TOM JELEN VIRTUAL Photo Services WEBSITE USER AGREEMENT TERMS AND CONDITIONS OF USE
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT, AS THE CASE MAY BE (COLLECTIVELY "YOU") AND TOM JELEN VIRTUAL PHOTO Services. "TOM JELEN VIRTUAL PHOTO Services" WHEN USED HEREIN SHALL MEAN TOM JELEN VIRTUAL PHOTO Services, ITS LICENSORS, DISTRIBUTORS AND/OR ANY OF THEIR RESPECTIVE AFFILIATES. PLEASE REVIEW THESE TERMS AND CONDITIONS FULLY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE FROM THIS WEBSITE. BY USING THIS SITE OR DOWNLOADING ANY IMAGE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THIS SITE. TOM JELEN VIRTUAL PHOTO SERVICES RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THIS AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE. OWNERSHIP OF THIS WEBSITE This website is owned by TOM JELEN VIRTUAL PHOTO Services. All elements of the site, including the content, the general design, text, graphics, photographs, images, illustrations and software are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property and copyright. All images and related information (collectively referred to as "Images") are owned by TOM JELEN VIRTUAL PHOTOGRAPHY, SEVERCES. The copyrights to the Images on this website are owned by the individual photographers who created the images and/or TOM JELEN VIRTUAL PHOTO SERVICES or Virtual Photo Services. The Images on this site may only be used as outlined under "Grant of Rights" below. You may obtain express permission, in the form of a license, to use the Images on this website. The Images are not sold; they are licensed as described in the written documents that accompany the Image (delivery memo, rights release and payment invoice). All Images are licensed under the Terms and Conditions as specified at time of purchase. GRANT OF RIGHTS; IMAGE USAGE TOM JELEN VIRTUAL PHOTO SERVICES grants you a personal, non-exclusive and non-transferable right to copy Image(s) from this site onto one computer for one user at a time for Comp Usage and browsing only. Comp Usage means the creation of a rough layout or comprehensive rendering of a proposed work as in-house presentations, storyboards, or rough draft designs for yourself or your clients. Usage of an Image beyond the limited Comp Usage right granted herein constitutes willful copyright infringement and is punishable to the fullest extent of the law. NO REPRODUCTION RIGHTS ARE GRANTED OR IMPLIED HEREIN. Images cannot be sold or distributed or used for advertising, brochures, editorial publications, multimedia, or any other use without the prior written permission of TOM JELEN VIRTUAL PHOTO SERVICES. To obtain reproduction rights you must contact: TOM JELEN VIRTUAL PHOTO SERVICES, 7602 TURNBERRY TRAIL VILLAGE OF LAKEWOOD IL 60014, 815 444 7174, TOMJELENVIRTUALS.COM. AND VIRTUAL PHOTO SERVICES.COM, TOM JELEN VIRTUAL PHOTO SERVICES and its licensors retain all rights not expressly granted by this Agreement without any limitations whatsoever. Additional Use: TOM JELEN VIRTUAL PHOTO SERVICES grants you the non-exclusive right to use the Images according to the rights selected and indicated in the documents transmitted to you with the Image (delivery memo, rights release and payment invoice) and for no other purpose, including promotional and/or electronic usage. Use beyond the terms of the limited license agreement without first obtaining an additional license is strictly prohibited. Other than the above Comp Use, Images may not be used in any way until an invoice indicating your right to use the Image is paid in full and no rights are granted by your possession of an Image or the delivery documents. Exclusive rights may only be granted by TOM JELEN VIRTUAL PHOTO SERVICES subject to the availability of such rights and subject to additional fees. Exclusive rights cannot be obtained through the website. You must contact TOM JELEN VIRTUAL PHOTO SERVICES directly to inquire about exclusivity. Use is granted for the United States only, unless otherwise specified. Full credit and copyright information must remain with the file. RESTRICTIONS AS TO USE You may not remove any copyright, watermarks or other notices contained in the Images and information. TOM JELEN VIRTUAL PHOTO SERVICES reserves the right to restrict or remove your access to this site at any time, or revoke your authorization to view, download and use the Images and information on this site at any time, and you shall immediately discontinue your use upon written notice from TOM JELEN VIRTUAL PHOTO SERVICES. This site could include technical or other mistakes, inaccuracies or