TERMS AND CONDITIONS OF USE

The ObsidianStock.com website permits the use of photographs for reproduction purposes after negotiating a valid usage license between Obsidian Stock LLC ("Obsidian Stock") and any interested party(s) (“Client”). All such transactions are governed by the Terms of Use below. No downloading, copying, personal or commercial use of any visual content found on ObsidianStock.com may be made prior to purchasing a license. United States and international copyright laws protect all visual content on ObsidianStock.com.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN THE CLIENT AND OBSIDIAN STOCK, AND IS AUTOMATICALLY ENTERED INTO AT THE TIME OF PURCHASE.

NO FURTHER CONTRACT IS REQUIRED FOR THE IMMEDIATE USE OF A PURCHASED IMAGE(S). THE CLIENT MAY WANT TO KEEP A PRINTED COPY OF THIS AGREEMENT FOR THEIR RECORDS.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE CONTINUING TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE(S). BY USING THIS SITE AND PURCHASING IMAGES FROM IT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THIS SITE.

Ownership of This Website

This website is owned and operated by Obsidian Stock. All of the Content featured or displayed on this website, including, but not limited to, text, graphics, images, illustrations and software code ("Content"), is owned or distributed by Obsidian Stock. Photographic copyrights are owned by the photographer credited for each image. For the protection of the Content on ObsidianStock.com, we may elect to digitally watermark any image.

Your Use of the Content

Until you purchase a license from ObsidianStock.com, you may not download, reproduce, distribute, transmit, or otherwise exploit the Content in any way except as described in the Terms of Use. Your use is limited to the scope of the license agreement you enter into with your purchase. Unauthorized use (intentional or unintentional) beyond the license you purchased will render your license invalid, make you ineligible for a refund, and result in legal actions from Obsidian Stock. All elements of the Obsidian Stock website, including, but not limited to, the general design and the Content, are protected by copyright, trademark and other laws relating to intellectual property rights.

Layout or Comp Usage

Obsidian Stock grants to its Clients a personal, non-transferable, non-exclusive right to copy low-resolution images from its website onto Client’s computer hard drive for temporary layout or comp use only. The image(s) may be copied, modified and incorporated in materials for in-house presentations, storyboards, or rough draft designs, but under no circumstances may they be used in final projects or on any Intranet or Internet. No other rights are granted.

TERMS OF USE

1. Terms: Unless otherwise negotiated and made lawful in written form, all images purchased from ObsidianStock.com are licensed under the Broad-Use license. The terms for such a license are:

USE:
One time only. An image may be used only once, in on project and for one use. Additional licenses may be purchased if multiple uses of an image are required.
PURPOSE:
An image may be used for a variety of purposes from editorial to advertising, but is limited by the size of the file purchased.
EXCLUSITIVITY:
NON-exclusive.
TERM:
A maximum term of 5 years is imposed on every license. A new license may be purchased after the current term has expired.
TERRITORY:
One country/One language

2. Electronic Rights: The purchase of a high-resolution image for print use does not automatically include electronic rights. On the other hand, low-resolution (72dpi) images are sold for electronic use on websites only, and shall never be used in print.

3. Storage: Downloaded files may not be stored or archived – all files are to be destroyed within two weeks after their one-time use.

4. Copyright: The copyright to all images and to all content on ObsidianStock.com is retained by the photographer credited to each image. At no time whatsoever is copyright transferred. The rights granted by this agreement are not transferable to a third party, nor are the rights granted to be misconstrued as being a transfer of ownership or transferal of copyright to any individual, group or corporation. Equally, the payment of usage fees does not constitute a "deposit" towards ownership, nor will money paid to Obsidian Stock go towards a "transfer" of ownership.

5. Copyright Notice: Unless otherwise stipulated, any use must be accompanied by a copyright notice listing photographer and agency (© Photographer’s Name/Obsidian Stock). In the event of failure to comply with this provision, you will be invoiced for double the usage fee.

6. Model or Property Releases: Unless otherwise indicated, it is assumed that any and all image(s) on ObsidianStock.com are without a model or property release. Images with recognizable people or private properties that do not have a release CANNOT be used for advertising purposes, but may be used for editorial purposes. No paper releases are on file with Obsidian Stock, but instead are on file with the copyright holder. Any unauthorized or inappropriate use is the sole responsibility of the Client.

7. Liability: You assume full liability for your employees, agents, messengers, and freelance researchers for any misuse of the images.

8. Payment: All purchases must be made via ObsidianStock.com, and payment can be made via one of the available electronic payment gateways. Checks or money orders will only be accepted after prior negotiation and if no other payment options are available to the Client, and will be subject to a $20.00 surcharge per transaction.

9. Non-Payment: Once an image (s) has been selected, purchased and downloaded, a lack of funds or the cancellation of the bank account, credit or debit card, or the refusal of payment by the financial institution associated with the payment will constitute willful copyright infringement.

10. Alterations: Manipulating an image in a Photoshop-type image editing program in an attempt to alter the composition and/or the content to create a "new" image that Obsidian Stock has no dominion over is strictly prohibited. Purchase of a smaller-size image and then attempting to increase file size with digital interpolation is also strictly prohibited. If required, an image may be altered only after written confirmation from Obsidian Stock.

11. Resale: It is prohibited to resell any image(s) or content from Obsidian Stock to another individual or entity.

12. Illegal Uses: Archiving, republishing, transmitting or altering any image(s) found on ObsidianStock.com in support of illegal, fraudulent or misleading activities is strictly prohibited. In the event that the image(s) requested are to be utilized in supporting sexually graphic materials or sexually oriented messages, prior notice and permission must be obtained from Obsidian Stock before downloading any content from the site. At no point in time is it to be assumed that permission will be granted.

13. Violation of Terms: If it becomes apparent that any terms of this agreement have been abused or violated in any way, your purchased license(s) for the image(s) in question will be rendered null and void without a right for a refund, and all legal actions available will be taken by Obsidian Stock to protect its property and the copyright of the image(s) in question.

13. Refunds: After a sale has been finalized, there will be no refund of money paid to Obsidian Stock, regardless if the image(s) have been utilized in the allotted timeframe or not. However, under special circumstances, an exchange for a different image(s) may be possible, but never without prior written permission from Obsidian Stock. If you elect not to use the image(s) during the allotted timeframe, the project is placed on hold, or there is a change of budget or creative direction, Obsidian Stock is not obligated to refund money. It is your choice not to utilize the image(s) you've selected and paid for. At no time whatsoever, will Obsidian Stock refund money paid against remaining time on a license.

14. Objections: Objections to these terms must be made in writing before image usage. Use of image(s) constitutes acceptance of these terms.

15. Warranty: The images on Obsidian Stock are provided “as is” and exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality of fitness for a particular purpose. Obsidian Stock will not be liable for any damages of any kind arising from the use of this site.

16. Indemnification: Client shall indemnify and hold Obsidian Stock harmless against any losses, expenses, costs or damages incurred as a result of Client’s breach of Terms or unauthorized use of the content and related rights. Any dispute in connection with these Terms including their validity, interpretation, performance or breach shall be arbitrated in Oregon, pursuant to rules of the American Arbitration Association and laws of Oregon. Judgment on the Arbitration award may be entered on the highest Federal or State Court having jurisdiction. Any dispute involving $1,500.00 or less may be submitted, without arbitration, to any Court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable attorneys’ fees, plus legal interest on any award or judgment.