1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that BuyPhotoStore.com (“BuyPhotoStore.com”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 BuyPhotoStore.com may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of BuyPhotoStore.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

 

2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with BuyPhotoStore.com, and the law, you may access and use the Site. BuyPhotoStore.com remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. BuyPhotoStore.com may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in BuyPhotoStore.com’s sole discretion. BuyPhotoStore.com provides the Site on an “as is” and “as available” basis.

2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “BuyPhotoStore.com Content”), as well as the selection and arrangement of the BuyPhotoStore.com Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any BuyPhotoStore.com Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and BuyPhotoStore.com, BuyPhotoStore.com does not grant any express or implied permission to use the Site or any BuyPhotoStore.com Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any BuyPhotoStore.com Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or BuyPhotoStore.com Content.

2.3 Unless you enter into a license agreement with BuyPhotoStore.com you may not download, distribute, display and/or copy any BuyPhotoStore.com Content.

2.4 You may not remove any watermarks or copyright notices contained in the BuyPhotoStore.com Content.

 

3. INFORMATION YOU PROVIDE

3.1 BuyPhotoStore.com (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to BuyPhotoStore.com subject to your agreement with the applicable third-party platform. BuyPhotoStore.com’s collection and use of all such information shall at all times conform to this Terms of Use, the BuyPhotoStore.com Privacy Policy, and applicable law.

3.2 BuyPhotoStore.com will use and protect your personal information, such as your name and address, in accordance with the BuyPhotoStore.com Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

 

4. LIMITATIONS

4.1 You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of BuyPhotoStore.com or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • Violate the rights of BuyPhotoStore.com or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

5. RESTRICTION AND TERMINATION OF USE

5.1 BuyPhotoStore.com may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or BuyPhotoStore.com Content at any time in BuyPhotoStore.com’s discretion, without prior notice or liability to you. Any conduct by you that, in BuyPhotoStore.com’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

 

7. WARRANTIES AND DISCLAIMERS

7.1 Your use of the Site is at your own risk. The Site is provided by BuyPhotoStore.com under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. BuyPhotoStore.com expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BuyPhotoStore.com makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. BuyPhotoStore.com makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Shutterstock will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

 

8. INDEMNIFICATION

8.1 You agree to defend, indemnify and hold harmless BuyPhotoStore.com, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters 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 your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the BuyPhotoStore.com Content, or your violation of any rights of another.

 

9. MISCELLANOUS

9.1 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Texas, without respect to its conflict of laws principles.

9.2 In the event of any conflict between these Terms of Use and any license agreement you enter with BuyPhotoStore.com, the terms of such license agreement shall control.

9.3 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

 

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Photo taken on July 4th 2017 at McAllen, Texas.

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