Last Updated: 09/30/2010
Dispatch Press Images Site Usage Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Dispatch Press Images, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Dispatch Press Images for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by American Photojournalism, Inc. Dispatch Press Images is a subsidiary of American Photojournalism, Inc. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Dispatch Press Images Content"), is owned by American Photojournalism, Inc., its licensors, or its third-party image partners.
All elements of the Site, including the Dispatch Press Images Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Dispatch Press Images Content are intended for customers of Dispatch Press Images. You may not use this Site or Dispatch Press Images Content for any purpose not related to your business with Dispatch Press Images. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Dispatch Press Images Content without, or in violation of, a written license or agreement with Dispatch Press Images; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Dispatch Press Images Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Dispatch Press Images product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Dispatch Press Images Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Dispatch Press Images has adopted a policy of terminating, in appropriate circumstances and at Dispatch Press Images’ sole discretion, account holders who infringe the intellectual property rights of Dispatch Press Images or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
American Photojournalism, Inc.
P.O. Box 187
Brightwaters, NY 11718
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Dispatch Press Images Trademarks, the Dispatch Press Images logo, and any other product or service name or slogan contained in the Site are trademarks of Dispatch Press Images and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dispatch Press Images or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Dispatch Press Images" or any other name, trademark or product or service name of Dispatch Press Images without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dispatch Press Images and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Dispatch Press Images logo or other proprietary graphic of Dispatch Press Images to link to this Site without the express written permission of Dispatch Press Images. Further, you may not frame any Dispatch Press Images trademark, logo or other proprietary information, including the Dispatch Press Images Content, without Dispatch Press Images' express written consent.
Dispatch Press Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Dispatch Press Images and Dispatch Press Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Dispatch Press Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Dispatch Press Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Dispatch Press Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.
Limited License for Comp Usage
Conditioned on your compliance with this Agreement, Dispatch Press Images grants you a limited license to download Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to Dispatch Press Images Content License Agreement applicable to your use (“Comps”). Your Comp license covers only visibly watermarked Content, and does not entitle you to download Content which does not contain a visible watermark. You may use Comps solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license for the Content. You may not use a Comp image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, Dispatch Press Images grants you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the comp outside the scope of this Agreement.
Dispatch Press Images may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Dispatch Press Images Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Dispatch Press Images’ request, return all such copies to Dispatch Press Images.
Interactive Services or Areas
By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Dispatch Press Images, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Dispatch Press Images or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Dispatch Press Images takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Dispatch Press Images liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Dispatch Press Images is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Dispatch Press Images has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Dispatch Press Images reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Dispatch Press Images may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Dispatch Press Images; or to protect the safety of our company, employees, customers or the public.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Dispatch Press Images immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Dispatch Press Images, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Dispatch Press Images Content, or your violation of any rights of another.
THIS SITE AND THE DISPATCH PRESS IMAGES CONTENT ARE PROVIDED "AS IS" AND DISPATCH PRESS IMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, 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. DISPATCH PRESS IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE DISPATCH PRESS IMAGES CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT DISPATCH PRESS IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE DISPATCH PRESS IMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE DISPATCH PRESS IMAGES CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Dispatch Press Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Dispatch Press Images Content, but we make no representations or warranties as to the Dispatch Press Images Content's accuracy, correctness or reliability.
Dispatch Press Images offers a search feature within the Site. Dispatch Press Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Dispatch Press Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL AMERICAN PHOTOJOURNALISM, INC. AND ITS SUBSIDIARY DISPATCH PRESS IMAGES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE DISPATCH PRESS IMAGES CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DISPATCH PRESS IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DISPATCH PRESS IMAGES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DISPATCH PRESS IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DISPATCH PRESS IMAGES FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Dispatch Press Images Content shall be submitted to confidential arbitration in North Babylon, New York, except that, to the extent you have in any manner violated or threatened to violate Dispatch Press Images’ intellectual property rights, Dispatch Press Images may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Choice of Law / Jurisdiction / Attorneys’ Fees
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between American Photojournalism, Inc. its subsidiary Dispatch Press Images and you, Dispatch Press Images shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
Notwithstanding any of these Site Terms, Dispatch Press Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Changes to Site Terms
Dispatch Press Images reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our website.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Dispatch Press Images at firstname.lastname@example.org or by writing to us at:
American Photojournalism, Inc.
P.O. Box 187
Brightwaters, NY 11718