Andy Olenick, Fotowerks Ltd.: Conditions for Use of This Site

Site User Agreement

Andy Olenick Web Site User Agreement
This is a legal agreement between you and Andy Olenick. Please read this agreement in its entirety before you continue to use this site or download any image(s). By clicking on the accept button or by downloading any image(s) you agree to be bound by the terms of this agreement.

Ownership of This Web Site
This Web site is owned and operated by Andy Olenick. All of the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by the individual photographers who created the images and/or Andy Olenick, its licensers and its content providers.

The images on this site may only be used as outlined under "Grant of Rights" below. It is illegal to copy or reproduce these images beyond the "Licensing Agreement", including use on other web sites without the prior written consent of Andy Olenick. It is illegal to use any portion of our images as reference for another photograph or illustration in any form.

If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.

Licensing Agreement
Andy Olenick grants you a personal, non-transferable, non-exclusive right to copy and store the images you have selected onto your computer hard drive or disk and to use the image on one computer and with one user at a time only in the United States. The image may only be copied, modified and incorporated in materials solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in good faith, use of the specific image is intended. Usage of an image(s) in any other way constitutes willful copyright infringement and is punishable to the fullest extent of the law.

Rates and rights must be negotiated before use. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. NO REPRODUCTION RIGHTS ARE GRANTED OR IMPLIED HEREIN. The Image cannot be sold or distributed or used for advertising, brochures, editorial publications, multimedia, or any other use without the prior written permission of Andy Olenick. Andy Olenick and its licensors retain all rights not expressly granted by this agreement.

Images are not model released unless so indicated in the caption accompanying the image. You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. You agree to hold Andy Olenick and its suppliers harmless from any and all claims and expenses arising from any image's use.

Advanced written permission is required for use of images for sensitive subjects including but not limited to matters of sexual nature, contraception, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer and other serious physical mental ailments or disparagement of any business or person. Andy Olenick reserves the right not to permit reproduction of any image for any reason whatsoever. Pornographic, defamatory, libelous or otherwise unlawful use of an image is prohibited. Andy Olenick and its licensors retain all rights not expressly granted by this agreement.

To obtain reproduction rights you must contact Andy Olenick

Warranties
The information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Andy Olenick makes no warranties or representations regarding the accuracy or completeness of the information. Andy Olenick nor its photographers shall be liable to you for any general, special, direct, indirect, consequential, incidental, or other damages arising out of the rights granted herein.

Disclamers
You acknowledge that this site is provided on an "as is", "as available" basis. Andy Olenick makes no warranty that the operation of this site will be error-free or that access to this site will be. Andy Olenick makes no warranty as to the accuracy, completeness or reliability of any content, information, products, services or materials made available on or through this site. You expressly agree that your use of this site is at your sole risk. Andy Olenick neither endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice, statement, information or other content made available on or through this site, nor shall it be liable under any circumstances for any loss or damage caused by your reliance on any content, information, products, services or materials obtained on or through this site. It is your responsibility to evaluate the accuracy, completeness or reliability of any opinion, advice, statement, information or other content made available on or through this site. Andy Olenick makes no, and you acknowledge that Andy Olenick has not made any, and Andy Olenick hereby specifically disclaims any, representations or warranties, express or implied, regarding the content and the site, including without limitation, any implied warranty of merchantability or fitness for a particular purpose or non-infringement.

Limitation of Liability
Under no circumstances will Andy Olenick or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the images or (b) the inability to obtain additional rights to the images (including making additional copies) even if Andy Olenick has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the image, their representative, and Andy Olenick shall be the fee paid for the image to Andy Olenick.

Indemnification
You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity. You agree to hold Andy Olenick harmless against all claims, liability, damages, costs and expenses arising out of any breech of this Agreement.

Governing Law
The interpretation of this Agreement shall be governed by the laws of the State of New York, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Rochester, New York pursuant to the rules of the American Arbitration Association, and the laws of New York. Judgment upon the award rendered may be entered in any court having jurisdiction. Any dispute involving $5000 or less may be submitted without arbitration to any court having jurisdiction. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If Andy Olenick is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.

Copyright © 2007, Andy Olenick ~ All rights reserved.