Digital Downloading Terms and Agreement

Digital Downloading Terms and Agreement

CONTENT USE AGREEMENT

This Agreement governs the terms by which clients of Xander Kabat Photography obtain the right to use the digital content of Xander Kabat Photography through the web site located at www.XanderPhotographics.com  (the “Site”). This Content License Agreement is in addition to the Terms of Use applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.

Background of Agreement

  • By downloading content from this site, you accept this Agreement and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the Content.
  • In this Agreement: (i) “you” or the “Client” means you ( the person downloading the content, (ii) “Xander Kabat Photography” or “we” means Xander Kabat Photography, operator of the Site; and (iii) “Content” means any photographic image, illustration, animation, film or video footage or any digital media or other material that you are downloading from the Site.

Downloading Terms

We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you may not do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Xander Kabat Photography.

Digital Image Licensing

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Xander Kabat Photography. Xander Kabat Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

  • The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Xander Kabat Photography. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
  • Under this provision, neither Xander Kabat Photography and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
  • A commercial license may be available upon request, and will require an additional contractual agreement between Xander Kabat Photography and the customer. Please contact us for more information.

Customer Allowable Actions

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

  • The customer may display Product(s) and Media on personal websites and computers.
  • The customer may make images and or prints for personal use.

 Customer Barred Actions:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

  • The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Xander Kabat Photography.
  • The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
  • The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
  • The customer shall not incorporate the Media, Product(s), or Xander Kabat Photography brand or logo into any trademarks, logos, or service marks.
  • The customer shall not make any purchased Media or Product(s) available for download.
  • The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.

Terms of Agreement

  • This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Xander Kabat Photography if at any time you fail to comply with any of it’s terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Xander Kabat Photography in writing that you have complied with these requirements.
  • Xander Kabat Photography reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
  • Upon notice from Xander Kabat Photography , or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Xander Kabat Photography may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Xander Kabat Photography shall provide you with replacement Content (which shall be determined by Xander Kabat Photography in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

7. Xander Kabat Photography Representations and Warranties

  • While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, Xander Kabat Photography does not warrant the accuracy of such information. Additionally, Xander Kabat Photography does not warrant the accuracy of any metadata that may be provided with the Content.
  • THE CONTENT IS 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. XANDER KABAT PHOTOGRAPHY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Xander Kabat Photography ) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

8. General Provisions

  • You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
  • Xander Kabat Photography’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
  • This Agreement is personal to you and is not assignable by you without Xander Kabat Photography’s prior written consent.
  • The parties have agreed that this Agreement and all related documents be drawn up in English.

9. Contact

If you have concerns relating to this Agreement, please contact Xander Kabat Photography at

10. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF XANDER KABAT PHOTOGRAPHY AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND XANDER KABAT PHOTOGRAPHY , WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND XANDER KABAT PHOTOGRAPHY RELATING TO THE SUBJECT OF THIS AGREEMENT.