advanced search

Welcome to sitephocus, please log in or subscribe.

learn more | log in

TERMS AND CONDITIONS

INTRODUCTION
Your use of this website means you agree to the following terms of use (the “Terms of Use”). If you do not agree with these terms you leave this website (the “Site”) immediately, not use the files herein, and/ or not subscribe to this service. Sitephocus, LLC (“Sitephocus”) reserves the right to update the Terms of Use at any time without notice to you.

CREDIT PROVISION
Sitephocus welcomes use of these images and grants limited permission for their use. All uses, including editorial, must include a credit and the following credit line must appear adjacent to the image(s) (or on an obvious credits page or screen): © 2005 Sitephocus, LLC., www.sitephocus.com

LIMITED LICENSE
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by sitephocus, LLC. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you.

WARRANTIES AND COVENANTS
You represent, warrant and covenant that: 1. You are at least eighteen years of age and have the full right and authority to enter into this license on behalf of yourself and/or you company, employer or principal; and 2. You are solely responsible for obtaining any and all releases and clearances as may be required, and you should not rely solely on the information provided by sitephocus, LLC. If you are unsure whether additional rights are needed for your use of the images, you are responsible for consulting with competent legal counsel.

PERMITTED USES
This is the legal agreement between you, your company, your employer and/or you client (in the case you are an agent acting for a single client), as the case may be (collectively “Subscriber” or “you”), and Sitephocus. Please read the following terms and conditions. Your acceptance of these terms is an absolute condition to your access to and use of any image(s). Downloading and/or using any image(s) from Sitephocus confirms your acceptance of these terms and forms a legal contract between you and Sitephocus. Sitephocus reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do no download or use any Image(s). Images are licensed for use in publications such as Master Plan documents, digital presentations, and print outs for personal use. If there are any questions as to whether a use is permitted, please feel to free to contact us and describe in detail how the images will be used and we will clarify any and all limitations. Subject to the terms of this Agreement, you may:

  1. Back up and store single Image(s) as necessary on a single server for archival, tracking or asset management purposes only.
  2. Use the Image(s) in any electronic or print media, provided such use is not intended to allow the re-distribution or re-use of the Image(s).
  3. Use the Image(s) in any items for personal use, including calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution or re-use of the Image(s).
  4. Modify or alter the Image(s) as necessary for your use, provided that if such modification or alteration constitutes a derivative work, the rights to all such derivative works shall belong exclusively to sitephocus, LLC and that you shall only use such derivative work in accordance with this agreement. If requested by Sitephocus, you agree to execute a written assignment of any such rights, including copyrights, at no cost to Sitephocus.
  5. Use the Image(s) in connection with your business or entity, eg. Corporate identity documents and letterhead, except as prohibited below.
  6. Use the Image(s) for any other uses approved in writing by Sitephocus.

PROHIBITED USES
Publications with circulation over 1000 copies and uses where royalties are received. For these uses, separate terms and conditions may be obtained for specific circumstances by contacting us. Images are not licensed for use in advertisements or any other commercial materials. You shall not sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s). You shall not reverse engineer, decompile, translate, or disassemble any part of the Image(s). You shall not remove any copyright, trademark or watermark from any place where it appears on the Image(s). You shall not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service. You shall not us the Image(s) in connection with any pornographic, defamatory, libelous or otherwise unlawful activity. Images are not licensed for use in a downloadable or FTP format. You shall not use the Image(s) to compete with Sitephocus. You shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Sitephocus account information), use of the Service, or access to the Service.

USE
No ownership or copyright in any image shall pass to the Subscriber by the issuance of the license contained in this agreement. Reproduction of protected subject material found in any image is prohibited. The portion of the copyright pertaining to the image is a photographic work only and excludes any copyright for any portion of the architectural, landscape, and site designs contained within the works designed by others. If you believe that content appearing on the Site constitutes copyright violation of another party's rights, please follow our instructions about Copyright and intellectual property.: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide hereafter, Sitephocus’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Sitephocus site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact Sitephocus’s Copyright Agent as follows: [Sitephocus Contact info or ATTY]
  7. Subscribers will be limited to 75 downloads per day.

Sitephocus reserves the right to terminate subscription without notice if, in Sitephocus’ sole discretion, Subscriber fails to comply with any of these Terms of Use. Upon termination, Subscriber must immediately cease the use of images and delete or remove any downloaded material from Subscribers electronic or physical storage. In the event that an infringement upon any Sitephocus copyright is discovered, you will be notified and invoiced at triple the Standard Fee for an unauthorized usage and/or prosecuted for copyright infringement in U.S. Federal Court where you will be subject to fines of up to $150,000 (US) statutory damages as well as all court costs and attorney’s fees.

NO TRADEMARK OR COPYRIGHT REGISTRATION
Under no circumstance may you trademark or copyright images that you find on this site.

SEVERABILITY
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

WAIVER
No action of Sitephocus, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement.

IP PROTECTION
The design or layout of any website owned, operated, licensed, or controlled by or associated with Sitephocus, is protected by United States and International Law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

CHOICE OF LAW
This Agreement will be governed in all respects by the laws of the State of Tennessee, U.S.A., without reference to its laws relating to conflicts of law.

TERMINATION WITHOUT NOTICE Sitephocus reserves the right to terminate this site without notice. Sitephocus further reserves the right to replace Image(s) with an alternative Image for any reason.

DISCLAIMER
Despite the fact that Sitephocus uses its best efforts to ensure the accuracy of the Content on the site, we do not warrant that the Content or functions contained in the site will be free from errors, interruptions, omissions, defects, viruses, or other damaging elements, or that Sitephocus will correct any errors, omissions, or defects. You assume the cost of service, repairs, or corrections to your hardware, software, or other equipment.

INDEMNIFICATION
You agree to indemnify and hold Sitephocus, its affiliates, parents, subsidiaries, employees, directors officers, successors, assigns, distributors, attorneys or anyone else associated with Sitephocus, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys’ fees) asserted against Sitephocus arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement.

JURISDICTION
Notwithstanding the foregoing, Sitephocus shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction within the State of Tennessee to obtain injunctive or other relief against you in the event that, in the opinion of Sitephocus, such action is necessary or desirable. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

LEGAL FEES
You agree to reimburse Sitephocus for its legal feels, costs and disbursements if Sitephocus is successful in enforcing any of its rights under this Agreement.

ACKNOWLEDGEMENT OF CONTRACT
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.

ENTIRE CONTRACT
This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.

CONTACT INFORMATION
Sitephocus, LLC P.O. Box 120144 Nashville, TN 37212