typographical errors. You are solely responsible for determining whether your use of an Image or any related information is appropriate for your intended use and complies with any applicable laws or customs. It is illegal to copy or reproduce any Image beyond the terms in the "Grant of Rights" section, including use on other websites or any derivative use without the prior written consent of TOM JELEN VIRTUAL PHOTO SERVICES. It is illegal to use any portion of an Image as reference for another photograph or illustration in any form. Images may not be used in any materials distributed outside of your company or to the public, including, but not limited to, any online or other electronic distribution system (except you may transmit comps digitally or electronically to your clients for their review) and may not be sold, transferred, assigned or sublicensed alone or as part of any product. You agree that you will not use any Image for any unlawful purpose, to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark of any entity, or in any way that could be considered defamatory, pornographic, libelous or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. TOM JELEN VIRTUAL PHOTO SERVICES reserves the right to deny any use of an Image which it determines to be inappropriate. You may not 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 to or used by anyone other than the authorized users, without prior written consent from TOM JELEN VIRTUAL PHOTO SERVICES. You may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations. RELEASES No model releases or other releases exist on any Images unless the existence of such release is specified in a separate writing by TOM JELEN VIRTUAL PHOTO SERVICES. NO WARRANTIES; DISCLAIMERS THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND TOM JELEN AND VIRTUAL PHOTO SERVICES EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATABILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. WITHOUT LIMITING THE FOREGOING, TOM JELEN VIRTUAL PHOTO SERVICES GIVES 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 PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTIONS ARE SECURED. TOM JELEN VIRTUAL PHOTO SERVICES IDENTIFIES CAPTIONS FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE. TOM JELEN VIRTUAL PHOTO SERVICES DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR ANY IMAGE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TOM JELEN VIRTUAL PHOTOGRAPHY IS NOT RESPONSIBLE FOR THOSE COSTS. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. There may be links to other websites from this website. These links are provided solely as a convenience to you and not as an endorsement by TOM JELEN VIRTUAL PHOTO SERVICES of the contents on such third-party websites. These other websites are not controlled by TOM JELEN VIRTUAL PHOTO SERVICES, TOM JELEN VIRTUAL PHOTO SERVICES is not responsible for any content contained on any such website and does not make any representations regarding the content or accuracy of materials on such third party websites. TOM JELEN VIRTUAL PHOTOGRAPHY is not responsible for any loss suffered by you in relation to your use of such websites and you waive any and all claims against TOM JELEN VIRTUAL PHOTO SERVICES regarding the inclusion of links to outside websites or your use thereof. If you decide to access linked third-party websites, you do so at your own risk. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL TOM JELEN VIRTUAL PHOTO SERVICES OR ITS IMAGE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY IMAGE OR (B) THE INABILITY TO OBTAIN ADDITIONAL RIGHTS TO ANY IMAGES (INCLUDING MAKING ADDITIONAL COPIES) EVEN IF TOM JELEN VIRTUAL PHOTO SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE, HIS OR HER REPRESENTATIVE AND TOM JELEN VIRTUAL PHOTO SERVICES SHALL BE THE FEE PAID FOR THE IMAGE TO TOM JELEN VIRTUAL PHOTO SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU, NOT TOM JELEN AND VIRTUAL PHOTO SERVICES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. INDEMNIFICATION You agree to indemnify, defend and hold TOM JELEN VIRTUAL PHOTO SERVICES, the owner of the Image and the copyright holder, harmless from and against any and all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses and expert fees, arising out of the use of any Image, any breach of this Agreement by you or any other liabilities arising out of your use of the website. DISPUTE RESOLUTION AND GOVERNING LAW Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Chicago, Illinois, 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. You agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. For copyright claims you consent to the exclusive jurisdiction of the state or federal courts within the State of Illinois and you submit to the personal jurisdiction of such courts for such purpose. