For Personal Use Only
Photographic prints are intended for your personal use only. The image is copyright protected with all rights reserved. Purchase of printed images does not allow you to make copies of, sell, or publish images in any form. See below for rights associated with digital images.
Limited Publication Rights
In short, you are allowed to modify, copy, and incorporate purchased digital images in advertising, communications, marketing, and promotional materials, multimedia projects, video, graphic design projects and general creative works that you design for yourself or your clients with limitations as set below. You are not purchasing the copyright, only the royalty-free use of the image. Unless otherwise stated, these images do not come with model or property releases so your use may be limited by that. For more information on releases check out this website.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (hereafter "LICENSEE") AND JACKIE JOHNSTON OF WINE COUNTRY CREATIONS (hearafter "WINE COUNTRY CREATIONS"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE ANY PRODUCT. BY PURCHASING THIS PRODUCT FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT PURCHASE THIS PRODUCT OFFERED BY WINE COUNTRY CREATIONS. THESE IMAGES ARE COPYRIGHT PROTECTED.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
ALL OF THE IMAGES ARE COPYRIGHTED MATERIAL BY JACKIE JOHNSTON.
1. GRANT OF LICENSE
Wine Country Creations grants Licensee a nontransferable, nonexclusive, license to the image from this website and to use the Licensed image subject to the Usage Limitations hereunder.
2. USAGE LIMITATIONS
(a) Licensee may:
(i) Use the image or CD on only one computer at any one time; (ii) modify, copy, and incorporate the images in advertising, communications, marketing, and promotional materials, multimedia projects, video, graphic design projects and general creative works that you design for yourself or your clients.
(b) Licensee may not use the images in any way that is not specifically allowed by this Agreement. Without limiting the generality of the foregoing you may not:
(i) Copy the CD in its entirety or otherwise substantially reproduce the contents of the CD; (ii) copy any image from the CD onto more than one computer at a time; (iii) redistribute or resell the disc or any or all of the images, or modified versions of the images including, but not restricted to, portions of the images incorporated into other images, as another image library, or as another type of product which is similar to, or competes with, this product; (iv) rent, lease, time-share or sub-license the CD or any of the images; (v) place (for purposes of access) any of the images on a computer network, internet, intranet, computer bulletin board or other form of on-line or internet-accessible service; (vi) use any Wine Country Creations product for the purpose of creating a product or products for resale (with the exception of books, book jackets and CD covers), such as software, greeting cards, stationary, posters/prints, T-shirts, or calendars for commercial sales, in which the primary value of the product for sale is the image itself. If this type of usage is required, please contact Wine Country Creations to arrange for special licensing by calling (509) 545-5663 (SEE BELOW FOR FURTHER DETAILS).
3. MODEL RELEASES
The use of a Model Release is designed to hold both the photographer and the Licensee free of liability associated with usage. However, it does not cover all possible uses. Images may not endorse, promote, represent or be used in connection with alternative (gay and/or lesbian) lifestyles; alcohol; tobacco; illegal drugs; psychological, psychotropic, and/or physical disorders; criminal and/or anti-social behaviors; sexual and/or pornographic contexts; and/or controversial political views. In addition, any uses which may be construed by the model as degrading, offensive, defamatory or which deal with controversial subjects of any kind are not covered in the releases Wine Country Creations has in its possession. Such uses, if they are made at all, must be approved in writing by Wine Country Creations prior to usage. Inquiries may be made by contacting Jackie Johnston via http://www.winecountrycreations.com/contact.asp.
Model releases are NOT available in most cases. Licensee shall indemnify Wine Country Creations against any and all claims arising out of the use of an image for which a release has not been obtained. Model release inquiries must be made in writing prior to usage or publication. In any event, the limit of liability of Wine Country Creations shall be no more than the amount paid by Licensee for license for any such image.
4. UNAUTHORIZED USE
Without limiting Wine Country Creations’ rights or remedies with respect to any licensed image, unauthorized use of a licensed images may constitute copyright infringement, entitling Wine Country Creations to exercise all rights and remedies under United States or other Copyright laws, including but not limited to an injunction preventing further use and damages up to $100,000 for each willful infringement. Licensee acknowledges and agrees that, in light of the value of a licensed image, there may not be a sufficient remedy at law for unauthorized use of such licensed images and that Wine Country Creations shall be entitled, without waiving any other rights or remedies, to the issuance without bond of ex-parte preliminary or permanent injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
5. LIMITED WARRANTY
Wine Country Creations warrants that for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the product by which the images are furnished, under normal use, will be free from defects in materials and workmanship. Wine Country Creations’ entire liability and your exclusive remedy under this warranty (which is subject to you returning this product to Wine Country Creations’ with a copy of your receipt) will be, at Wine Country Creations’ option, to replace the product or to refund the purchase price and terminate this Agreement.
6. DISCLAIMER OR WARRANTIES
NEITHER WINE COUNTRY CREATIONS NOR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUPPLIERS REPRESENT OR WARRANT THE RELIABILITY, TIMELINESS OR COMPLETENESS OF THE LICENSED IMAGES OR THAT THE SAME IS NON-INFRINGING OR COPYRIGHT OR OTHER RIGHTS. ANY USE OF A LICENSED IMAGE SHALL BE AT LICENSEE'S SOLE RISK. THE LICENSED IMAGES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH THE SOLE EXCEPTION OF THE LIMITED WARRANTY DESCRIBED IN THE PRECEDING PARAGRAPH. WINE COUNTRY CREATIONS DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET LICENSEE'S REQUIREMENTS, OR WILL OPERATE WITH THE COMBINATION OF HARDWARE AND SOFTWARE SELECTED BY LICENSEE.
7. LIMITATION OF LIABILITY
In no event shall Wine Country Creations or its officers, employees, agents, representatives, or suppliers be liable for any indirect, incidental, special or consequential damages arising out of or relating to any licensed image, whether based in warranty, tort, contract, failure of essential purpose, or otherwise. This limitation will apply even if Wine Country Creations or an authorized dealer has been advised of the possibility of such damage. In no event shall Wine Country Creations’ liability hereunder exceed the license fees paid by Licensee hereunder.
8. INTELLECTUAL PROPERTY RIGHTS
As between Wine Country Creations’ and Licensee, Wine Country Creations retains all right, title and interest, including copyrights and other intellectual property rights, in and to the licensed images.
9. TERM AND TERMINATION
This Agreement is effective as of the date entered into by Licensee and shall remain in effect unless terminated in accordance with this Agreement. Licensee may terminate this Agreement at any time upon notice to Wine Country Creations. Wine Country Creations may terminate this Agreement upon notice to Licensee in the event that Licensee materially breaches any of its obligations under this Agreement. Upon termination of this Agreement for any reason, the license(s) granted hereunder shall terminate and Licensee must immediately (i) stop using the licensed image(s) and (ii) delete or destroy all copies of the licensed image(s) or, upon request of Wine Country Creations, return all such copies to Wine Country Creations.
10. INDEMNIFICATION
Licensee agrees to defend, indemnify and hold harmless RBP and its officers, employees, agents, representatives, or suppliers from and against all claims and expenses (including reasonable attorneys' fees and expenses) arising out of any unauthorized use of a licensed image by Licensee or any third party to whom Licensee has provided copies of, or access to, a licensed image or any breach by Licensee of the terms of this Agreement.
11. SURVIVAL
The terms of paragraphs: 3, 4, 5, 6, 7, 8, 9, 12 and this Section 11 shall survive any termination of this Agreement.
12. MISCELLANEOUS
Licensee represents to Wine Country Creations that Licensee has the full right and authority to enter into this Agreement. This Agreement constitutes the complete and exclusive agreement between Wine Country Creations and Licensee with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements with respect to the subject matter hereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. Waiver by a party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent or other breach. This agreement shall be construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. In any dispute arising out of this agreement, Licensee consents to the exclusive jurisdiction of the State of Washington and venue in the state and Federal courts within Washington. Licensee may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Wine Country Creations. This Agreement shall be binding on and inure to the benefit of the parties hereto, their successors and permitted assigns.