Artistic Impressions Photography/Christine Olson and Jean Novak LICENSING TERMS & CONDITIONS

END-USER LICENSE AGREEMENT (EULA). By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between Artistic Impressions Photography (artisticphoto.com) (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use materials from this website.  Artistic Impressions Photography(artisticphoto.com)/Christine Olson/Jean Novak hereby represents that it owns all rights and copyrights to photographic and illustrative materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Artistic Impressions Photography (artisticphoto.com) and Christine Olson/Jean Novak.  "Materials" from our website will constitute and be defined as any photo, image, design, or layout represented on the Artistic Impressions Photography (artisticphoto.com) website.  By downloading any Materials from Artistic Impressions Photography (artisticphoto.com) you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website. 

Terms of Use and Conditions as Defined Below:

A. User's Rights to Materials from Artistic Impressions Photography (artisticphoto.com). You agree to access, acquire, and use our Materials only as follows:

1. These Terms and Conditions constitute a legal Agreement between You and Artistic Impressions Photography (artisticphoto.com), Christine Olson and Jean Novak. Artisticphoto.com grants you a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
   
2. You may access, acquire and use the materials downloaded from Artistic Impressions Photography (artisticphoto.com) subject to these Terms and Conditions in the following manner:

• a. In the development and creation of your personal website and space. You may modify the image, but the copyright does not change. The modified image remains the property of Christine Olson/Artistic Impressions Photography or Jean Novak. Modifications of the image under this agreement includes lightening and darkening, resizing the image to be smaller, using contrast, and applying filters to the image as a whole or in part.
• b.You may use an image from this web site in another photograph or work of art, in whole or in part, as a texture, element or layer, for personal use. The resulting image can not be used for commercial use, mass distribution or advertising without an additional fee to Artistic Impressions Photography. When there is material from Artistic Impressions Photography/Christine Olson/Jean Novak incorporated into anothers artwork or image, a proper notice of copyright will be required. Images put into the "Texture" Category will be exempt from the requirement that there be a copyright notice. Any image from the texture category may be pruchased, downloaded and used in another's work as a layer to enhance an image.
• c. You may purchase rights to use an image/illustration from Artistic Impressions Photography for business use, for use in magazines, in books, in newspapers, posters, billboards, and on book covers as whole or part of the cover's design.
• You may not resell or relicense materials from the Artistic Impressions Photography website.
• d. You may purchase rights to use an image for promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
• e. You may purchase a license to use an image/illustration as part of business presentation and layout for your business. Images for office decoration, lobby, retail store, or public area are at the prices mentioned on this web site for the size print/canvas that you want.
• f. You may pay for and use a digital download without purchasing a license from this site, for a PowerPoint presentation or newsletter for a community group, for education and  non profit organization, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in the presentation noting that some "images contained in the presentation are the copyrighted property of Artistic Impressions Photography (artisticphoto.com) Christine Olson or Jean Novak.  As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Artistic Impressions Photography (artisticphoto.com) and Christine Olson." You must also notify Artistic Impressions Photography about what organization is using the image and who the contact person is from the organization.
  
• f. You may purchase rights to use an image/illustration as a part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game. 

B. User's Restrictions on the Use of Artistic Impressions Photography (artisticphoto.com) Materials.  You agree not to access, acquire, or use our Materials in any of the following manners:

1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor let another access your account for any reason.
   
2. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from Artistic Impressions Photography (artisticphoto.com) section of this Agreement. 
   
3. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system.
   
4. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
   
5. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
   
6. You may not under any circumstances use Materials in connection with any criminal, illegal, obscene, immoral, or pornographic material. You may not use our Materials to harrass or intimidate others.

C. You understand and agree that Artistic Impressions Photography (artisticphoto.com) may, in its sole discretion:

1. Monitor your download activity from Artistic Impressions Photography (artisticphoto.com) as often as Artistic Impressions Photography (artisticphoto.com) determines under its sole discretion for any reason and for any violation of this Agreement.
   
2. Disable any account that engages in what Artistic Impressions Photography (artisticphoto.com) determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
   
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Artistic Impressions Photography (artisticphoto.com) sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
   
4. Investigate any abuse of your username and password in connection with the Artistic Impressions Photography (artisticphoto.com) website or in connection with this Agreement.
   
5. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
   
6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Artistic Impressions Photography (artisticphoto.com) without notice.  If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Artistic Impressions Photography (artisticphoto.com)  Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.

D. You understand that Materials are copyrighted and owned by Artistic Impressions Photography (artisticphoto.com) Christine Olson and Jean Novak only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. 
 
E. Artistic Impressions Photography (artisticphoto.com) and all Materials are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS."  Artistic Impressions Photography (artisticphoto.com) its employees, directors, and officers and anyone else associated with Artistic Impressions Photography (artisticphoto.com) makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  Artistic Impressions Photography (artisticphoto.com) further makes no representation or warranty that your usage of Artistic Impressions Photography (artisticphoto.com) will be uninterrupted, error free of computer viruses, or other damaging materials.  When you login to your account, and access Artistic Impressions Photography (artisticphoto.com) you do so at your own risk.
 
F. Artistic Impressions Photography (artisticphoto.com) its employees, directors, and officers, or anyone else associated with Artistic Impressions Photography (artisticphoto.com) shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.  Artistic Impressions Photography (artisticphoto.com), its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Artistic Impressions Photography (artisticphoto.com), and for accessing, acquiring, and/or using Materials from Artistic Impressions Photography (artisticphoto.com).
 
G. AGE OF MAJORITY.  You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement.  You further agree that you fully understand the contents, meaning and impact of this agreement.  You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement.  Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  You further attest that the information you provide to Artistic Impressions Photography (artisticphoto.com) is accurate and true, including without limitation your name, email address and credit card information.
 
H. You agree to fully, indemnify, and hold harmless Artistic Impressions Photography (artisticphoto.com), its employees, directors, officers, and any other entity associated with Artistic Impressions Photography (artisticphoto.com) and each  of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
 
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.