Terms of Service

Dear Cannon Beach Photo Subscriber:

The following is a legal agreement (the “Agreement”) between you or the employer or other entity on whose behalf you are entering into this Agreement ("you") and Zoomdak LLC / Cannon Beach Photo ("Cannon Beach Photo"). Please read this Agreement carefully before downloading any Cannon Beach Photo images ("Image" or "Images"). By downloading any Image, you agree to be bound by this Agreement. Your failure to comply with the terms hereof could result in the immediate termination of your account.

Cannon Beach Photo reserves the right to change this Agreement at any time, and you agree to be bound by such changes. If and when changes are made notification will be provided to you. Please make sure that you read and understand all changes.

Commissioned photo-shoots for custom photos are available by request through Cannon Beach Photo / Zoomdak LLC.

Cannon Beach Photos displays images of the area in Oregon from Hug Point State Park to Tillamook Head and inland to the Pacific Northwest forests and Ecola Creek. Although every photo aims to present the area of Cannon Beach, not every Image has been captured within this area.

General Terms

You hereby agree that any other paid subscriber may use any of the Images available on Cannon Beach Photo, and you will not hold any other person or business liable for using the same Images you may.

All Images on the Cannon Beach Photo website are protected by United States and international copyright laws and treaties. Cannon Beach Photo owns all rights including the copyrights in and to the Images. Your rights to use any Image are subject to this Agreement and are conditioned upon your payment to Cannon Beach Photo for your use of the Images. Should you terminate your subscription, you agree to stop the usage of Cannon Beach Photo Images to the best of your ability in removing them from web usage, print material, advertising, etc.

You agree to use these Images as allowed by local, state, federal and international law.

Cannon Beach Photo will make every effort to provide a photo update every day, but there may be lapses between photo updates should unforeseen circumstances arise.

I agree to automatic sign up to a monthly email newsletter sent by Cannon Beach Photo that informs of new Images available. (An unsubscribe link is provided at the bottom of every send).

Usage Rights

By this Agreement, Cannon Beach Photo grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein. You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images.

Images are provided as is. If different edits are needed, you may request them of Cannon Beach Photo.

"Sharp for any display" means most full resolution Images can print up on a large display. This is completely dependent upon the original image. For exact pixel dimensions for a specific image, look at the "Image Dimensions" on single photo page.

Images may be modified in resizing, cropping, adjusting: color, brightness, contrast saturation, rotation.

Permitted Web / Electronic Uses

This Agreement grants you the right to:

Incorporate Images on web sites, provided that no Image is: i) displayed at a resolution greater than 1600 x 1600 pixels.

Use Images in coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email or linked to from unsolicited email.

Incorporate Images into software as background images or splash screens, including but not limited to video games, phone applications and device firmware, provided that the Images or any digital files containing the Images cannot be unincorporated from the software.

Use Images in multimedia presentations and incorporate them into film and video.

Use Images in eBooks, including multi-seat license electronic textbooks.

Permitted Print Uses

This Agreement grants you the right to:

Use Images as prints, posters, postcards (i.e. a hardcopy) and other reproductions for your own personal use and display, including display in commercial settings, provided such hardcopies are not resold or otherwise distributed.

Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions and further provided that the surface area of any single poster does not exceed 7.5 square feet.

Use Images in magazines, newspapers, books, book covers, textbooks, editorials and directories for editorial and/or advertising purposes.

Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark. Use Images in the artwork for the packaging of any product.

All other rights in the Images are expressly reserved by Cannon Beach Photo. If you wish to use an Image or Images in any manner not provided by this Agreement, contact Cannon Beach Photo.

Restrictions

You may not:

Use an Image other than as specified in this Agreement.

Use an Image in such a manner that it infringes upon any third party's trademark or other intellectual property.

Copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times in any physical medium, either directly or indirectly.

Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - in any manner that is defamatory, or contains unlawful or offensive content.

