Blue Planet Archive Terms & Conditions

DISCLAIMER:

All images and video clips (motion pictures) on this website are copyright protected. Use of images and videos is subject to issuance and payment for a licensing agreement. Please read the Terms and Conditions carefully, as the use of our images constitutes a legal and binding agreement between you and Blue Planet Archive LLC.

RESTRICTIONS ON USE:

Material from BluePlanetArchive.com may not be copied, distributed, reproduced, recreated, republished, uploaded, downloaded, posted, transferred, or transmitted in any way without the prior written consent of Blue Planet Archive LLC, other than as stipulated in these Terms and Conditions, or as specified in our invoice, once said invoice is paid in full.

PERMITTED USAGE:

Low-resolution digital photography files on this website are for examination only. Such files, including but not limited to thumbnails and larger preview or enlarged view files, may be downloaded for use in comprehensive layouts or comps.

High-resolution digital photography files and video clips may not be reproduced or used in any way without; A) express written permission on our invoice stating the rights granted and the terms thereof and; B) payment of said invoice. The reasonable and stipulated fee for any other usage shall be three times our normal fee.

The sale of rights for print use does not confer any rights for electronic usage. No usage is granted for Internet or other electronic or digital use or new media subsequently developed unless authorized explicitly on our invoice.

COPYRIGHT REQUIREMENTS:

All of our stock photos are copyrighted by their respective photographers of Blue Planet Archive LLC. Unless otherwise stipulated, any use must be accompanied by a credit listing agency and photographer (e.g., photo credit: Blue Planet Archive / Photographer’s Name). Unless expressly waived on the invoice, all fees quoted assume these conditions. In the event of failure to comply fully with these provisions, the usage fee shall be doubled. Recipient hereby expressly consents to the jurisdiction of the Federal Courts with respect to claims under the Copyright Act of 1976, as amended, and agrees to be bound by Article 2 of the Uniform Commercial code.

PAYMENT TERMS:

Payment of the invoice herein is to be net thirty (30) days. Thereafter, a service charge of one and one half (1.5%) percent per month (18% per year) is applied to the balance until paid in full. Receipt of an invoice outlining fees and subsequent rights does not constitute copyright clearance nor permit the use or distribution of an image. Licensing rights are conveyed only upon Blue Planet Archive LLC’s receipt of payment in full of the amount invoiced.

All payments must be made by one of the following methods; 1) a check in USD; 2) a wire transfer (ACH / bank transfer); 3) credit cards; 4) WISE; 5) PayPal.

 

INDEMNITY:
Recipient assumes full liability for its employees, agents, messengers, and freelance researchers for any misuse of the images and agrees to indemnify and hold Blue Planet Archive LLC, its contributing photographers, and their heirs harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorney’s fees, arising from the use of an image or any breach of this agreement.

WARRANTY:

Blue Planet Archive LLC does not warrant the accuracy, adequacy, or completeness of the information and materials on the website and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind implied, express, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given in conjunction with the information and materials.