WEBSITE AND IMAGE TERMS OF USE

1.  DEFINITIONS.  Because every user of the Real Latino Images Website may not be familiar with all concepts related to the use of stock photography images, the following capitalized terms, as used in this Terms of Use and in this Website, shall be defined as follows.

a)  Approved Accounts.  Approved Accounts are client accounts which are invoiced monthly rather than on a per download basis from this Website. If you believe that the volume of your usage of Stock Photography is sufficient to make this option desirable to you, please contact us directly to request this option.

b)  Comp.  Comp means the use of an image for your internal creative and business determination of whether the image is appropriate for the intended creative use, whether as a Rights Managed Image or a Royalty Free Image.

c)  Hispanic Cultural Content.  Hispanic Cultural Content means commercial photography which represents the lifestyles of Hispanics in the U.S., inclusive of Puerto Rico.

d)  Invoice.  An Invoice shall be the computer generated License/Invoice agreement provided to you or the manually printed License/Invoice agreement which may be provided to Approved Accounts and shall set out the scope of the use of the images licensed, whether Rights Managed Images or Royalty Free Images and the license fee required for such rights.

e)  Licensed Image.  An image is a Licensed Image only if a License/Invoice agreement has been provided to you or in the case of a Comp, you have accepted the Terms of Use, the License fee has been paid in full and the usage of the Licensed Image is consistent with the scope of the License/Invoice and/or the Terms of Use.

f)  Location Release.  A Location Release provides the written consent of the owner of a building to a photographer seeking to photograph the property and use the images commercially.

g)  Model Release.  A Model Release provides the written consent of the people contained in a photograph to allow the photograph to be used for commercial purposes; each person having waived all privacy and publicity rights.

h)  Reproduction.  Reproduction is the copying or duplication of a Licensed Image, in whole or in part, via any medium and by whatever means and the resultant creation of a derivative work from the Licensed Image.

i)  Rights Managed Image(s).  Rights Managed Image(s) are images which are licensed on a per use basis strictly for a particular use, medium, period of time, print run, placement (i.e. cover), size of image, territory and other restrictions as stated in the Real Latino Images License/Invoice agreement.

j)  Royalty Free Image(s).  Royalty Free Image(s) are images which are licensed for unlimited usage but are non-exclusive, non-assignable and non-transferrable for a flat License fee. They can be used in multiple projects for multiple purposes consistent with the Terms of Use without an additional fee.

k)  Specially Commissioned Images.  Specially Commissioned Images are images created by a photographer at a photo shoot taken solely to meet a need for a specific image.

l)  Stock Photography.  Stock Photography refers to the types of images created when commercial photographers take high quality, high resolution, creative photographic images of general commercial interest, which images are then licensed to stock photography agencies to market for advertising, editorial and other purposes, rather than Specially Commissioned Images.

2.  USE OF THE STOCK PHOTOGRAPHY ON OUR WEBSITE.  Because most people who want to use an image in a commercial setting do not want to pay for the cost of a specially commissioned photographic shoot, Stock Photography offers most users the opportunity to obtain extremely good, clear and high resolution images that are ideal for a particular project. In the unlikely event that you are unable to locate the perfect image for your creative needs you can request that photographic images be taken by a Real Latino Images photographer specifically to meet your or your client's needs.

Please contact us directly to discuss a specially commissioned photo shoot and pricing considerations if you are interested in this option. Whether you are acting on your own behalf, for a client, on behalf of an employer or another third party, all of the Terms of Use relative to your use of our Stock Photography will apply equally to you, your client, employer or third party. Images are not to be used for actual use without first obtaining from Real Latino Images a written right to do so or for comp purposes without first registering, accepting the Terms of Use and complying with the Terms of Use while using the Comp image. The written right to use an image, for anything other than comp use, is called a license (License). Usage without first obtaining a License and paying in full the License fee constitutes a copyright violation under U.S. law and the Berne Convention. Usage of an image beyond the scope of use granted in the License (or in the case of a Comp the scope of use granted in the Terms of Use) also constitutes a copyright violation.

3.  OWNERSHIP OF THE WEBSITE.  This Website and all of its content, including all text, graphics, photographs, illustrations, and software, except that owned by our photographers, are owned solely by Real Latino Images. Cyberworks owns certain proprietary software used in this Website and we make no claim to such software. All intellectual property rights in and to the Website, including logos, copyright, moral rights, trademark and other applicable intellectual property rights shall remain the property of Real Latino Images, except to the extent licensed to a party under a written License.

