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Welcome to PacificStock.com



Following are the terms and conditions that govern your use of this site. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE OR DOWNLOAD ANY IMAGE(S). This is a legal agreement between you and The Pacific Stock Image Collection, a division of Design Pics Inc. (hereafter "The Pacific Stock Image Collection"). By clicking the "I accept" button, continuing to use this web site or by downloading any image(s), you agree to be bound by the terms of this agreement. If you do not agree, do not check the box indicating agreement, and discontinue using this web site.

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. The Pacific Stock Image Collection 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 Web Site and Images



This web site is owned and operated by The Pacific Stock Image Collection. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other U.S. and international laws relating to intellectual property. The Pacific Stock Image Collection and/or the individual photographers who created the images own the copyrights to the images on this web site. The images on this web 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 The Pacific Stock Image Collection. It is illegal to use any portion of the images on this web site as reference for another photograph, illustration or derivative work in any form.


Permitted Usage



Comps and Layouts: The Pacific Stock Image Collection grants you a personal, nontransferable, non-exclusive right to copy low-resolution image(s), i.e. Thumbnails and Previews that 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. The images may ONLY be copied, modified and incorporated in materials for Test or Sample use including comprehensive layouts, also called "comps" and "layouts".

Other than the above Comp/Layout Use, images may not be used in any way, until an invoice indicating the "Use Rights Granted" for use of same is paid in full. Please read our License Agreement for complete details before downloading and using any images from this web site. All other rights are reserved to The Pacific Stock Image Collection.


Links to Other Web Sites



Our web site may contain links to other web sites, including but not limited to the sites of affiliates, partners and resources. These sites may have different privacy policies and practices from ours. We assume no responsibility for the policies or practices of linked sites. You should contact that web site's administrator with all questions or concerns about any external link.


Indemnity



You agree to indemnify and hold The Pacific Stock Image Collection, and the photographer(s), harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an image, use of this web site or any breach of this agreement.


General Disclaimers



This web site and its content are provided "as is" and The Pacific Stock Image Collection excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The Pacific Stock Image Collection will not be liable for any damages of any kind arising from the use of this web site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The functions embodied on, or in the materials, of this web site are not warranted to be uninterrupted or without error. You, not The Pacific Stock Image Collection, assume the entire cost of all necessary servicing, repair or correction due to your use of this web site.

Under no circumstances will The Pacific Stock Image Collection, its directors, officers, employees, partners or agents or the owner of the images be liable to you for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) as a result of your use of, or inability to use, this web site or from your access or use of the images on this web site, or the performance of this web site or the Content whether or not we have been advised of the possibility of such damages.

The Pacific Stock Image Collection uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.


Governing Law and Venue



The interpretation of this agreement shall be governed by the laws of the State of Hawaii, United States of America. 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 Honolulu, Hawaii 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 Hawaii. If recipient 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 recipient 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 The Pacific Stock Image Collection is caused to present claims or suit to you 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 recipient or user herein.


No Waiver, Severability



No action of The Pacific Stock Image Collection, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between The Pacific Stock Image Collection and you relating to your use of this website.




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