Terms of Use for HealthcarePhotos.com

For questions please contact us via email at support@HealthcarePhotos.com

HealthcarePhotos.com is a subscription-based royalty free stock photo web site that specializes in photos for the healthcare communications industry.

Use of this site and/or downloading any material means you agree to the following Terms of Use:
Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions do not use this website. By using this website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms then you should leave this website immediately, delete any of the materials you have downloaded, and/or not subscribe to this service.

Ownership of our Website
This site is owned and operated by Hansen Photographics Inc., doing business as HealthcarePhotos.com.
All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by HealthcarePhotos.com, its licensors or its third-party image partners.

Protection of Intellectual Property
The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with HealthcarePhotos, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. This web site, its Content and all related rights shall remain the exclusive property of HealthcarePhotos or its licensors unless otherwise expressly agreed.

Indemnification
You agree to indemnify and hold HealthcarePhotos, Inc., its officers, employees, shareholders, directors and suppliers harmless against any damages or liability or any kind arising from any use of the Image other than the uses expressly permitted by this Agreement.

Neither HealthcarePhotos.com or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.

How you may use the photos downloaded from this website
Images may only be used once you have agreed to these Terms and Conditions and paid the relevant membership fee.

The Standard royalty free license allows the following uses.

Web pages
CME materials
Electronic devices
Broadcasts
Exhibitions
Advertising
Promotional materials
Products
Publications
Ebooks
Personal use
Comps and layouts
Samples
Books
Multimedia
Letterhead
Decorations
Displays
Opt-in emails marketing
Publicity
Blogs
Brochures
Screensavers
Reports and presentations

If a large print run or circulation use over 200,000 is discovered the member will be billed for a Premium RF license and the member agrees to pay the invoice for the price difference within 30 days.

The Premium Royalty Free License Allows the following additional uses:
High circulation newsletters and magazines, 200,000 and above
High circulation advertising and printed pieces, 200,000 and above
Templates
Software applications
Posters
Art prints
Calendars
Postcards and ecards

Usage that is not allowed
You cannot give away the photos
You cannot share photos on a disk, network or database
You cannot sell the photos
No company trademarks
No Logos
No pornographic or offensive uses No unlawful or immoral uses
You cannot resell or redistribute the photos by any means or redistribute or resell the photos by a third party.

Sensitive Use Disclaimer
You cannot use a photo of a person in a manner endorsing a product or service unless you include a statement that the person is a model and is used for illustrative purposes.
You cannot use a photo with a controversial subject matter such as tobacco ads, religious and political endorsements, defametory uses or in an unflattering manner without including a statement that the person is a model and is used for illustrative purposes.

List of Sensitive Subjects The following sensitive subject list is intended to give the user only a range of topics that fall under the sensitive subject heading, and is by no means a complete list:

List of Sensitive Subjects
The following sensitive subject list is intended to give the user only a range of topics that fall under the sensitive subject heading, and is by no means a complete list:
Abortion, Adoption , Aids/HIV, Alcohol, Birth defects, Breasts and breast enhancements, Cancer and major illness, Child abuse, Contraception, Dating agencies, Depression, Drugs and substance abuse, Eating disorders, Feminine hygiene, Fertility issues, Gambling, Genitalia issues, Guns and weapons, Homelessness, Homosexuality, Illegal activities, Impotence, Incontinence, Medical conditions or procedures, Mental health issues, Menopause, Nationalistic or religious fanaticism, Hate groups, Political affiliation, Poverty, Psychiatric issues, Religious affiliation, Sexual issues, Sexual harassment, Sexual preference, Smoking, Suicide, Teenage issues, Teen pregnancy, Tobacco, Welfare or economic aid.

Model and Property Releases/Clearances
All photos with a recognizable face are model released. All model releases are on file at the Healthcarephotos' offices. An Image designated as "model released" means that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses.

The rights Healthcarephotos grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights, registered or copyrighted designs or works of art or other rights belonging to third parties. Healthcarephotos makes no representations or warranties whatsoever as to the legality or validity of any Release associated with an Image.

If Healthcarephotos erroneously advises you that an Image is model-released when it is not, Healthcarephotos' liability shall be limited to the amount you paid Healthcarephotos for the use of the Image. Any license granted by Healthcarephotos is conditioned upon your obtaining all necessary third-party rights, releases and permissions.

To Register for a Membership account
You agree that are at least 18 years of age and have the right to enter into this Agreement.
You agree that you reside in a country to which import of USA products are allowed.
You will only use the Images in any way that is permitted by this Agreement.
Your use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity.
The information you provide Healthcarephotos is accurate and true, including without limitation all credit card and Paypal information.
You agree that you will not share or disclose your username and password combination to any other user or third party.

If you breach any provision of this section, we shall be entitled to (1) terminate this Agreement immediately upon notice to you (2) retain all payments paid pursuant to this Agreement and (3) seek any legal or equitable remedies.
You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify HealthcarePhotos of any unauthorized use.

Downloading the content, including any image or photo does not transfer title to the content, or any intellectual property rights therein.
You understand that content is copyrighted and may be owned by a third party and any unauthorized use by you may be an infringement of such copyright.

You understand and agree that if you become a subscriber to the HealthcarePhotos service, and agree to the Terms and Conditions, HealthcarePhotos may, in its sole discretion, may monitor anything you download from the HealthcarePhotos website, as frequently as HealthcarePhotos in its sole discretion determines, for any violation of this agreement. Monitor activity for potential violations or abuse of a username and password. Track any abuse of your username and password in connection with the HealthcarePhotos website or in connection with this agreement. Terminate your account, without notice, if it finds what HealthcarePhotos believes to be any violation of this agreement and/or any abuse of your username and password.

