Commercial Agreement

If you are viewing this site for personal reasons you will not be affected in any way by accepting these terms necessary for viewing the images. If you are viewing this site in order to find images which you intend publish, whether digitally or in printed publications, you agree to these terms of use by navigating the site and downloading images through your Internet Browser. If you don't agree to these terms, then please don't navigate further.

This License Agreement ( Agreement ) is between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) ( You ) and Muench Photography Inc. (MPI) of 142 Santa felicia Dr Goleta, California. Please read the Agreement below and indicate Your acceptance of these terms and conditions by clicking on the "I Accept" button at the end of the Agreement. By using this service You are agreeing to be bound by this Agreement as at the date on which you download any image ( Image ) displayed on the MPI website for the purpose of licensing the Image.

By navigating this site, and using this service and any Image, You are indicating that You are at least 18 years old, and agree to be bound by all terms of this Agreement. You may print and keep a copy of this Agreement. MPI may change the terms of this Agreement at any time and without notice. When the terms have been changed MPI will notify You by on-line posting at MPI's website. If You do not agree to be bound by the terms of this Agreement You should click on the "I Decline" button at the end of this Agreement. In that case, you are not permitted to download or license any Image.

License: MPI grants you a license to reproduce the Image solely for the purpose specified in the Invoice after an agreement has been reached between You and MPI. The Image may not be used for a purpose other than the specified purpose without the prior written consent of MPI. Except for the license granted in this Agreement, You have no right, title or interest in any of the Images. Unless agreed by MPI in writing, no modifications may be made to any of the Images, except for colour correction, removal of minor imperfections and moderate cropping. All rights not expressly granted in this Agreement are reserved by MPI. You must pay the fee for the specified purpose ( Licence Fee ) either at the time of downloading the Image, or in accordance with the payment terms specified in the Invoice.

Use of Images: You agree not to use any of the Images in a manner which would contravene any law of any country in which any of the Images are to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property. You agree to comply with all reasonable requests by MPI to withdraw any of the Images from publication for reason of potential illegality or legal liability. You must inform MPI promptly of any claim of legal liability concerning the use of any of the Images. Except as provided in this Agreement, MPI logos and names may not be used in any way without the prior written permission of MPI.

Attribution of Images: In any editorial use of an Image in any medium, You must include a credit, or procure a credit, next to each Image in the form specified in the Invoice. Before publication of an Image (or where impractical, as soon after publication as is reasonably possible), You must provide MPI with two copies of any publication or document in which an Image is included. If this is not feasible due to the nature of or the medium of publication, you must inform MPI of this.

Electronic Storage of Images: An Image must not be duplicated, scanned or electronically retained except as necessary for the purpose specified in the Invoice. In addition, you may only use or retain a single copy of an Image on a single computer. You may only download a high resolution Image onto one computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Image for any purpose. You may not store the Image on any image storage jukebox, network configuration or similar computer network arrangement.

Provision of transparencies: If original transparencies of Images are supplied to You by MPI, you will be responsible for any loss or damage to those transparencies. You agree to pay MPI USD$1,500 per transparency for lost or damaged transparencies.

Warranty: MPI warrants that the copy of the Image downloaded by You will be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of the Image or a refund of the Licence Fee, at MPI's option. Other than as stated in this Agreement, You acknowledge that the Image is supplied "as is" and that MPI has not made, and that no person acting on behalf of MPI has made, any other representation as to the Image's merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the license of the Image are expressly excluded.

Releases and Licences: Unless MPI specifically states on its website or the Invoice that MPI has secured a relevant release or license, in respect of a particular Image, to allow downloading and reproduction of the Image, MPI does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in an Image. You are responsible for ensuring that all necessary rights, consents, licenses or permissions that may be required are obtained prior to publication, reproduction or other use of an Image, except only for those releases or licenses that MPI has specifically stated on its website or the Invoice to have been secured. You indemnify MPI and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licenses or permissions.

Infringement of Copyright: You must notify MPI of any activity of anyone of which you become aware, which infringes, or may infringe, the copyright in any Image. If there is infringement of copyright in any Image, You agree to provide assistance to MPI as reasonably required by MPI, including being joined in any proceeding at MPI's expense. If MPI takes legal proceedings at its own expense, MPI will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. MPI will be under no obligation to take any action in the event of infringement.

No Liability: To the maximum extent permitted by law, MPI will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Agreement, including (without limitation) MPI's negligence, wilful act or default or any computer virus contained in an Image. This limitation of liability applies even if MPI has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of MPI and You at the date of this Agreement as a probable result of any act or omission.

Termination: In event of breach by You of this Agreement, MPI will give you 30 days written notice (notice period) to rectify the breach. This Agreement will automatically terminate upon the expiry of the notice period if You have not rectified the breach. Upon termination or expiration of this Agreement for any reason (i) all rights granted to You will automatically revert to MPI; (ii) You must immediately cease any use of the Images and must delete the Images and all copies of them from all electronic and or magnetic media and destroy all other copies of the Images, or upon request by MPI, return all those copies to MPI; and (iii) You must immediately return to MPI any original transparencies provided to You.

Retention of Image: Unless otherwise agreed by MPI, any Image must be deleted from all electronic and removable media and any other copies of the Image must be destroyed no more than 60 days from the date on which the Image is downloaded. Until You delete or otherwise destroy all copies of the Image, You must ensure that any identification number and copyright information included with the Image is retained.

Assignment: You may not assign, licence or transfer any rights granted to You or any of Your obligations under this Agreement without the express written permission of MPI.

Enforceability: If any provision of this Agreement is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Agreement will remain in full force and effect.

No Waiver: No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

Entire Agreement: This Agreement contains the entire agreement between the parties relating to Your use of the Image and supersedes any previous agreement concerning use of the Image between the parties, including any oral agreement.

Governing Law: This Agreement will be interpreted, construed and governed by or in accordance with the law of the State of California, USA