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Illinois without regard to its conflicts of laws principles. If you are an agent for or an employee of a non-U.S. company but do business in or operate in a place of business in the United States or its territories, you expressly agree that any dispute regarding this Agreement shall be adjudicated within the United States in the manner described herein. If TOM JELEN VIRTUAL PHOTO SERVICES is caused to present claims or suit as a result of your breach of any of the above terms, it shall be made whole for such reasonable legal fees, expert fees or costs by you. MISCELLANEOUS This Agreement is not assignable or transferable by you. This Agreement contains all the terms of the agreement between us (TOM JELEN VIRTUAL PHOTO SERVICES and you) concerning transmission, delivery and review of Images, and no terms or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of your purchase order. Any subsequent invoice issued to you may contain additional terms relating to the rights granted and the type of usage allowed. Time is of the essence for you to perform all of your obligations for payments. Payment of the invoice herein is to be net thirty (30) days. A service charge of one and one-half percent (1-1/2%) any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made in writing to TOM JELEN VIRTUAL PHOTO SERVICES within ten (10) days after receipt of invoice. No action of TOM JELEN VIRTUAL PHOTOGRAPHY other than an express written waiver may be construed as a waiver of any provision of this Agreement. In the event TOM JELEN AND VIRTUAL PHOTO SERVICES does waive any specific provision of this Agreement, it shall not be construed as the waiver of any other provision hereof. Should any of the provisions of this Agreement be unenforceable, the remaining provisions will remain in full force and effect. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TOM JELEN VIRTUAL PHOTO SERVICES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
2008 © TOM JELEN AND VIRTUAL PHOTO SERVICES. All Rights Reserved.
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT, AS THE CASE MAY BE (COLLECTIVELY "YOU") AND TOM JELEN VIRTUAL PHOTO Services. "TOM JELEN VIRTUAL PHOTO Services" WHEN USED HEREIN SHALL MEAN TOM JELEN VIRTUAL PHOTO Services, ITS LICENSORS, DISTRIBUTORS AND/OR ANY OF THEIR RESPECTIVE AFFILIATES. PLEASE REVIEW THESE TERMS AND CONDITIONS FULLY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE FROM THIS WEBSITE. BY USING THIS SITE OR DOWNLOADING ANY IMAGE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THIS SITE. TOM JELEN VIRTUAL PHOTO SERVICES RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THIS AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE. OWNERSHIP OF THIS WEBSITE This website is owned by TOM JELEN VIRTUAL PHOTO Services. All elements of the site, including the content, the general design, text, graphics, photographs, images, illustrations and software are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property and copyright. All images and related information (collectively referred to as "Images") are owned by TOM JELEN VIRTUAL PHOTOGRAPHY, SEVERCES. The copyrights to the Images on this website are owned by the individual photographers who created the images and/or TOM JELEN VIRTUAL PHOTO SERVICES or Virtual Photo Services. The Images on this site may only be used as outlined under "Grant of Rights" below. You may obtain express permission, in the form of a license, to use the Images on this website. The Images are not sold; they are licensed as described in the written documents that accompany the Image (delivery memo, rights release and payment invoice). All Images are licensed under the Terms and Conditions as specified at time of purchase. GRANT OF RIGHTS; IMAGE USAGE TOM JELEN VIRTUAL PHOTO SERVICES grants you a personal, non-exclusive and non-transferable right to copy Image(s) from this site onto one computer for one user at a time for Comp Usage and browsing only. Comp Usage means the creation of a rough layout or comprehensive rendering of a proposed work as in-house presentations, storyboards, or rough draft designs for yourself or your clients. Usage of an Image beyond the limited Comp Usage right granted herein constitutes willful copyright infringement and is punishable to the fullest extent of the law. NO REPRODUCTION RIGHTS ARE GRANTED OR IMPLIED HEREIN. Images cannot be sold or distributed or used for advertising, brochures, editorial publications, multimedia, or any other use without the prior written permission of TOM JELEN VIRTUAL PHOTO SERVICES. To obtain reproduction rights you must contact: TOM JELEN VIRTUAL PHOTO SERVICES, 7602 TURNBERRY TRAIL VILLAGE OF LAKEWOOD IL 60014, 815 444 7174, TOMJELENVIRTUALS.COM. AND VIRTUAL PHOTO SERVICES.COM, TOM JELEN VIRTUAL PHOTO SERVICES and its licensors retain all rights not expressly granted by this Agreement without any limitations whatsoever. Additional Use: TOM JELEN VIRTUAL PHOTO SERVICES grants you the non-exclusive right to use the Images according to the rights selected and indicated in the documents transmitted to you with the Image (delivery memo, rights release and payment invoice) and for no other purpose, including promotional and/or electronic usage. Use beyond the terms of the limited license agreement without first obtaining an additional license is strictly prohibited. Other than the above Comp Use, Images may not be used in any way until an invoice indicating your right to use the Image is paid in full and no rights are granted by your possession of an Image or the delivery documents. Exclusive rights may only be granted by TOM JELEN VIRTUAL PHOTO SERVICES subject to the availability of such rights and subject to additional fees. Exclusive rights cannot be obtained through the website. You must contact TOM JELEN VIRTUAL PHOTO SERVICES directly to inquire about exclusivity. Use is granted for the United States only, unless otherwise specified. Full credit and copyright information must remain with the file. RESTRICTIONS AS TO USE You may not remove any copyright, watermarks or other notices contained in the Images and information. TOM JELEN VIRTUAL PHOTO SERVICES reserves the right to restrict or remove your access to this site at any time, or revoke your authorization to view, download and use the Images and information on this site at any time, and you shall immediately discontinue your use upon written notice from TOM JELEN VIRTUAL PHOTO SERVICES. This site could include technical or other mistakes, inaccuracies or typographical errors. You are solely responsible for determining whether your use of an Image or any related information is appropriate for your intended use and complies with any applicable laws or customs. It is illegal to copy or reproduce any Image beyond the terms in the "Grant of Rights" section, including use on other websites or any derivative use without the prior written consent of TOM JELEN VIRTUAL PHOTO SERVICES. It is illegal to use any portion of an Image as reference for another photograph or illustration in any form. Images may not be used in any materials distributed outside of your company or to the public, including, but not limited to, any online or other electronic distribution system (except you may transmit comps digitally or electronically to your clients for their review) and may not be sold, transferred, assigned or sublicensed alone or as part of any product. You agree that you will not use any Image for any unlawful purpose, to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark of any entity, or in any way that could be considered defamatory, pornographic, libelous or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. TOM JELEN VIRTUAL PHOTO SERVICES reserves the right to deny any use of an Image which it determines to be inappropriate. You may not 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 to or used by anyone other than the authorized users, without prior written consent from TOM JELEN VIRTUAL PHOTO SERVICES. You may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations. RELEASES No model releases or other releases exist on any Images unless the existence of such release is specified in a separate writing by TOM JELEN VIRTUAL PHOTO SERVICES. NO WARRANTIES; DISCLAIMERS THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND TOM JELEN AND VIRTUAL PHOTO SERVICES EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATABILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. WITHOUT LIMITING THE FOREGOING, TOM JELEN VIRTUAL PHOTO SERVICES GIVES 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 PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTIONS ARE SECURED. TOM JELEN VIRTUAL PHOTO SERVICES IDENTIFIES CAPTIONS FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE. TOM JELEN VIRTUAL PHOTO SERVICES DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR ANY IMAGE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TOM JELEN VIRTUAL PHOTOGRAPHY IS NOT RESPONSIBLE FOR THOSE COSTS. