Please read this document thoroughly before using this web site. It contains vital information about the terms you agree to by using this web site. These terms and conditions constitute a contract between you and Color-Pic, Inc. The breach of these terms could result in monetary penalties. By using this web site you agree to these terms. If you do not agree with these terms then do not use this web site. Please feel free to contact us if you have any problems, questions or concerns.

Copyright 2010 Color-Pic, Inc., All Rights Reserved

All aspects of this web site are protected under copyright law. No part of this web site including images may be reproduced in any form without prior permission of Color-Pic, Inc. Any un-permitted use constitutes an infringement and is subject to severe monetary penalties.

Licensing

By licensing an image the buyer is bound to the license agreement. The buyer does not gain ownership in any regard, only the permission to use the image(s) under the license agreement.

Rights Managed images are licensed according to the planned usage of that image. Royalty Free images are licensed to image size on a onetime use basis. For example, the purchase of a royalty free image does not give the buyer limitless use of that image. It may be used for whatever the buyer wishes (within the limits of the terms and conditions) but one time only. The buyer must purchase a second license if they wish to use the same image in a second application.

Rights Managed images are strictly bound to the licensing agreement. Any and all usage outside this agreement including the expanded use of an image is in violation of copyright law. In such an instance the damages that will be sought will be up to 10 times of whatever the licensed amount should have been. Violators will have up to 15 days to pay the determined amount. Failure to pay within this 15 day period could result in legal action where damages will be sought, including all attorney's fees and all related costs, for copyright infringement and breach of contract.

Image Use

Not all images of people have signed model releases. It is clearly stated under each image, which images are released. If nothing is stated, it is not released. Non-released images are suitable for editorial use such as textbooks however they are never to be used in any form of advertising. Should you have a question regarding use of non-model released images it is strongly advised that you contact us before purchasing. It is the licensee/buyers responsibility to use these images according to the laws and regulations of the industry. The licensee/buyer will take full responsibility for the misuse of non-model released images.

No images have property releases unless they say otherwise. The rules and conditions for model releases also apply to property releases.

No images from web sites owned and operated by Color-Pic, Inc. may be used in connection with pornography or any other application that may denigrate character or product. This includes all sensitive subjects such as but not limited to, substance abuse, gambling, psychiatric disorders, disease, abortion-adoption, cosmetic surgery, politics, homelessness, gambling, sexual issues, poverty, any male, female, teen, child or homosexual issues. Anyone wishing to license images for the above mentioned or other potentially sensitive subject matter must first get prior written approval from a representative of Color-Pic, Inc.

No Images may be altered other than for color correction or cropping as needed for space requirements. Permission for all other alterations must first be granted in writing by a representative of Color-Pic, Inc..

Photo credits must be given to all images used for editorial purposes. All photo credits must read as specified on the web site.

Liability and Indemnification

You agree to indemnify and to hold Color-Pic, Inc. including all employees, directors, officers, content providers or any other representatives including web programmers, harmless from any sought damages, including attorney's fees and any related expenses, image misuse, misrepresentation of image information including releases or any other reason what so ever.

Color-Pic, Inc., it's employees, directors, officers, content providers or any other representatives including web programmers will not be held responsible for any use or misuse of any web sites owned and operated by Color-Pic, Inc. The use of any and all web sites owned and operated by Color-Pic, Inc. is at the users own risk.

Color-Pic, Inc. shall not be held responsible for any physical content including film, media and hardware provided by any photographers or prospective photographers. Under no circumstances should any photographer send film, media or hardware unless specifically asked to do so. Unsolicited materials will be returned unopened at the photographer's expense.

Custom Photography

Should you not be able to find what you need in our files it is possible to have one of our photographers create an image to your specifications. Custom images will be priced according to expenses incurred to create the image and licensing use. Please contact us for further details.

Delivery and Fees of Right's Managed Licensed Material

Right's Managed images will be made available to the licensee/buyer via, FTP or CD/DVD for digital media or Overnight FedEx for film. Color-Pic, Inc. will deliver licensed media by one of these methods to the licensee/buyer in a timely manner once an agreement on the licensing fee has been made. Should Color-Pic, Inc. fail to deliver the licensed media the licensee/buyer will not be responsible for payment.

Licensing Fees for Right's Managed images are based on image usage, including size, distribution and purpose. Fees are negotiable particularly for non-profit organizations.

Delivery and Fees of Royalty Free Licensed Material

All royalty free images are available via download directly from the web site once a license has been purchased. All images are clearly priced according to size. Should you need a larger file than what's offered via download please contact us.

Cancellation of Licensed Materials

A full refund will be granted to licensed photos within 7 days of the receipt of the licensed material. It is up to the buyer to inspect the image(s) carefully during this period. Should it be necessary to cancel a license after this 7 day inspection period the buyer can do so for 50% the invoice fee. After 30 days no refunds will be granted.

Overdue Invoices

All invoices are due in full within 30 days of the invoice date or before publishing whichever comes first. Images published before invoices are paid in full are in violation of copyright law and subject to penalties. All unpaid balances are subject to a 4% late payment charge each month.

Privacy and Security

Under no circumstances will Color-Pic, Inc. sell or give out information about registered users. We may from time to time use this information to notify our clients of updates or changes unless otherwise notified not to do so.

All transactions on all Color-Pic, Inc.'s web sites including but not limited to Credit Cards are secure. We will make every reasonable attempt to keep the web sites as current and secure as possible. No web site is completely safe from hackers and so Color-Pic, Inc. cannot provide a 100% guarantee that a breach will not occur. All transactions in conjunction with this web site and all others owned and operated by Color-Pic, Inc. are at the users risk.

Miscellaneous

From time to time we will need to change and/or amend the terms and conditions of this web site. Color-Pic, Inc. reserves the right to do so without prior notice.