Information For Clients

 
Top Left Solid Corner

Terms & Conditions

Top Right Solid Corner
Silhouette of a Whale Shark
Silhouette of a Whale Shark, Rhincodon typus, Thailand, Andaman Sea, Indian Ocean. Picture #: 002864

DISCLAIMER:

All images on this website are copyright protected. Use of image is subject to issuance and payment for a licensing agreement. Please read the Terms and Conditions carefully, as use of our images constitutes a legal and binding agreement between you and SeaPics.com, Inc.

 

RESTRICTIONS ON USE:

Material from SeaPics.com may not be copied, distributed, reproduced, recreated, republished, uploaded, downloaded, posted, transferred or transmitted in any way without the prior written consent of SeaPics.com, Inc., other than as stipulated in these Terms and Conditions, or as specified in our invoice, once said invoice is paid in full.

 

PERMITTED USAGE:

Low resolution digital photography files on this web site are for examination only. Such files including but not limited to thumbnails and larger preview or enlarged view files may be downloaded for use in comprehensive layouts or comps.

Students are permitted to use low resolution or thumbnail view images for school project use only. No e-mailing or website use of images is allowed. No other rights are granted.

High resolution digital photography files may not be reproduced or used in any way without (A) express written permission on our invoice stating the rights granted and the terms thereof, and (B) payment of said invoice. The reasonable and stipulated fee for any other usage shall be three times our normal fee for such usage.

Sale of rights for print use does not confer any rights for electronic usage. No usage is granted for Internet, CD-ROM, or other electronic or digital use or new media subsequently developed unless specifically authorized on our invoice.

Unless specifically extended on our invoice, usage rights are limited to one time non-exclusive print rights in one language/one country.

Digital photography files must not be stored or archived – all files are to be destroyed within two weeks after use or within two weeks after receipt if not selected for use.

 

COPYRIGHT REQUIREMENTS:

All of our stock photos are copyrighted by their respective photographers and by SeaPics.com, Inc. Unless otherwise stipulated, any use must be accompanied by copyright notice listing photographer and agency (© Photographer’s Name/ SeaPics.com), and a minimum of two complimentary copies of use must be provided to SeaPics.com. Unless expressly waived on invoice, all fees quoted assume these conditions. In the event of failure to comply fully with these provisions, the usage fee shall be doubled. Recipient hereby expressly consents to the jurisdiction of the Federal Courts with respect to claims under the copyright Act of 1976, as amended, and agrees to be bound by Article 2 of the Uniform Commercial code.

 

PAYMENT TERMS:

Payment of the invoice herein is to be net thirty (30) days. Thereafter, a service charge of one and one half (1.5%) percent per month (18% per year) is applied on the balance until paid in full. Receipt of an invoice outlining fees and subsequent rights does not constitute copyright clearance nor permit use or distribution of an image. Licensing rights are conveyed only upon SeaPics.com, Inc.’s receipt of payment in full of the amount invoiced.

All payments must be made by: 1) A check drawn on a U.S. bank; 2) Wire transfer; 3) A money order in U.S. $; 4) A check drawn on a bank outside the USA (please add $20.00 U.S. surcharge to cover bank charges); or 5) Credit cards through PayPal (a small surcharge will be added).

 

INDEMNITY:

Recipient assumes full liability for its employees, agents, messengers, and freelance researchers for any misuse of the images, and agrees to indemnify and hold SeaPics.com, Inc., 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.

 

WARRANTY:

SeaPics.com, Inc. does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.