Terms Of Use

CURRENT LICENSES AVAILABLE FROM OESPHOTO

OESphoto images, media, etc are NOT available typically available for free use. Please obtain a license prior to use (purchase them). All media downloaded via subscription from OESphoto.com are not free (you pay the subscription) and have license rights transfer with them. Media that are downloadable for free from the website also have license rights that transfer. The free option is not done often, so when it occurs, enjoy the promotion.

OESphoto offers only one licensing option for its media, Royalty Free. In the future we may offer Rights Managed licenses, but are currently not set up to handle this option.

Royalty Free media prices are based on the size or length you require and can be used indefinitely. Once paid for (or downloaded for free), you can use the media for as long as you want.

OESPhoto also offers the option for "Exclusivity” for any available media. This means that OESphoto will sell the customer the media of interest and then retire the media from the sellable collection of media indefinitely. Since OESphoto will no longer be generating income from this media, the relative cost is higher than typical downloads and must be negotiated on a case-by-case basis. Contact OESphoto for more details or for inquiries regarding "Exclusivity” (kentrcarlson@gmail.com).

NOTE: A Royalty Free license does not automatically grant you "Exclusivity”. When requested, this condition is negotiated along with the Royalty Free license.

The license rights for each media are described on the media details page of our website. This page can be displayed by clicking on the thumbnail picture of the media.

 

OESPHOTO ROYALTY FREE LICENSE AGREEMENT

OESphoto is a sole proprietorship located in Middletown Maryland, USA. OESphoto.com is a registered domain name belonging to OESphoto.

THIS IS A BINDING LEGAL AGREEMENT BETWEEN THE LICENSOR - OESphoto, AND THE LICENSEE – THE PURCHASER, PURCHASER’S EMPLOYER, OR PURCHASER’S END CLIENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE PRODUCT. BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

Media (media) refers to the following items purchased or downloaded for free from OESphoto.

1)  Digital photograph (any size, received electronically or on digital media such as a CD or DVD)

2)  Digital video (any size or length, received electronically or on digital media such as a CD or DVD)

3)  Digital fine art (any size, received electronically or on digital media such as a CD or DVD)

4)   Printed items (prints, playing cards)

This license agreement applies to all media currently available on OESphoto.com. Each media item purchased or downloaded for free is designated by a unique media ID number. A unique Royalty Free license confers with each legitimate media download. Unlike with Royalty Managed media, no additional license fees need to be paid when acquiring media with a Royalty Free license.

NOTE: The Customer is not purchasing the rights to the media, only the right to use. The media owner (typically photographer) retains all copyright to the media and, therefore, is protected by copyright law.

 

ACCEPTABLE USAGE

Under the Royalty Free license, the purchaser, employer, or client IS PERMITTED to use the media for the following:

            1)  Incorporation into tangible items (books, posters, magazines, t-shirts, mugs, greeting cards, electronic media covers, calendars, videos, instructional materials, etc)

            2)  Incorporation into electronic intangible items (websites, videos, online instructional materials, etc)

            3)  Incorporation into a marketing program (electronic, hard-copy, etc)

            4)  Incorporation into journalistic or editorial materials (media of famous or recognizable people, etc)

If the customer has additional uses not covered in this license discussion or is unsure about their potential usage, please contact OESphoto (kentrcarlson@gmail.com) for more details.

 

RESTRICTED USAGE

Under the Royalty Free license, the purchaser, employer, or client IS NOT PERMITTED to use the media for the following:

     1)  Redistribution, resale, sub-licensing, re-licensing, or re-marketing of the unaltered or substantially unaltered media (for example, repackaging media onto a CD or DVD for resale).

      2)   Incorporation into any media or product which may be deemed fraudulent, defamatory, racist, pornographic, obscene, or in any way contrary to the laws of the nation(s) where the media or product is to be displayed

      3)   Incorporation into any media or product that may potentially cause hurt or damage to any individual or property

      4)   Incorporation of media of famous or recognizable people or property into products or endorsements without their or the owner’s permission

Again, if the customer has additional uses not covered in this license discussion or is unsure about their potential usage, please contact OESphoto (kentrcarlson@gmail.com) for more details.

