TERMS AND CONDITIONS
This website, www.greggirard.com (the Website), is owned and
operated by GREG GIRARD. This agreement is between you and GREG GIRARD. If you
are using this Website on your employer’s behalf or in the scope of your
employment, this agreement is between you, your employer and GREG GIRARD. By
accepting this Agreement, you do so as an agent of your employer and certify
that you have the authority to accept this agreement.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO ACCESSING
THE SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU
DO NOT AGREE, DISCONTINUE USING THE SITE.
You must be at least 18 years old to accept this Agreement, use
or access this site or to license any image on this Website.
1. Changes to This Agreement: GREG GIRARD reserves the right, at
his sole discretion, to change, modify, add or remove any portion of this
Agreement, in whole or in part, at any time. Notification of changes in this
Agreement will be posted on the fritzhoffmann.com Website on the “Terms and
Conditions” page. Account holders will also be notified of changes to this
Agreement at the email address provided to us.
2. Revocation of Authorization to Access Site: GREG GIRARD
reserves the right to revoke your authorization to access this Website or
restrict your access at any time without notice.
3. Intellectual Property Rights: This site and all content and
material appearing on the site, including but not limited to images,
photographs, text, graphics, trademarks and service marks (“Content”) are owned
by GREG GIRARD. All intellectual property rights, including but not limited to
copyright, trademark and service mark rights, trade dress and moral rights are
owned by GREG GIRARD.
None of the photographic images and text on the Website are in
the Public Domain.
4. Prohibited Activities: Except as expressly permitted by this
Agreement or a written License Agreement with GREG GIRARD, no portion of the
Website or its Content may be copied, retransmitted, stored, published,
reproduced or altered by any means, including but not limited to digitization
or synthesizing of any images or other Content by any means now known or
hereinafter created. No portion of the Website or its Content be downloaded
expect by normal viewing process of the browser. No image or other Content may
be modified to altered or remove any watermark, copyright notice, title or
5. Infringement: GREG GIRARD actively protects his copyright
interests. In the event that an infringement is discovered you will be notified
and invoiced the industry-standard double-fee for unauthorized usage and/or
prosecuted for Copyright Infringement in US Federal Court where you will be
subject to statutory damages as well as all court costs and attorneys’ fees.
6. Image Access, Searching and Downloading: The Website contains
photographic images bearing a visible and electronic watermarks as well as
images with no visible watermark. GREG GIRARD online image archive may only be
searched and viewed upon registration for a Client Account and activation of
the Client Account by GREG GIRARD or his office.
a. Watermarked Images: You may download watermarked images
solely for the purpose of evaluating whether to purchase a license to use the
non-watermarked image. In evaluating whether to purchase a license, for up to
sixty (60) days from the date of download, you are permitted to use the
Watermarked Image in your internal “comps” and layouts. No other use is
permitted, including but not limited to use in any final materials distributed
internally or in any materials distributed to the public, online or in another
electronic distribution system. You may not modify, alter or remove any visible
or electronic watermark, nor disassemble or decompile the image.
b. Non-Watermarked Images: Client Account holders may search and
access non-watermarked images solely for the purpose of evaluating whether to
purchase a license to use the image. Your access to the non-watermarked image
does not permit any use unless you purchase a license to use the image.
7. Client Accounts: In order to access non-watermarked images,
you may apply for a Client Account and you agree to furnish true and accurate
information. GREG GIRARD reserves sole discretion over whether to grant you an
account, and you agree to access the authorized sections of the Website and
your account only by using the account number and password supplied to you by GREG
GIRARD or his office. You are responsible for maintaining the confidentiality
of your account number and/or password, if applicable, and you shall not
distribute this access information or allow others to use this access
information to gain access to this site. You agree to take reasonable steps to
prevent others from obtaining your access information and to notify GREG GIRARD
or his office of any unauthorized access or need to update or remove access for
any of your employees or agents. You shall be liable for payment for all images
downloaded by others using your account, with or without your permission or
knowledge prior to the time that you notify GREG GIRARD or his office of any
unauthorized use. You agree that you shall not acquire any rights of use,
ownership, or bailment as a result of using any greggirard.com Client Account
or other Website or related services.
8. Model Releases: No model releases exist for the photographic
Images and other Content available on greggirard.com unless specifically
acknowledged in writing by Agent. You are solely responsible for determining
whether your use of the Image or other content requires the consent of any
third party or the licensing of additional rights.
9. Changes to the Website: GREG GIRARD may change, suspend or
discontinue any aspect of the Website at any time, including the availability
of any feature, image, database or other Content.
10. Indemnification: You hereby agree to indemnify, defend and
hold GREG GIRARD, and all his officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees (collectively, the
“Indemnified Parties”) harmless from and against any and all liability and
costs, including reasonable attorneys fees and costs, incurred by the
Indemnified Parties in connection with any claim arising out a breach of this
Agreement or the foregoing representations, warranties and covenants or your
use of the Website or any Image available on the Website or supplied from GREG
GIRARD. GREG GIRARD reserves the right, at his own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
his written consent.
11. Links: The Website contains links and pointers to the other
related World Wide Web Internet sites, resources, and sponsors of the Website.
Links to and from the Website to other third party sites, maintained by third
parties, do not constitute an endorsement by Company or any of its subsidiaries
or affiliates of any third party resources, or their contents.
12. DISCLAIMER OF WARRANTIES: THE WEBSITE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, GREG GIRARD.COM AND ITS SUBSIDIARIES AND AFFILIATES
MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON
THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY
LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE WEBSITE, CONTENT OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN
NO EVENT SHALL THE LIABILITY OF GREG GIRARD.COM FOR YOUR USE OF ANY IMAGE
PROVIDED EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR USE OF
THE IMAGE, OR $500.
13. GOVERNING LAW AND
VENUE: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS
PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR
FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON.