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Please scroll through and read our User Agreement shown below carefully and in its entirety before you continue to use this site or download any image(s). By clicking the “I agree to the terms above” box, you agree to the terms and conditions of this User Agreement. By accepting these terms, a legally binding contract will be formed between you and StockPile Collection.
THE STOCKPILE COLLECTION TERMS AND CONDITIONS OF USE OF THE STOCKPILE COLLECTION IMAGES WEBSITE NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE STOCKPILE COLLECTION, a division of ALASKA STOCK LLC, (hereafter "THE STOCKPILE COLLECTION"). BY CLICKING THE "I ACCEPT" BUTTON, CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. THE STOCKPILE COLLECTION reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. OWNERSHIP OF THIS WEBSITE and ALL IMAGES CONTAINED IN THIS WEBSITE This website is owned and operated by THE STOCKPILE COLLECTION, a division of ALASKA STOCK LLC. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property. The copyrights to the Images on this THE STOCKPILE COLLECTION site are owned by the individual photographers who created the Images and/or THE STOCKPILE COLLECTION. The Images on this site may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these Images beyond the "PERMITTED USAGE," including use on other web sites without the prior written consent of THE STOCKPILE COLLECTION. It is illegal to use any portion of our Images as reference for another photograph, illustration or derivative work in any form. THE STOCKPILE COLLECTION is a registered trademark of THE STOCKPILE COLLECTION LLC. PERMITTED USAGE without PAYMENT Comp Use: THE STOCKPILE COLLECTION grants you a personal, nontransferable, non-exclusive right to copy the Images you have selected onto your computer hard drive and to use the Image(s) and any derivative works or copies (collectively, the "Image(s)") for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and use on one computer and with one user at a time only in the United States. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to THE STOCKPILE COLLECTION. You must contact THE STOCKPILE COLLECTION --- by email: info@alaskastock.com, by phone: 800-487-4285 or 907-276-1343, or by FAX: 907-258-7848 to obtain a license for additional use or purchase the images. Other than the above comp use, Images may not be used in any way, until you purchase the image and then only within the license we offer as listed below. The StockPile Collection Royalty-Free Image Use Agreement This license agreement ("Agreement") is between you ("Licensee"), and THE STOCKPILE COLLECTION, a division of Alaska Stock LLC and governs your use of Licensor’s Images. YOUR PURCHASE OR USE OF ANY IMAGE OR CD-ROM PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE IMAGE (S) UNUSED FOR A FULL REFUND. 1. License Subject to the terms of this license agreement, including payment in full, THE STOCKPILE COLLECTION grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, the images purchased from THE STOCKPILE COLLECTION’S Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single–image) an unlimited number of times, in any and all media for the purposes described below. The StockPile Collection represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and The StockPile Collection of materials, including without limitation, copyright and all other rights, are retained by THE STOCKPILE COLLECTION. 2. Permitted Uses a: Any print media, including advertising and promotional materials, editorial publications and consumer merchandise; b: Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi and such use is not intended to allow re-distribution or re-use of the image(s); c: Broadcast and theatrical exhibitions; d: Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and e: Additional uses approved in writing by THE STOCKPILE COLLECTION Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided THE STOCKPILE COLLECTION’S copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement. 3. Number of Users / Seat License Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from THE STOCKPILE COLLECTION for each additional individual user. Contact the Stock Pile sales team at: info@alaskastock.com or 907-276-1343 for further information. 4. Restrictions on Use Except as provide herein, Licensee may not a: sublicense, sell, assign, convey or transfer any of its rights under this Agreement b: sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file. c: Incorporate the Images into a logo, trademark or service mark. d: Distribute, post or upload the Image(s) online in a downloadable format. e: Use any Image in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or otherwise illegal manner whether directly or in context or juxtaposition with other materials. f: Reverse engineer, decompile, translate, or disassemble any part of the Image(s). g: Remove any copyright, trademark or watermark from any place where it appears on the Image(s). h: Display the Image(s) in any digital electronic format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement under 4 (b & d) above. i: Establish your own rights for these images to third parties as the StockPile Collection, its photographers or its licensors retain the full rights to the Image(s). j: Use the Image(s) to compete with The StockPile Collection. The StockPile Collection is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business. k: Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service. l: Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. m: Use Image(s) or part of the images for any use involving sensitive subject matters, as determined by The StockPile Collection, including but not limited to the following: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, obesity, mental ailments, Homosexual or alternative lifestyles, and physical or mental abuse, without advance written consent from The StockPile Collection and any model in such Image(s). Sensitive subject use pertains to both commercial and editorial uses. Contact The StockPile Collection for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters. 5. Additional Terms The StockPile Collection reserves the right to (i) revoke the use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s), though already purchased and in use by you are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate. The StockPile Collection reserves the right to replace any Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this License Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future uses, products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing uses, products or services. All other rights not expressly granted in this agreement are reserved for The StockPile Collection. The use of any StockPile Collection image in editorial use requires the copyright notice “© [current year] “The StockPile Collection” appear next to the Image(s) or on a credit page. 6. Product Endorsement Or Sensitive Use Disclaimer If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only and have prior written permission from THE STOCKPILE COLLECTION for such use. 7.Releases Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, THE STOCKPILE COLLECTION grants no rights and makes no warranties with regard to the use of names, unrecognizable people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained. 8. Indemnity Licensee agrees to indemnify and hold THE STOCKPILE COLLECTION harmless against all claims arising out of or in connection with any breach of this Agreement. 9. Warranties THE STOCKPILE COLLECTION warrants the Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Image(s). THE STOCKPILE COLLECTION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE STOCKPILE COLLECTION SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF THE STOCKPILE COLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. Licensee may have additional rights under state law. 10. Payment Terms No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. And claims for adjustment of terms must be made to THE STOCKPILE COLLECTION within five (5) days of the receipt of the invoice. 11. Termination The license contained in this Agreement will terminate automatically without notice from THE STOCKPILE COLLECTION if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of THE STOCKPILE COLLECTION, return the Images to THE STOCKPILE COLLECTION, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical). 12. Revocation Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same. 13. Severability If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable. 14. Choice of Law This Agreement will be governed in all respects by the laws of the State of Alaska, United States without reference to its laws relating to conflicts of law. Licensee agrees that the Federal District Court of the State of Alaska, Anchorage and the United States District Court for the District of Alaska, United States are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. 15. Waiver No action of THE STOCKPILE COLLECTION, other than express written waiver, may be construed as a waiver of any provision of this Agreement. 16. Entire Contract This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.
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