The following is a legal agreement
between the Licensee (you) and Shadow-Designs.
Please read this Agreement carefully before using any image from this website.
Downloading an image from the Shadow-Designs
website means you agree to be bound by the terms of this Agreement.
Copyright of Images
With payment of the price due for the
photograph(s), the Licensee has obtained the non-exclusive, non-transferable
right to use the photography as described in this agreement. The Licensee can
not transfer usage rights to any third party. The Licensee may use the
photographs for his/her own projects as well as for his/her client's projects in
accordance with the terms of this agreement. Copyright to the photographs
remains with J. L. Cobb of Shadow-Designs.
Permissible Uses of Licensed Images
This license agreement DOES PERMIT
the following uses of the images. You may use these images in your personal,
professional, internal, editorial and client projects including printed
materials, newsletters, brochures, reports, sales tools, advertising,
promotional campaigns, editorial works including magazines, calendars, greeting
cards, newspapers, books presentations on-line, web-site and multimedia design
projects and packaging for resale products.
This license agreement does not
permit the following uses of the images. You may not post any image or images
from Shadow-Designs on any electronic
bulletin board, nor put the images on-line in a downloadable format. You may not
use these images for resale. You may not use, or allow anyone else to use any of
these images to create pornographic, libelous, obscene or defamatory images.
Using an image or images in a way not covered or specifically prohibited by this
agreement, without prior written consent from
Shadow-Designs is a violation of Federal copyright law. This license is
in force until it is terminated. If you do not comply with the terms and
conditions above, this license automatically terminates. At termination, the
images must be removed in all forms from any digital media on which they are
contained and no printed copies of the images in any form are permitted for
Indemnification and Limits of
Licensee shall indemnify
Shadow-Designs, it's trustees, agents,
employees, representatives and associates against any and all claims arising out
of the use of an image which may be construed by a model as degrading or
offensive, or which deal with controversial subjects for which the licensee has
not obtained written permission. You agree to indemnify and hold harmless
Shadow-Designs, it's trustees, agents,
employees, representatives and associates against any damages or liability of
any kind arising from the use of an image other than the uses specifically
permitted by this Agreement. This Agreement shall be governed by the State of
No Waiver; Complete Agreement
The terms set forth in this policy
represent our entire agreement concerning the delivery of any image(s) to you,
your review and usage thereof. All prior understandings or representations,
whether oral or written, based on "industry custom" or past dealings, are hereby
merged in this Agreement. No terms or conditions may be added unless made in
writing and signed by both of us. No action of ours, other than an express
written waiver, may be construed as a waiver of any art of this Agreement, and
no employee is authorized to waive it orally. In the event we waive any specific
part of this Agreement, it does not mean we waive any other part.
Legal Costs and Jurisdiction
In the event that either a court of
competent jurisdiction directs us to go to court, or the matter involves
copyright, you agree to fully reimburse
Shadow-Designs for its reasonable legal fees and disbursements if
Shadow-Designs successful in the suit.
SHADOW-DESIGNS MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR COMPATIBILITY WITH ANY
COMPUTER OR OTHER KIND OF EQUIPMENT. SHADOW-DESIGNS, NOR ANY OF ITS TRUSTEES,
AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSOCIATES SHALL BE LIABLE FOR ANY
DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF
THE USE OF, OR INABILITY TO USE, ANY IMAGE OR IMAGES. YOU MAY HAVE ADDITIONAL
RIGHTS IN SOME STATES.
1601 S.W. Heather
Grants Pass, OR 97526