North Wind Picture Archives

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Please read the Terms and Conditions below before retrieving your Images.
TERMS OF USE FOR THE NORTH WIND PICTURES WEB SITE

Notice to User:  This is a legal agreement between you (User) and North Wind Picture Archives, hereafter referred to as North Wind Pictures.  By clicking the "I ACCEPT" button, you agree to be bound by the terms of this Agreement.

OWNERSHIP OF THE WEBSITE:

This website is owned and operated by North Wind Picture Archives.  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.

PERMITTED USAGE:

North Wind Pictures grants you a personal, nontransferable, nonexclusive right to download the Image you have selected onto your computer hard drive and to use the Image according to the Delivery Memo and Invoice and any agreed upon rights provided in writing by User to North Wind Pictures.  An additional license for reuse must be obtained from North Wind Pictures before republication or reuse of the Image.

If you wish to use an Image and the type of use is not listed on the "Rates" page of the site, contact North Wind Pictures to request a license.  License is granted when payment in full is received.  

PROHIBITED USAGE:

Image use beyond the terms of the license agreement.

Derivative use of an Image without North Wind Pictures' prior written consent.

Image use in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Image use in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any Images on any database without North Wind Pictures' prior written consent.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed or to be used by anyone other than the authorized User, without prior approval from North Wind Pictures.

Sublicense, re-license, rent or lease any Image.

Use of the Image to a business that sells or licenses photographic images, or any enterprise that competes with North Wind Pictures in any manner.

User assumes full liability for its employees, agents, assigns and freelance or contract staff for the misuse of any Image.

RELEASES:

No model releases or other releases exist on any Images unless the existence of such release is specified in writing by North Wind Pictures.

INDEMNITY:

You agree to indemnify and hold North Wind Pictures, and the copyright holder, 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.

NO WARRANTY:

North Wind Pictures makes every effort to provide accurate and complete information.  North Wind Pictures offers no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured.  North Wind Pictures has identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information.  

DELIVERY OF DIGITAL IMAGES:

North Wind Pictures makes every effort to deliver high quality Images promptly to User.  Digital files are provided "as is."  North Wind Pictures makes no representation or warranty, express or implied, concerning merchantability, fitness for particular purpose, quality of image or compatibility with any computer hardware or other equipment, operating system or software program.  North Wind Pictures makes no representation or warranties as to the accuracy of the content, or that the use of the site will be uninterrupted or error free.  

LIMITATION OF LIABILITY:

Under no circumstances will North Wind Pictures be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this site or from your access or use of the images on this site.  In any event, the limit of liability of the copyright owner of the image shall be the fee paid for the image.


UNAUTHORIZED USE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated in your order, the Delivery Memo, the Invoice or written agreement with North Wind, North Wind Pictures agrees to forego the right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to five (5) times the color use fee base rate.  If timely payment is not made, North Wind Pictures shall have the right to sue for copyright infringement and/or breach of contract, for which all damages and remedies available, including attorney's fees and all associated costs will be sought.

RETENTION OF DIGITAL FILES:

North Wind Pictures' copyright information and Image identification number must be retained with all digital files while User retains them.  All images must be deleted from all electronic and removable media and any other copy of the Image must be destroyed, except as licensed under this Agreement.

CREDIT:

Credit to North Wind Pictures is required wherever each image is used.  For any electronic use, on-line or web use, credit to North Wind is required with the Image, not in a separate location, or it will be considered a non-use.  For TV/Video/Film, credit at the end is acceptable.  Failure to grant proper credit will result in additional fees.  If after electronic use or other form of publication it is found that no credit was given, the additional fee will be double the base rate; and, if incorrect credit is given, the additional fee will be triple the base rate.  

Credit to North Wind Pictures shall read "North Wind Picture Archives" or for digital photographs "Nancy Carter/North Wind Picture Archives."  

DISPUTES OR CLAIMS:

Any and all disputes, with the exception of copyright claims, arising out of or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration pursuant to the rules of the American Arbitration Association.  Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction.  If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.  Copyright claims shall be brought in the Federal Court having jurisdiction.

If  North Wind Pictures is caused to present claims or suit as a result of any breach of the terms set forth, it shall be made whole for such reasonable legal fees and costs by User.


MISCELLANEOUS:

This agreement is not assignable or transferable on the part of the User.

This contract contains all the terms of the agreement concerning transmission, delivery, invoicing and payment for Images, and no term or condition may be added or deleted unless first discussed by the parties and stated in writing.  These terms and the terms of any Delivery Memo and subsequent Invoice supersede any and all terms of User's purchase order.  Any subsequent invoice may contain additional terms relating to the rights granted and the type of usage allowed.  

Permission for use is not granted until Invoice is paid in full.  Payment of the Invoice from North Wind Pictures is to be net thirty (30) days, unless otherwise agreed.  

Rights are being reserved to User when an invoice is created.  If the invoiced Image is not used, User must notify North Wind Pictures within ten (10) business days.
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RATES

North Wind Picture Archives | 12 Waterboro Road | Alfred ME 04002
Phone: 800 952-0703 / 207 490-1940 | Fax: 207 490-3627
E-mail: mail@northwindpictures.com