4.  COPYRIGHT PROTECTION/UNAUTHORIZED USE.  Under the U.S. Copyright Act, a photograph is protected along with other original works of creation like a motion picture, book, screenplay or musical CD. No image, whether licensed as a Rights Managed Image or Royalty Free Image, may be sub-licensed, sold or redistributed to a third party. Any use of a Real Latino Images image not expressly authorized by these Terms of Use or by a License granted to you constitutes a copyright infringement and Real Latino Images shall be entitled to all rights and remedies in law and equity provided by all applicable laws. You shall be responsible for all damages resulting from such copyright infringement, including claims by a third party.

5.  PRIVACY STATEMENT.  For the Real Latino Images Privacy Policy Statement, please click Privacy Policy Statement or click at the bottom of any page on the words Privacy Policy Statement.  Real Latino Images believes in the privacy of all personal information you provide as a part of your usage of our Website and we will use all efforts to comply with our Privacy Policy Statement. By agreeing to these Terms of Use, you also consent to our Privacy Policy Statement.

6.  TRADEMARKS.  Real Latino Images has filed for registration for "Real Latino Images" and for the Real Latino Images logo (Trademarks) and reserves all rights in the Trademarks. Infringement of any Real Latino Images Trademarks will result in all applicable remedies being sought, including damages under all applicable laws.

7.  WEBSITE AND CONTENT DISCLAIMER.  Use of this Website and our images is at your sole risk. We cannot represent or warrant that a particular image will work for your project. Only you can determine if an image works for you or your client on a creative basis. While we created this Website with every effort to provide accurate and reliable information, we make no representation or warranty as to the content’s 100% accuracy. Captions accompanying Real Latino Images on the Website may not be accurate although we request that our photographers as well as our internal key coders use every effort to make all captions accurate for our customers’ convenience. We also make no representations that the Website is compatible with all computer operating systems, software programs or computer hardware although we have sought such compatibility. Real Latino Images makes no representation that the use of this Website will be uninterrupted or error free. Further, there may be links used in the Website. If so, we do not control the linked sites and urge normal caution in their usage.

8.  RESTRICTIONS ON USE OF IMAGES.  All images downloaded from this Website must be used in compliance with the Terms of Use or the Rights Managed Image License or the Royalty Free Image License, in the latter two instances for which you are invoiced.  In addition, you may not:

a)  transfer the rights you have obtained in a Real Latino Images image(s) to a third party, except as specifically provided in the Invoice issued to you;

b)  use or reproduce a Rights Managed Image or Royalty Free Image in a manner inconsistent with the terms of the granted License; and

c)  use or reproduce a Comp image in a manner inconsistent with the Terms of Use.

a)  Grant of Rights.  Unless the License/Invoice states otherwise, each grant of a Rights Managed License shall grant a non-exclusive, non-assignable, non-transferrable License for the time period and on the other terms set forth in the License/Invoice. Real Latino Images shall be entitled to audit your books and records from time to time in order to confirm your compliance with the terms of the scope of the granted License.

b)  Restriction on Grant of Rights.

i)  No Licensed Images may be incorporated into a trademark, service mark or logo.

ii)  No Licensed Images may be used in a pornographic, defamatory or otherwise illegal manner.

iii)  No Licensed Images may be used in any manner that would allow a third party to download a Licensed Image as opposed to the derivative product created.

iv)  No Licensed Images may be used for inclusion in a website without a specific reference on your License that the image is for website usage.

v)  Certain information has been imbedded in the electronic file for  the Licensed Image(s), including copyright symbol, the name Real Latino Images and other information. This information must be retained with the digital file.

vi)  Even where a Model Release exists for a Licensed Image, a Licensed Image may not be used in such a way that the image would lead a reasonable person to think that the model endorses a certain product or service or used in such a way that would expose the model to possible harm to reputation due to the use of the Licensed Image relative to sensitive, controversial or unflattering subjects. It shall not be sufficient to indicate that a person is a model or that the Licensed Images are being used only for illustrative purposes.

vii)  No usage of the Licensed Image(s) shall be allowed outside the scope set out in the License/Invoice agreement. It shall not be deemed a violation of the Terms of Use for you to allow a subcontractor to work with you on the Reproduction of the Licensed Image(s); provided that you shall require that the subcontractor also abides by these Terms of Use.

