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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 Verge Images.
VERGE IMAGES TERMS AND CONDITIONS OF USE OF THE VERGE IMAGES WEBSITE NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VERGE IMAGES, a division of AlaskaStock LLC, (hereafter "VERGE IMAGES"). 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. VERGE IMAGES 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 IMAGES This website is owned and operated by VERGE IMAGES, a division of AlaskaStock 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 Verge Images site are owned by the individual photographers who created the images and/or Verge Images. 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 Verge Images. It is illegal to use any portion of our images as reference for another photograph, illustration or derivative work in any form. PERMITTED USAGE Comp Use: VERGE IMAGES grants you a personal, nontransferable, nonexclusive 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)") 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 VERGE IMAGES. You must contact VERGE IMAGES ( info@alaskastock.com or 800-487-4285 or (907) 276-1343 or FAX (907) 258-7848 to obtain a license for additional use. Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. ADDITIONAL USE Only upon your payment for same, VERGE IMAGES grants you the non-exclusive right to use the images according to the rights you have selected and indicated on the menu of the Verge Images on-line licensing process in accordance with the VERGE IMAGES LICENSE AGREEMENT found on the checkout screen. No image(s) may be used without proper payment. The Image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in our "INVOICE & COPYRIGHT LICENSE". The terms specified on the "INVOICE & COPYRIGHT LICENSE" shall not be modified without the express written consent of Verge Images. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify Verge Images's indemnity obligations, and the representations and warranties made by Verge Images hereunder. Fees assessed for your use of the Image(s) depends on the nature of the rights granted. You shall not undertake any expanded use of the Image(s) without the prior approval of Verge Images and the payment of any additional use fees required by Verge Images for such expanded use. You shall promptly notify Verge Images of any expanded use of the Image(s) for which you have not received Verge Images's prior approval, and shall pay to Verge Images any additional Use License/Invoice fee required by Verge Images for such expanded use. RESTRICTIONS AS TO USE The following uses are prohibited: Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights. Create any derivative use of an Image unless indicated on the invoice. Use of the Image in a manner that is defamatory, illustrates or promotes sensitive subject matter, is pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. Use of the Image 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 VERGE IMAGES's 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 to or used by anyone other than the authorized users, without prior written consent from VERGE IMAGES. Sublicense, re-license, rent or lease any of the Images. Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with VERGE IMAGES in any manner. 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. CREDIT Images used editorially should bear a credit line: Photographer Name/VERGE IMAGES. User must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge. RETENTION OF DIGITAL FILES: Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. VERGE IMAGES's copyright information and Image identification number must be retained with the digital files while you retain them. PAYMENT TERMS Time is of the essence in the performance by User of its obligations for payments. Payment of the invoice herein is to be upon receipt. Any claims for adjustment or rejection of terms must be made to VERGE IMAGES within ten (10) days after receipt of invoice. CANCELLATION POLICY Once an image has been downloaded there are no refunds or cancellations. You authorize Verge Images to charge you for the selection of image(s) and accept the terms stated within this License Agreement upon ordering the image(s). LINKS TO THIRD PARTY SITES The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents. INDEMNITY You agree to indemnify and hold VERGE IMAGES, and the photographer, 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. GENERAL DISCLAIMERS VERGE IMAGES 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 PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. VERGE IMAGES IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY VERGE IMAGES. DIGITAL FILES ARE PROVIDED "AS IS." VERGE IMAGES MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. VERGE IMAGES MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL VERGE IMAGES OR THE OWNER OF THE IMAGES 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 AND VERGE IMAGES SHALL BE THE FEE PAID FOR THE IMAGE TO VERGE IMAGES. UNAUTHORIZED USE/RETROACTIVE LICENSE FEE: Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs. RESPONSIBILITY FOR ORIGINAL IMAGES If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to VERGE IMAGES. User shall be responsible for safe delivery and return of Images to VERGE IMAGES and shall indemnify VERGE IMAGES against any loss or damage to Images in transit or while in the possession of User. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to VERGE IMAGES in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to VERGE IMAGES. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured. LIQUIDATED DAMAGES The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. User agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be Fifteen hundred dollars ($1500.00) and the value of a duplicate transparency shall be one hundred ($100.00). VERGE IMAGES agrees to the delivery of the goods herein only upon the express covenant and understanding by User that the terms contained in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers and free-lance researchers for the loss, damage or misuse of the Images. MISCELLANEOUS JURISDICTION 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 Anchorage, Alaska 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. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Alaska. 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. User agrees to be subject to the jurisdiction of the Federal Court in the District VERGE IMAGES resides. If VERGE IMAGES is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User. This agreement is not assignable or transferable on the part of User. In the event that any Images are used by User in publications, User shall provide VERGE IMAGES with two (2) free copies of such publication immediately upon printing. This contract contains all the terms of the agreement between us (VERGE IMAGES and User) concerning transmission, delivery and review of Images, and no term 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 the client's purchase order. Any subsequent invoice we may issue may contain additional terms relating to the rights granted and the type of usage allowed.
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Copyright Verge Images, All Rights reserved. This site and all photos on this site are protected by United States Federal copyright law and the Berne Convention. By continuing to use this site or by downloading any image you agree to our terms of use. Tampering with or intentional removal of Copyright Management Information is a violation of the copyright act. For your protection, Verge Images maintains strict anti-virus security. Verge Images is a division of Alaska Stock LLC. Verge Images & Alaska Stock Images are registered trademarks of Alaska Stock LLC. Search Engine © 2008 20/20 Software.