Terms and Conditions
Notice to User
Ownership of This Web Site and Images
This web site is owned and operated by TobinPhoto. All of the content featured or displayed on this web site, including but not limited to, text, graphics, Images, illustrations and software ("Content"), is owned by TobinPhoto, its licensors and content providers.
All elements of this web site, including the general design and Content, are protected by copyright, trade dress, trademark and other US and international laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with TobinPhoto, this web site, its Content and all related rights shall remain the exclusive property of TobinPhoto, its licensors and content providers unless otherwise expressly agreed.
John Tobin owns the copyrights to Images on this web site, and the Images on this web site may only be used as described 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 TobinPhoto. It is illegal to use any portion of our Images as reference for another photograph, illustration or derivative work in any form.
You may use any Image on this web site for evaluation purposes according to the terms of our License Agreement for Evaluation Images. Evaluation Images may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public.
We reserve all other rights and you must contact us to obtain a license for additional use. Other than for evaluation purposes described above, Images may not be used in any way, until TobinPhoto provides a license describing your usage rights and our invoice for this license is paid in full.
All of the following are strictly prohibited:
Image use is strictly limited to the terms and conditions contained in the license that you purchase. For rights-managed images, this license includes the authorized user and publication name, usage duration, press run, maximum size and placement of the Image, geographic distribution of the publication and any other allowances and restrictions.
The terms specified in the license shall not be modified without our express written consent. Any deviation from the terms of our license and invoice is a violation of the Copyright Act and our contractual agreement and shall nullify our indemnity obligations, and the representations and warranties made by TobinPhoto.
If you require expanded or additional usage rights, you must promptly contact us for express written consent, such as an additional license and invoice.
You may not assign or transfer to anyone else the rights granted to you in this agreement, without our prior written consent by TobinPhoto.
Payment of our invoice must be within thirty (30) days upon receipt of invoice. Any claims for adjustment or rejection of terms must be made in writing to TobinPhoto within ten (10) days after receipt of invoice.
Limitation of Liability
TobinPhoto's entire liability and your exclusive remedy, with respect to any claims arising out of this agreement shall be at our sole discretion, either: 1) replacement of Images; or 2) refund of any fee that you paid us for Image usage or printed products.
Under no circumstances whatsoever will TobinPhoto be liable to you for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of: 1) the use or inability to use our Images or this web site; or 2) our breach of this agreement; or 3) for any claim by any other party, even if TobinPhoto has been advised of the possibility of such damages. In no event shall the liability of TobinPhoto exceed the amount that you paid us for Image usage or printed products within the preceding six (6) months. Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or shall be waived.
You agree to indemnify and hold TobinPhoto, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with TobinPhoto, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against TobinPhoto arising out of your use of the Images or in connection with any breach of any of the terms of this agreement.
You agree to reimburse TobinPhoto for its legal fees, costs and disbursements if TobinPhoto is successful in enforcing any of its rights under this agreement including, without limitation, in connection with any action to collect payment.
No action of TobinPhoto, other than an express written, signed waiver may be construed as a waiver of any part of this agreement, and no representative of TobinPhoto is authorized to make an oral waiver. In the event that TobinPhoto waives a specific part of the agreement, it does not mean that TobinPhoto waives any other part. Should any clause of this agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Other explanations and text on this web site are for your information only, and are not, and shall not be construed as, part of this agreement unless specified otherwise in this agreement.
This web site and its content are provided "as is" and TobinPhoto 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 functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not TobinPhoto, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.
Image captions and release availability are identified to the best of our ability, but we give no warranties with respect to the accuracy of captions or the existence of a release. You are solely responsible for the accuracy of Image captions and determining whether usage of any Images requires the consent of any other party or the license of any additional rights. If required for publication, you may contact us to obtain copies of releases and clearances that we may have.
This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.