viii) If the Licensed Image is to be used for editorial purposes or in any other media which routinely provides a credit line, then a credit line will be given in the following form:

"© (Photographer’s/Copyright owner’s  name)/Real Latino Images"

ix)  You should be aware that in the United States, Canada and certain other countries there are restrictions as to the use of photographs of currency and you should determine if any of these restrictions affect you in the event you desire to use an image which contains currency.

c)  Representations and Warranties and Limitation of Liability. Real Latino Images represents and warrants that the Licensed Images shall be free from defects in material and workmanship for 30 days from date of the License issued to you. EXCEPT FOR THIS WARRANTY, THE LICENSED IMAGES ARE PROVIDED "AS IS" WITH NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED IMAGES OR THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR WARRANTY IS MADE RELATIVE TO THE EXISTENCE OF MODEL OR LOCATION RELEASES, EXCEPT AS SPECIFIED ON YOUR LICENSE/INVOICE NOR AS TO WHETHER A REQUIREMENT EXISTS FOR ANY CONSENTS RELATIVE TO THE EXISTENCE OF ANY TRADEMARKS, LOGOS OR OTHER INTELLECTUAL PROPERTY DEPICTED IN ANY IMAGE. You are solely responsible to obtain all consents, rights or permissions for a desired Image obtained from the Real Latino Images Website. Real Latino Images’ sole responsibility for a breach of any of the above representations and warranties shall be replacement of the Licensed Image so that it can be used in your project. Under no circumstances will Real Latino Images be liable to you for any money damages, including without limitation resulting from any lost profits, lost revenue, lost savings or other incidental or consequential damages arising out of your inability to use a Licensed Image, breach of Real Latino Images’ representation and warranty set forth above or other breach of this Terms of Use.

d)  Indemnification. You agree to indemnify and hold harmless Real Latino Images, it’s members, managers, directors, officers and assigns from and against any and all claims, liabilities, judgments, damages, and reasonable attorneys’ fees, costs and expenses arising out of your use of the Licensed Image(s) or in connection with your breach of any term of this Terms of Use Agreement.

e)  License Termination.  The License granted herein will terminate automatically and without notice i) at the end of the term, as stated in the License/Invoice, ii) without notice if you fail to comply with any provisions of the Terms of Use or the License/Invoice and iii) if payment has been cancelled. No use of any Licensed Images may be made after termination and all Licensed Images and their electronic files shall be immediately destroyed on termination, or upon our written request, shall be returned immediately to us. In the event that Real Latino Images has reason to believe that the use of a Licensed Image will infringe on the intellectual property rights of a third party, the License may be terminated and replaced with a reasonably similar image.

f)  Unauthorized Use.  Any use of a Real Latino Images image not expressly authorized by these Terms of Use or by a License constitutes a copyright infringement and Real Latino Images shall be entitled to all rights and remedies in law and equity provided by all applicable laws. You shall be responsible for all damages resulting from such copyright infringement, including claims by a third party. In addition, without limiting Real Latino Images’ remedies, Real Latino Images reserves the right to charge and you agree to pay a fee equal to the greater of $1,500.00 or 5 times the normal Real Latino Images’ License fee for the unauthorized use of the image, as actually used.

a)   Special Definitions for Royalty Free Image Licenses. "User" means you and any and all of your employees or independent contractors who manipulate, edit or otherwise modify the original digital file downloaded from our Website containing the Licensed Image(s) or who incorporates the Licensed Image(s) into any derivative work.

b)  Grant of Rights. You shall have the perpetual, worldwide, non-exclusive, non-transferable right for Reproduction of the Licensed Images identified in the License/Invoice on an unlimited basis in any and all media for the following purposes:

i)  advertising and promotional materials;

ii)  broadcast and theatrical exhibitions;

iii)  electronic publications including website design, up to a maximum resolution of 72 dpi; and

iv)  any and all other uses.

