chaparphotography does not monitor or endorse any third party websites nor does it accept responsibility for any damage or loss caused by such websites or in connection with your use or reliance upon any information, content, goods, and services provided by any third-party websites or linked resources.  

 

Currency of Website

 

Chaparphotography has the sole discretion to update the content on the Website at any time.    Chaparphotography cannot guarantee or accept responsibility or liability for the accuracy, currency or completeness of the information on this Website.  Chaparphotography may review, supplement or delete Images and other content, services and/or the resources contained in the Website and may do so without any prior notification to users.   

 

Internet software or Computer Virus

 

You agree chaparphotography.com shall not be responsible or liable for any software viruses or other destructive, harmful, or disruptive files or programs that may be inadvertently downloaded from this Website and which could cause harm to your computer or other electronic devices.  In addition, chaparphotography.com shall not be responsible or liable for any technical difficulties with the Internet, Internet software, or transmission problems that may produce inaccurate or incomplete copies of information contained on the Website. 

 

Website is Provided “as is”

 

The Website is provided “as is” without representation, warranty or condition of any kind, either express or implied, including without limitations representations, warranties or conditions of merchantability, or fitness for a particular purpose.  Chaparphotography does not guarantee, represent or warrant that your use of the Website will be uninterrupted or free from errors.  

 

Limitation of Liability

 

In no event shall chaparphotograpy.com or any of its directors, officers, employee, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including but not limited to loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising out of these Terms and/or your use of the Website, including reliance upon, access to, or exploitation of the Website, the Images or other content therein, even if you have advised us of the possibility of a loss.  

   

Indemnification

 

You agree to indemnify and hold chaparphotograpy.com harmless against all claims or liability asserted against chaparphotography.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms.      

 

Applicable law

 

This Website is controlled, operated, and administered by chaparphotography,com from within the State of Georgia, USA.  The Website can be accessed by Users in the USA and from other countries around the world.  As various territories may have laws different from the State of Georgia or the USA, you acknowledge and agree that matters relating to your use of the Website shall be governed by the applicable laws of the State of Georgia and the federal laws of the USA.   

 

You agree and acknowledge that any claims or disputes arising out of or in connection with these Terms or your use of the Website shall be exclusively brought in the jurisdiction of and venue of the courts of Rockdale County, Georgia.

 

Should chaparphotography.com fail to enforce strict performance of these Terms, in whole or in part, it shall not be constructed as a waiver of any provision or right in these Terms.  Should any part of these Terms be deemed unenforceable, such shall not affect the enforceability of the remaining parts.  Further, the parties agree that a competent court of law may revise said unenforceable part to create an enforceable term as near as possible to the terms of the unenforceable part thereof. 

 

The Solia License for Image Use

 

Upon payment for any digital purchase you may use any digital image (also “Content”) in digital format for the following permitted uses:

  • on websites, blog posts, social media, advertisements, film and television productions, web and mobile applications
  • in printed materials such as magazines, newspapers, books, brochures, flyers, product packaging
  • for decorative use in your home, office or any public place
  • or personal use

 

The rights granted to you by chaparhotography.com are:

 

Perpetual, meaning there is no expiration or end date on your rights to use the content.

Non-exclusive, meaning that you do not have exclusive rights to use the content. 

 

chaparimages.com can license the same content to other customers.

 

  • Restricted Uses. The following uses are NOT permitted:
  • No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
  • No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute Content as a standalone file (meaning just the content file itself, separate from the project or end use).
  • No Use in Trademark or Logo. You may not use Content as part of a trademark, design mark, tradename, business name, service mark, or logo.
  • No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), CDs, DVDs, mobile applications or other items for resale, license or other distribution for profit.  This includes “on-demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters, and other items (this includes the sale of products through custom-designed websites, as well as sites such as zazzle.com and cafepress.com)
  • No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates). 
  • No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting or deviation/manipulation based on licensed content and claim that you are the author.