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. There may be links to other websites from this website. These links are provided solely as a convenience to you and not as an endorsement by TOM JELEN VIRTUAL PHOTO SERVICES of the contents on such third-party websites. These other websites are not controlled by TOM JELEN VIRTUAL PHOTO SERVICES, TOM JELEN VIRTUAL PHOTO SERVICES is not responsible for any content contained on any such website and does not make any representations regarding the content or accuracy of materials on such third party websites. TOM JELEN VIRTUAL PHOTOGRAPHY is not responsible for any loss suffered by you in relation to your use of such websites and you waive any and all claims against TOM JELEN VIRTUAL PHOTO SERVICES regarding the inclusion of links to outside websites or your use thereof. If you decide to access linked third-party websites, you do so at your own risk. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL TOM JELEN VIRTUAL PHOTO SERVICES OR ITS IMAGE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY IMAGE OR (B) THE INABILITY TO OBTAIN ADDITIONAL RIGHTS TO ANY IMAGES (INCLUDING MAKING ADDITIONAL COPIES) EVEN IF TOM JELEN VIRTUAL PHOTO SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE, HIS OR HER REPRESENTATIVE AND TOM JELEN VIRTUAL PHOTO SERVICES SHALL BE THE FEE PAID FOR THE IMAGE TO TOM JELEN VIRTUAL PHOTO SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU, NOT TOM JELEN AND VIRTUAL PHOTO SERVICES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. INDEMNIFICATION You agree to indemnify, defend and hold TOM JELEN VIRTUAL PHOTO SERVICES, the owner of the Image and the copyright holder, harmless from and against any and all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses and expert fees, arising out of the use of any Image, any breach of this Agreement by you or any other liabilities arising out of your use of the website. DISPUTE RESOLUTION AND GOVERNING LAW Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Chicago, Illinois, 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. You agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. For copyright claims you consent to the exclusive jurisdiction of the state or federal courts within the State of Illinois and you submit to the personal jurisdiction of such courts for such purpose. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Illinois without regard to its conflicts of laws principles. If you are an agent for or an employee of a non-U.S. company but do business in or operate in a place of business in the United States or its territories, you expressly agree that any dispute regarding this Agreement shall be adjudicated within the United States in the manner described herein. If TOM JELEN VIRTUAL PHOTO SERVICES is caused to present claims or suit as a result of your breach of any of the above terms, it shall be made whole for such reasonable legal fees, expert fees or costs by you. MISCELLANEOUS This Agreement is not assignable or transferable by you. This Agreement contains all the terms of the agreement between us (TOM JELEN VIRTUAL PHOTO SERVICES and you) concerning transmission, delivery and review of Images, and no terms or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of your purchase order. Any subsequent invoice issued to you may contain additional terms relating to the rights granted and the type of usage allowed. Time is of the essence for you to perform all of your obligations for payments. Payment of the invoice herein is to be net thirty (30) days. A service charge of one and one-half percent (1-1/2%) any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made in writing to TOM JELEN VIRTUAL PHOTO SERVICES within ten (10) days after receipt of invoice. No action of TOM JELEN VIRTUAL PHOTOGRAPHY other than an express written waiver may be construed as a waiver of any provision of this Agreement. In the event TOM JELEN AND VIRTUAL PHOTO SERVICES does waive any specific provision of this Agreement, it shall not be construed as the waiver of any other provision hereof. Should any of the provisions of this Agreement be unenforceable, the remaining provisions will remain in full force and effect. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TOM JELEN VIRTUAL PHOTO SERVICES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
2008 © TOM JELEN AND VIRTUAL PHOTO SERVICES. All Rights Reserved.
LEGAL
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