Your right to use the Licensed Images for a project includes the right to crop, edit, manipulate, and otherwise modify the Licensed Image in creating derivative works. You shall have no right to sub-license the rights granted herein but you shall have the right to have a sub-contractor (i.e., a printer) involved in the Reproduction of the Licensed Images; provided that at all times any sub-contractor acts in full compliance with the Terms of Use.

c)  Restrictions on Grant of Rights. In using the licensed Royalty Free Images for your projects, there are certain restrictions in addition to those set out in ( b) above or in the License/Invoice with which you must abide.

i)  No more than 10 Users may use the Royalty Free Licensed Image(s) at any time, unless a separate license is obtained for each additional User.

ii)  No Licensed Images may be incorporated into a trademark, service mark or logo.

iii)  No Licensed Materials may be used in a pornographic, defamatory, illegal or otherwise reasonably objectionable manner to Licensor in its sole determination.

iv)  No Licensed Material may be used in any manner that would allow a third party to download a Licensed Image as opposed to the derivative product created.

v)  Certain information has been embedded in the electronic file for the Licensed Images, including copyright symbol, the name Real Latino Images and other information. This information must be retained with the digital file.

vi)  Even where a Model Release exists for a Licensed Image, a Licensed Image may not be used in such a way that the image would lead a reasonable person to think that the model endorses a certain product or service or used in such a way that would expose the model to possible harm to reputation due to the use of the Licensed Image relative to sensitive, controversial or unflattering subjects. It shall not be sufficient to indicate that a person is a model or that the Licensed Images are being used only for illustrative purposes.

vii)  If the Licensed Image is to be used for editorial purposes or in any other media which routinely provides a credit line as a part of its business, then a credit line will be given in the following form:

"(Photographer’s/Copyright owner’s  name)/Real Latino Images"

viii) You should be aware that in the United States, Canada and certain other countries there are restrictions as to the use of photographs of financial currency and you should determine if any of these restrictions affect you in the event you desire to use a an Image which contains financial currency.

d)  Representations and Warranties and Limitation of Liability. Real Latino Images represents and warrants that the Licensed Images shall be free from defects in material and workmanship for 30 days from date of the License issued to you. EXCEPT FOR THIS WARRANTY, THE LICENSED IMAGES ARE PROVIDED "AS IS" WITH NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED IMAGES OR THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR WARRANTY IS MADE RELATIVE TO THE EXISTENCE OF MODEL OR LOCATION RELEASES, EXCEPT AS SPECIFIED ON YOUR LICENSE/INVOICE NOR AS TO WHETHER A REQUIREMENT EXISTS FOR ANY CONSENTS RELATIVE TO THE EXISTENCE OF ANY TRADEMARKS, LOGOS OR OTHER INTELLECTUAL PROPERTY DEPICTED IN ANY IMAGE. You are solely responsible to obtain all consents, rights or permissions for a desired Image obtained from the Real Latino Images Website. Real Latino Images’ sole responsibility for a breach of any of the above representations and warranties shall be replacement of the Licensed Image so that it can be used in your project. Under no circumstances will Real Latino Images be liable to you for any money damages, including without limitation resulting from any lost profits, lost revenue, lost savings or other incidental or consequential damages arising out of your inability to use a Licensed Image, breach of Real Latino Images’ representation and warranty set forth above or other breach of this Terms of Use.

e)  Indemnification.  You agree to indemnify and hold harmless Real Latino Images, it’s members, managers, directors, officers and assigns from and against any and all claims, liabilities, judgments, damages, and reasonable attorneys’ fees, costs and expenses arising out of your use of the Licensed Image(s) or in connection with your breach of any term of this Terms of Use Agreement.

f)  License Termination.  The License granted herein will terminate automatically and without notice i) at the end of the term, as stated in the License/Invoice, ii) without notice if you fail to comply with any provisions of the Terms of Use or the License/Invoice and iii) if payment has been cancelled. No use of any Licensed Images may be made after termination and all Licensed Images and their electronic files shall be immediately destroyed on termination, or upon our written request, shall be returned immediately to us. In the event that Real Latino Images has reason to believe that the use of a Licensed Image will infringe on the intellectual property rights of a third party, the License may be terminated and replaced with a reasonably similar image.

g)  Unauthorized Use.  Any use of a Real Latino Images image not expressly authorized by these Terms of Use or by a License constitutes a copyright infringement and Real Latino Images shall be entitled to all rights and remedies in law and equity provided by all applicable laws. You shall be responsible for all damages resulting from such copyright infringement, including claims by a third party. In addition, without limiting Real Latino Images’ remedies, Real Latino Images reserves the right to charge and you agree to pay a fee equal to the greater of $1,500.00 or 5 times the normal Real Latino Images’ License fee for the unauthorized use of the image, as actually used.

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