If your account is terminated for any violation of this agreement and/or any abuse of a username or password, you lose all rights to HealthcarePhotos content and must immediately delete all content acquired from HealthcarePhotos.
This website contains copyrighted photographs and images. It is illegal to duplicate, distribute or sell any content from this website other than as expressly authorized and you also recognize and agree that you are subject to the Terms of Use of the HealthcarePhotos website.

Disclaimer - Web Site and Materials Provided "As Is"
HEALTHCAREPHOTOS PROVIDES YOU WITH ITS SITE AND IMAGES ON AN "AS IS" BASIS. HEALTHCAREPHOTOS MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER HEALTHCAREPHOTOS NOR ANY HEALTHCAREPHOTOS AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL HEALTHCAREPHOTOS OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Data Protection Disclaimer
The information you supply on the registration form will be kept on a database for purposes as registered under the Data Protection Act.

Regarding Cookies
When you visit the HealthcarePhotos website, we place a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. This file allows us to provide you with more convenience such as the lightbox and enhance your browsing experience. Most browsers allow you to reject cookies, but if you were to do so, these pages may not display properly. The cookie can only be read by the HealthcarePhotos website.

Email
If you do not want to receive e-mail from us in the future, please let us know by sending us notification via e-mail at support@healthcarephotos.com.

Product Availability
Products, services, and programs in this web site may not be available in your country. References to any product, service, or program do not imply that HealthcarePhotos intends to make available such products, services, or programs in your country.

Subscription Plans
Membership subscriptions cannot be upgraded nor downgraded upon download of first image. There shall be no extension of subscription period if the client failed to download any images due to their Internet connectivity problems. HealthcarePhotos will fully reimburse the "lost days" only if the HealthcarePhotos server is inaccessible worldwide. Subscriptions include unlimited Image downloads during active subscription period. A month is defined as 30 days.

Photo Credit
Image(s) used editorially should bear a credit line as indicated: HealthcarePhotos.com/Contributor. The credit line must include credit to both HealthcarePhotos.com and the contributor.

Termination
The license contained in this agreement will terminate automatically without notice from HealthcarePhotos, in HealthcarePhotos sole discretion, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, HealthcarePhotos reserves the right to terminate this site without notice.

Copyright
The copyright of all content uploaded by a Contributor is retained by the Contributor. Contributors may not upload content to which they do not own the copyright.

Notification of Copyright Infringement
HealthcarePhotos may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on HealthcarePhotos' site, send the HealthcarePhotos President a notice containing:
1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2 description of the copyrighted work or other intellectual property that you claim has been infringed;
3 a description of where the material that you claim is infringing is located on the Web 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
7 a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Barbara Hansen, President
HealthcarePhotos
189 Drake Avenue, 2C
New Rochelle, NY 10805

Privacy Policy

Currency of Web site
HealthcarePhotos updates the information on this Web site regularly. However, HealthcarePhotos cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site.

Linked Web Sites
There may be links to other websites from the HealthcarePhotos website; however, these other websites are not controlled by HealthcarePhotos and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against HealthcarePhotos regarding the inclusion of links to outside websites or your use of those websites.Links to third-party sites are not an endorsement by HealthcarePhotos of such sites.

Internet Software or Computer Viruses
The HealthcarePhotos site may contain or use technology that provides HealthcarePhotos and its affiliates with information regarding your use of this site, or which permits HealthcarePhotos to audit your compliance with this Agreement via the use of software designed to track and identify Images. Please consult HealthcarePhotos Privacy Policy for specific information on HealthcarePhotos policies for use of your personal information.

HEALTHCAREPHOTOS DOES 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 HEALTHCAREPHOTOS WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

NEITHER HEALTHCAREPHOTOS NOR ANY THIRD PARTY DATA FILE PROVIDER WARRANTS THAT ANY DATA FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY DATA FILES DOWNLOADED BY YOU IS YOURS.

NEITHER HEALTHCAREPHOTOS, ANY THIRD PARTY DATA FILE PROVIDER NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Refund Policy
You must request a refund within three days of your purchase. A refund will only be made if you have downloaded less than 10 images and you are willing to sign a statement that you have deleted all images downloaded and you will not use the images in any way whatsoever. A 10 percent processing fee will be charged for refunds.

Governing Law, Jurisdiction and Attorney's Fees
This Agreement shall be governed by the laws of the State of New York. The venue of any action respecting this Agreement, any Image, or use thereof, shall be in the state of New York and county of Westchester and not elsewhere. If HealthcarePhotos is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse HealthcarePhotos for its legal fees, costs and disbursements if HealthcarePhotos is successful. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.

No Assignment
This agreement is not assignable or transferable on the part of USER.

No Waiver, Severability
No action of HealthcarePhotos, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and affect. We reserve the right to change these terms, the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice. These Terms set out the entire agreement between HealthcarePhotos and you relating to your use of this Site.

Entire Contract
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HEALTHCAREPHOTOS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND HEALTHCAREPHOTOS RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN HEALTHCAREPHOTOS WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.

ALL IMAGES ON THIS SITE ARE DIGITALLY WATERMARKED AND TRACKED. ANY UNAUTHORIZED USAGE WILL BE ELECTRONICALLY REPORTED.

Revised May 14, 2007