Digital Downloads License Terms & Restrictions

AGREEMENT
This Agreement governs the terms by which clients of Chris Austin, Photographer obtain the right to use the digital content purchased and downloaded from the Chris Austin, Photographer website at www.chrisaustin.net (the “Site”).   This Agreement is in addition to the Terms of Use applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern. By downloading content from the Site, you accept this Agreement, and agree to be bound by its provisions.
 
Definitions
 

“You” or “The Client” – the person downloading the Content

“We”, “I” or “Chris Austin” – the professional photographer, owner of the photos, and operator of the Site, Chris Austin, Photographer

“Content” – any and all photos, images, videos, digital media displayed the Site purchased for download.

 
Download Terms
We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the purchased Content for the Permitted Uses as defined below only.   All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Chris Austin, Photographer.
 
Permitted Uses
  1.  You may only use the Content for personal use on personal devices or commercial use on websites, electronic communications, blogs, promotional or marketing material.  You may not use the Content in any type of products for resale, license or any other distribution. You may not modify the Content, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale.  Any use of the Content other than the Permitted Use is an infringement of copyright.
  2. Seat License. This Agreement permits one seat only.  This means only you are permitted to use the Content, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e: distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must purchase and download the Content from the Site for each use or user.
  3. Any other uses must be approved in writing by Chris Austin, Photographer.  Pricing may vary and separate license types may be made available for other uses.
 
Prohibited Uses

You may not:

  1. Display or represent the Content as being the work of any photographer or artist other than Chris Austin, Photographer
  2. Use or display the Content on galleries or other photography websites considered to be “competitors” of Chris Austin, Photographer
  3. use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
  4. Use the Content on Product packaging, CD covers, books, magazines, or any other product or publication produced for resale.
  5. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
  6. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
  7. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  8. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
  9. use the Content in a fashion that is under applicable law considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
  10. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
  11. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
  12. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
  13. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
Terms of Agreement

Chris Austin, Photographer reserves the right to terminate, revoke, or amend this Agreement without notice if at any time you fail to comply with any the terms in this Agreement. Upon termination, you must immediately (a) cease using the Content and for any purpose; (b) destroy or delete all copies and archives of the Content or accompanying materials; and (c) if requested, confirm in writing that you have complied with these requirements.

 
Photo Representations and Warranties
THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CHRIS AUSTIN, PHOTOGRAPHER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT CHRIS AUSTIN, PHOTOGRAPHER) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
 
Acknowledgement
BY PURCHASING AND DOWNLOADING DIGITAL CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF CHRIS AUSTIN, PHOTOGRAPHER AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CHRIS AUSTIN, PHOTOGRAPHER, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CHRIS AUSTIN, PHOTOGRAPHER RELATING TO THE SUBJECT OF THIS AGREEMENT.