Resell these Images in any form: as stock images, as print material, or any use for commercial gain upon the Image alone. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.

Use Cannon Beach Photo Images as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement.

Use Images in a manner that competes with Cannon Beach Photo's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Images for sale, incorporating Images into templates of any nature, including templates for websites, social networking websites, documents, projects or otherwise making Images available for distribution and/or sale to third parties.

Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.

Miscellaneous

This Agreement grants you a single-user, single-seat license. This license may not be used simultaneously on multiple devices, or at any time by multiple persons. You agree to use this subscription for one client / property / business location only. Should you need to use Images for multiple clients / properties (as in a parent company with multiple child companies), please inquire with Cannon Beach Photo.

Cannon Beach Photo shall be under no obligation to refund the cost of a purchase. However, in the event that Cannon Beach Photo determines that you are entitled to a refund of all or part of your purchase price, such refund shall only be made to the credit card account originally used by you to make the subject purchase. If your payment was made by check, your refund will be made by check.

"Non-transferable" as used herein means that except as specifically provided in these Terms of Service, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein.

The work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Cannon Beach Photo Image(s) please notify us via email.

You agree to indemnify and hold Cannon Beach Photo, its employees & subscribers, harmless against any damages or liability of any kind arising from any use of images other than the uses expressly permitted by this Agreement. You further agree to indemnify Cannon Beach Photo for all costs and expenses that Cannon Beach Photo incurs in the event that you breach any of the terms of this or any other agreement with Cannon Beach Photo.

You Warrant and Represent that:

All information, including personal information, that you provide to Cannon Beach Photo is accurate, complete, and current at the time you provide it to Cannon Beach Photo. You agree to correct and update such information to ensure its accuracy and completeness at all times. Falsification of such information, or failure to comply with this Agreement may result in the termination of your account with Cannon Beach Photo.

You accept responsibility for any and all activities conducted through your Cannon Beach Photo account. You agree to notify Cannon Beach Photo immediately of any unauthorized use of your account, including the unauthorized use of your password or accounts, as well as of any other breach of security that may affect Cannon Beach Photo.

You must be at least 18 years of age to purchase the Cannon Beach Photo subscription and accept this Agreement. Cannon Beach Photo may require any registrant to provide sufficient proof of age.

If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Cannon Beach Photo for any breaches of the terms of this Agreement.

Credit Attributions and Copyright Notices for Editorial Uses of Images

You shall provide a link to www.cannonbeachphoto.com (where applicable) -OR- provide a credit to the Cannon Beach Photo in connection with the editorial use of any Image. Such credit shall be in substantially the following form: "Thomas Robinson / cannonbeachphoto.com"

The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that you cure such omission following email notice from Cannon Beach Photo.

Cannon Beach Photo does not warrant that the Image(s), Cannon Beach Photo website or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Image(s) is solely with you.

In the event that you breach any of the terms of this or any other agreement with Cannon Beach Photo, Cannon Beach Photo shall have the right to terminate your account without further notice. Such termination shall be in addition to Cannon Beach Photo's other rights at law and/or equity. Cannon Beach Photo shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of any such breach or breaches.

Cannon Beach Photo grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any Image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained.

In no event shall Cannon Beach Photo’s total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Cannon Beach Photo website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Cannon Beach Photo from you for your use of the applicable Image(s). Neither Cannon Beach Photo nor any of its officers, employees managers, members, shareholders, directors suppliers or those of its affiliates including parent companies and subsidiaries, shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Image(s), Cannon Beach Photo's breach of this Agreement, or otherwise, unless expressly provided for herein, even if Cannon Beach Photo has been advised of the possibility of such damages, costs or losses.

In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Cannon Beach Photo, Cannon Beach Photo will promptly file a complaint with www.ic3.gov, the Internet Crime Complaint Center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.

Cannon Beach Photo looks forward to providing you outstanding service and spectacular photography.

Effective March 9, 2015