The MountainStockPhotos.com or CoastalStockPhotos.com website permits the use of photographs for reproduction purposes after negotiating a valid usage license between Mountain and Coastal Stock Photography and any interested party(s) ("Client"). All such transactions are governed by the Terms of Use below.
No downloading or copying for personal or commercial use of any visual content found on MountainStockPhotos.com or CoastalStockPhotos.com may be made prior to purchasing a license. Canadian and international copyright laws protect all visual content on MountainStockPhotos.com and CoastalStockPhotos.com.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN THE CLIENT AND MOUNTAIN & COASTAL STOCK PHOTOGRAPHY, AND IS AUTOMATICALLY ENTERED INTO AT THE TIME OF PURCHASE.
NO FURTHER CONTRACT IS REQUIRED FOR THE IMMEDIATE USE OF A PURCHASED IMAGE(S). THE CLIENT MAY WANT TO KEEP A PRINTED COPY OF THIS AGREEMENT FOR THEIR RECORDS.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE CONTINUING TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE(S). BY USING THIS SITE AND PURCHASING IMAGES FROM IT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THIS SITE.
Unless otherwise negotiated and made lawful in written form, all images purchased from MountainStockPhotos.com or CoastalStockPhotos.com are licensed under the following terms:
Use:
One time only. An image may be used only once, in one (1) project and for one (1) use. Additional licenses may be purchased if multiple uses of an image are required.
Purpose:
An image may be used for a variety of purposes from editorial to advertising, but is limited by the size of the file purchased.
Exclusivity:
Mountain and Coastal Stock offers a NON-exclusive term:
A maximum term of 1 year is imposed for publication, editorial and other commercial clients.
2 year term for tourism boards. A new license may be purchased after the current term has expired.
Exclusive use agreements are available on request.
Electronic Rights:
The purchase of a high-resolution image for print use does not automatically include electronic rights (web and internet use). On the other hand, low-resolution (72dpi) images are sold for electronic use on websites only, and shall never be used in print.
Storage:
Downloaded files may not be stored or archived - all files are to be destroyed within two weeks after their one-time use.
Copyright:
The copyright to all images and to all content on MountainStockPhotos.com and CoastalStockPhotos.com 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.
Model or Property Releases:
Unless otherwise indicated, it is assumed that any and all image(s) on MountainStockPhotos.com and CoastalStockPhotos.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 advertising purposes, but may be used for editorial purposes. No paper releases are on file with Mountain and Coastal Stock, but instead are on file with the copyright holder. Any unauthorized or inappropriate use is the sole responsibility of the Client.
Liability:
You assume full liability for your employees, agents, messengers, and freelance researchers for any misuse of the images.
Payment:
All purchases must be made via MountainStockPhotos.com and CoastalStockPhotos.com. Payment can be made via PayPal. Checks or money orders will only be accepted after prior negotiation if no other payment options are available to the Client.
Non-Payment:
Once an image (s) has been selected, purchased and downloaded, a lack of funds or the cancellation of the bank account, credit or debit card, or the refusal of payment by the financial institution associated with the payment will constitute willful copyright infringement.
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 Mountain and Coastal 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 Mountain and Coastal Stock.
Resale:
It is prohibited to resell any image(s) or content from Mountain and Coastal Stock to another individual or entity.
Illegal Uses:
Archiving, republishing, transmitting or altering any image(s) found on MountainStockPhotos.com or CoastalStockPhotos.com in support of illegal, fraudulent or misleading activities is strictly prohibited. In the event that the image(s) requested are to be utilized in supporting sexually graphic materials or sexually oriented messages, prior notice and permission must be obtained from Mountain and Coastal Stock before downloading any content from the site. At no point in time is it to be assumed that permission will be granted.
Violation of Terms:
If it becomes apparent that any terms of this agreement have been abused or violated in any way, your purchased license(s) for the image(s) in question will be rendered null and void without a right for a refund, and all legal actions available will be taken by Mountain and Coastal Stock to protect its property and the copyright of the image(s) in question. Misuse of image can result in 3x charge of the current applicable usage rates.
Refunds:
After a sale has been finalized, there will be no refund of money paid to Mountain and Coastal Stock, regardless if the image(s) have been utilized in the allotted timeframe or not. However, under special circumstances, an exchange for a different image(s) may be possible, but never without prior written permission from Mountain and Coastal Stock. If you elect not to use the image(s) during the allotted timeframe, the project is placed on hold, or there is a change of budget or creative direction, Mountain and Coastal Stock is not obligated to refund money. It is your choice not to utilize the image(s) you've selected and paid for. At no time whatsoever, will Mountain and Coastal Stock refund money paid against remaining time on a license.
Objections:
Objections to these terms must be made in writing before image usage. Use of image(s) constitutes acceptance of these terms.
Warranty:
The images on Mountain and Coastal Stock are provided "as is" and exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality of fitness for a particular purpose. Mountain and Coastal Stock will not be liable for any damages of any kind arising from the use of this site.
Indemnification:
Client shall indemnify and hold Mountain and Coastal Stock harmless against any losses, expenses, costs or damages incurred as a result of Client's breach of Terms or unauthorized use of the content and related rights. Any dispute in connection with these Terms including their validity, interpretation, performance or breach shall be resolved by binding arbitration in accordance with the laws of the province of British Columbia and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) (“Institute”).
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