Welcome to this Photolibrary website. photolibrary.com is a website which is operated by Photolibrary Group Inc (EIN - 98-0411744) (herein after referred to as "PL").

In purchasing goods or services from the Photolibrary website, Your agreement is with PL. All of the Content featured or displayed on the Website is owned by PL, its related bodies corporate or content providers and is protected by copyright, trademark, trade dress and other United States and International laws relating to intellectual property.

Following are the terms that govern Your use of the Website and any material available from it. Please read these terms before You continue to use the Website or purchase or download any Digital Image or Software. Your continued use of the Website will make the terms into a binding contract between You and PL regarding such use.

IF YOU ARE THINKING OF MAKING A PURCHASE YOU MUST ALSO READ OUR DIGITAL IMAGE LICENCE TERMS AND CONDITIONS. YOU WILL BE ASKED ON THE ORDER PAGE TO EITHER AGREE OR DISAGREE WITH THE LICENSE TERMS AND CONDITIONS. IF YOU AGREE WITH THE TERMS AND CONDITIONS PLEASE CLICK ON THE 'AGREE' BUTTON TO ACCEPT THIS AGREEMENT, IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS PLEASE CLICK ON THE 'DISAGREE' BUTTON TO DECLINE THIS AGREEMENT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

1. Definitions
2. Limitation of Liability
3. Copyright
4. Whose Rules
5. Complaints
6. What to do if You are unsure of Your rights

In these terms and conditions:

1. 'PL' means Photolibrary Group Inc (EIN - 98-0411744).
2. 'You' means a party who uses the Website or who downloads any Digital Image. If You use the Website or download a Digital Image on behalf of Your employer this definition will include Your employer. You will ensure that any person supplied any Digital Image at Your request will comply with these terms, and will be personally liable to PL if such person fails to do so, as if such failure were a failure by You.
3. 'Content' means all of the content featured or displayed on the Website, including, but not limited to, Digital Images, Software and all other text, graphics, photographs, images, moving images, sound, illustrations and software.
4. 'Digital Image(s)' means both Low Resolution Digital Imagery and High Resolution Digital Imagery available for download on the Website.
5. 'High Resolution Digital Imagery' means high-resolution images and/or film clips available for downloading on the Website.
6. 'Invoice' means an invoice sent to You in accordance with these Terms and Conditions.
7. 'Low Resolution Digital Imagery' means low resolution comping images and film clips available for downloading from the Website.
8. 'Software' means any software program or code provided by PL in order to support the use of Digital Images which are obtained by You from the Website.
9. 'Reproduction' means any form of colour or black and white copying, publication, distribution or other communication to the public of the whole or part of any Digital Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means. Reproduction further includes the use of whole or part of any Digital Image in the creation of another picture, which may be partly or completely different from the original Digital Image whether such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means. "Reproduce" has a corresponding meaning.
10. 'Website' means the whole or any part of the web site pages located at http://www.photolibrary.com (including the layout of the Website, graphic design elements of the web site pages, underlying code elements and any text, graphics, sounds, animated elements or other content of the Website).

You may have certain rights and remedies available to You in relation to the provision by PL of goods and services on the Website ("Basic Rights"). Except as provided by the Basic Rights:

1. all other conditions and warranties either express or implied by custom, law or statute are excluded;
2. the Software and Digital Images we provide and all Content on the Website is provided without any warranties of any kind, either express or implied, other than as we expressly state (for example, we expressly promise that we are entitled to license the Digital Images and Software on the Website);
3. PL does not warrant that Your access to the Website or the functions contained on the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and submits Content to You via the Website are free of viruses, malicious computer code transmitted on or through the Website or other harmful components;
4. PL expressly disclaims the accuracy of all descriptions and specifications of any products displayed or viewed through the Website;
5. PL expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through the Website.

Use of the Website is at Your own risk. Subject to these terms, You assume full responsibility and risk of loss resulting from Your downloading, use of, or access to data, files, information, Content, or other material on or through the Website. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS OF OR DAMAGE TO GOODWILL OR OTHER EXPECTATION BENEFIT OR LIABILITY TO ANY THIRD PARTY, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT PROVIDED ON IT OR THROUGH IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THAT SUCH DAMAGES WERE FORESEEABLE.

The Digital Images, Software and other Content we provide on the Website is all subject to copyright - in the United States and elsewhere - belonging to us and to other people. Your use of the Digital Images, Software or other Content we provide or accessible through the Website does not grant You any ownership rights in these items. Except as permitted by law, You may not de-compile, reverse engineer, disassemble or otherwise reduce to human-readable form any software contained on the Website. Prior to purchase or download of any Digital Image from the Website You should read and understand the Digital Image License Terms and Conditions.

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York, New York, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If USER is an agent for or an employee of a non-U.S. Company but operates in a place of business in the United States or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. USER agrees to be subject to the jurisdiction of the Federal Court of the Southern District of New York. If THE COMPANY is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by USER.

PL aims to resolve any grievance You may have before it gets to the stage of a complaint or dispute. Our intention is to keep You happy through great service and by providing timely resolution of complaints, should the occasion ever arise. To that end, PL has fair policies in place.

You should retain all order, Invoice and receipt documentation from any purchase in order to explain, authenticate and expedite any claim you might have.

If You have a complaint about our products or services or are seeking a refund please send an email to ussales@photolibrary.com clearly describing the circumstances of Your grievance. We will revert to You as soon as we can after investigating Your complaint or refund/return request, but at least within 5 business days from the date we receive Your email.