 

ADDITIONAL USAGE RESTRICTIONS

Although unusual, some of the media hosted on OESphoto.com may have additional usage restrictions because of their content. In these cases, the media will have these usage restrictions in writing on the details view page of the media (page where different sizes can be purchased). Usage restrictions are not visible on the thumbnail views provided for searching galleries, etc.

The purchaser is advised to be aware of any additional usage restrictions prior to purchase. By purchasing the royalty-free license, the purchaser assumes all responsibility for abiding by the terms of these additional restrictions.

NOTE: Since OESphoto ultimately has no control over the usage of the downloaded media, OESphoto will assume no liability or accept any claims of damages for improper, illegal or disputed usage of any downloaded media.

 

MODEL AND PROPERTY RELEASES

OESphoto routinely acquires model and/or property releases for media that contains identifiable people or property. A "release” is a legal document between the photographer, videographer, or artist and a person or property owner. A release allows the media creator (i.e. photographer, etc) the legal right to use the media with the person or property in it in a specified manner (typically, for profit). On OESphoto.com, releases will be noted on the details page (after clicking on a thumbnail). Instructions for obtaining the release will also be noted on the details page. In most circumstances, this will involve contacting OESphoto (kentrcarlson@gmail.com). In a very few circumstances, releases will not be available for the media in question. On the details page, if the release box is not checked and instructions for obtaining the release are not present, then the customer should assume that no release exists. Not having a release for a particular media (ie famous or recognizable people or property) doesn’t necessarily forbid it’s use. In this circumstance, non-commerical use in editorial circumstances may still be an option.

If you, the customer, has questions regarding why a particular media does/does not have a release, please contact OESphoto (kentrcarlson@gmail.com) for more details.

 

MEDIA CREDIT

The copyright holder (i.e. photographer, videographer, artist) of the media that was purchased must be credited for any published usage. Acceptable credit for usage can be displayed on the same page of the media or on a "credits” page. When purchasing from OESphoto, an acceptable format for crediting the copyright holder is:

Name of photographer, etc / OESphoto             or         Name of photographer, etc / www.oesphoto.com

 

OESPHOTO’S EXCHANGE OR REFUND POLICY

OESphoto will replace any media product that does not meet the descriptions as provided on our website. If OESphoto cannot replace the media product satisfactorily, then OESphoto reserves the right to provide a refund which is based on the following terms and conditions.

OESphoto will provide a full refund on downloaded media purchased within 15 days of purchase for any of the following reasons;

1)  The user is unable to electronically retrieve media (via website or direct mailed CD or DVD)

2)  The media format not compatible with user or client’s system

3)  The media quality or size is not what is provided on the website description

For issues involving media quality or size, OESphoto will first attempt to replace the media. Refunds will be considered secondarily if OESphoto is unable to replace the media to your satisfaction.

OESphoto will only consider a refund after a valid request for a refund is supplied in writing to OESphoto through our website contact email (kentrcarlson@gmail.com).

When requesting a refund, the purchasing party will need to reference the original;

1) order ID designation,

2) photo ID designation,

3) purchaser name on the order,

4) date purchased, and

5) reason for wanting a refund.

It is important to note that product refunds will only be applied back to the original Paypal or credit card account that was used (through a Paypal process), and that OESphoto will only refund the cost of the media in question and relevant taxes. Check or money order refunds will be written by OESphoto to the original purchaser.

In the case where OESphoto does not receive enough information from a refund request or the conditions of refund are not met, OESphoto reserves the right to reject the refund request entirely or until more information is provided. OESphoto also reserves the right to reject any requests for refund if it is felt that there is a substantial risk for fraud or breach of license terms.

NOTE: Any use of a refunded media is a breach of licensing conditions and will be pursued legally.