Collier Photography LICENSING TERMS & CONDITIONS

END-USER LICENSE AGREEMENT (EULA) – By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between Collier Photography and Photo Purchaser (otherwise listed herein as You or Your) who purchases the right to access, acquire, and use Materials from this website.  Collier Photography hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Collier Photography and  “Materials” from our website will constitute and be defined as any photo, image, design, or layout represented on the Collier Photography website.  By downloading any Materials from Collier Photography you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website. 

Terms of Use and Conditions as Defined Below:

A. User’s Rights to Materials from Collier Photography.  You agree to access, acquire, and use our Materials as follows:
 

1. These Terms and Conditions constitute a legal Agreement between You and Collier Photography.
2. Collier Photography grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
3. You may access, acquire, and use the materials downloaded from ColoradoPics.com subject to these Terms and Conditions in the following manner:

• a. In the development and creation of your business presence and entity.
• b. As part of an offline presentation, meaning in menus, magazines, newspaper, non-photographic books (defined as a book that has fewer than one photo per every three pages in the book), and in non-Colorado calendars (defined as calendars that have fewer than 40% of their photos taken in Colorado and that do not have the word 'Colorado' in their title).  All above offline presentation uses must include a photo credit stating that the images were taken by Grant Collier.
• c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers. 
• d. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, PowerPoint presentation, or video game.   

B. User’s Restrictions on the Use of Collier Photography Materials.  You agree not to access, acquire, or use our Materials in any of the following manners:

1. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
2. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User’s Rights to Materials from Collier Photography” section of this Agreement. 
3. You may not make individual photographic prints or artistic prints or posters of any kind from the digital files for the purpose of any décor, including, but not limited to, home, office, lobby, public area, or retail store décor.  Photographic prints must be purchased individually from ColoradoPics.com or GCollier.com, or you must obtain a Rights Managed License from Grant Collier giving you permission to print the images.
4. You may not reproduce any of the images more than 100,000 times total, regardless of intended use.  For the right to reproduce an image more than 100,000 times, please contact us about a Rights Managed License.
5. You may not reverse engineer, decompile, or disassemble any part of the Image(s), subject to applicable law.
6. You may not use the images in photographic books or Colorado calendars.    
7. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
8. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
    

C. You understand and agree that Collier Photography may, in its sole discretion: 

1. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
2. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Collier Photography, without notice.  If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Collier Photography Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
    

D. You understand that Materials are copyrighted and owned by Collier Photography only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. 
 
E. Collier Photography and all Materials are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”  Collier Photography its employees, directors, and officers and anyone else associated with Collier Photography makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  Collier Photography further makes no representation or warranty that your usage of ColoradoPics.com will be uninterrupted, error free of computer viruses, or other damaging materials.  When you access ColoradoPics.com, you do so at your own risk.
 
F. Collier Photography, its employees, directors, and officers, or anyone else associated with Collier Photography shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.  Collier Photography, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Collier Photography, and for accessing, acquiring, and/or using Materials from Collier Photography.
 
G. AGE OF MAJORITY.  You warrant and attest that you are of the age of majority, and that any purchase and downloading of images shall serve as confirmation and attestation to this statement.  You further agree that you fully understand the contents, meaning and impact of this agreement.  You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement.  Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  You further attest that the information you provide to Collier Photography is accurate and true, including without limitation all credit card information
 
H. You agree to fully, indemnify, and hold harmless Collier Photography, its employees, directors, officers, and any other entity associated with Collier Photography, and each  of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
 
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.