1. Use of the Site
This Web site and its contents (the “Content”) are intended for customers of Great Shot! Stock Photos. You may not use this Web site or the Content for any purpose not related to your business with Great Shot! Stock Photos. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with Great Shot! Stock Photos; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Great Shot! Stock Photos product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in Great Shot! Stock Photos’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
2. Intellectual Property
- Who owns the content?
All of the licensed photographic content is owned by Peter Kapoyanis, photographer. All rights not expressly granted in this agreement are reserved by Great Shot! Stock Photos and Peter Kapoyanis, photographer.
- Do I need to include a photo credit?
You need to include a photo credit for commercial use and if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “Photography by Peter Kapoyanis.”
Great Shot! Stock Photos and any other product or service name or slogan contained in the Site are trademarks of Great Shot! Stock Photos and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Great Shot! Stock Photos or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing ” Great Shot! ” or any other name, trademark or product or service name of Great Shot! Stock Photos without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Great Shot! Stock Photos and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
4. Currency of Web site
Great Shot! Stock Photos updates the information on this Web site regularly. However, Great Shot! Stock Photos cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Great Shot! Stock Photos may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
5. Linked Web sites
This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Great Shot! Stock Photos monitors or endorses these Web sites. Great Shot! Stock Photos does not accept any responsibility for such Web sites. Great Shot! Stock Photos shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
6. Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.
Great Shot! Stock Photos shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Great Shot! Stock Photos recommends that you install appropriate anti-virus or other protective software.
7. Web Site and Materials Provided “As Is”
THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Great Shot! Stock Photos DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
8. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
Feel free to visit our contact us page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Great Shot! Stock Photos is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:
- Great Shot! Stock Photos has no obligation concerning such information;
- the information is non-confidential;
- Great Shot! Stock Photos may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
11. Applicable law
This Web site is controlled, operated and administered by Great Shot! Stock Photos from within the state of Victoria, Australia. This Web site can be accessed from all states and territories of Australia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Victoria, Australia, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of Victoria, Australia and the federal laws of Australia applicable therein (without reference to conflicts of laws principles).
12. Restricted Uses
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
- No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
- Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
- No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
- No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
- No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
13. Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
- Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
- File Download Refunds – Great Shot! Stock Photos does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Great Shot! Stock Photos.
- All requests for refunds/cancellations must be made in writing. If the request is approved, Great Shot! Stock Photos will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
15. What does Royalty free mean?
Royalty-free means that once a license fee is paid, the images may be used many times without paying additional fees, but the initial license is necessary to protect yourself and your clients.