• TERMS AND CONDITIONS OF USE

    Your Agreement with Aurora Photos, Inc.

    THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Aurora & Quanta Productions, Inc., operating as Aurora Photos, Inc. ("AURORA PHOTOS", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

    If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.

    Ownership of This Website

    This website is owned and operated by Aurora & Quanta Productions, Inc., operating as Aurora Photos, Inc. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Aurora Photos, Inc., its licensors and its content providers.

    All elements of Aurora Photos, Inc. websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Aurora Photos, Inc. or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Aurora Photos, Inc. or its licensors unless otherwise expressly agreed. You shall indemnify Aurora Photos, Inc., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

    "Aurora Photos, Inc.", the Aurora Photos, Inc. logo, "Aurora Photos," and Aurora Photos logo are trademarks of Aurora Photos, Inc. and may be registered in some countries.

    Aurora Photos, Inc.
    30 Danforth Street Suite 305
    Portland, Maine 04101
    207-828-8787x300 (ph)
    207-828-5524 (fx)

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2014 Aurora Photos, Inc. All rights reserved.

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  • WEBSITE IMAGE USE AGREEMENT

    Aurora Photos, Inc. grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in good faith, use of the specific image is intended.

    Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use.

    Aurora Photos requests that a credit reading "©Photographer's Name/Aurora Photos" appear adjacent to the images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges.

    Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Aurora Photos, Inc.; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Aurora Photos, Inc. in any manner; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

    Aurora Photos, Inc.
    30 Danforth Street Suite 305
    Portland, Maine 04101
    (207) 828-8787 (ph)
    (207) 828-5524 (fx)

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2014 Aurora Photos, Inc. All rights reserved.

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  • PRIVACY POLICY

    Aurora Photos (“Aurora”, “Company”, “we”, or “Us”) is committed to respecting your privacy. This Privacy Policy describes how Aurora collects, uses, and retains personal information to enable us to do business with you and improve our services. “Personal Information” includes any information that relates to, identifies, or can be used to identify, contact, or locate the person to whom such information pertains.

    The terms of this policy apply to all of Aurora’s websites: http://www.auroraphotos.com/ and http://news.auroraphotos.com (collectively the “Site”), unless different terms are otherwise specified or provided to you. By using this Site, you understand and agree to the terms of this Privacy Policy. This Site is operated in the United States and may be accessed abroad. For data protection purposes, Aurora is the controller and, unless otherwise noted, is also the processor of data. Personal Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

    We do not sell, rent, or share your Personal Information to or with third parties in any way other than as disclosed in this Privacy Policy.

    UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES

    Upon request Aurora will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at privacy@auroraphotos.com.

    You have the right to access and correct or revise your Personal Information and privacy preferences at any time by logging in and visiting the “MY INFO” section of the Site or by contacting us at privacy@auroraphotos.com. We will respond to your request within a reasonable period of time.

    WHAT PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CUSTOMERS

    When you visit this Site some Personal Information may be collected automatically as part of the Site’s operation. This information may include your IP (Internet Protocol), your browser type, access times, the website that referred you to us, and navigational information such as the pages you view on the Site. We collect information about your use of the Site and our other customers in the aggregate to learn more about how our Site is used by our customers in order to improve our service and our Site.

    When you register online with us, we collect the Personal Information you provide to us, including your name, address, job title, company name and company type, phone number, email address, password, and what brought you to us. You may choose not to provide this information by not registering with us, however certain products and services on the Site are only available to you upon registration. Registration enables you to access higher resolution content and to enter into a license to use content for comp purposes.

    If a password is used to protect your account and Personal Information, it is your responsibility to keep your password confidential.

    PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CONTRIBUTORS

    In addition to the Personal Information collected from general users of the Site, if you contribute content to us for licensing you may be asked to provide your Personal Information such as your name, phone number, primary address, and email address. We may verify this information by asking you to provide proof of citizenship and tax ID information (which will be stored securely on our servers). In order to pay you and report sales to you, you will be asked to provide certain Personal Information such as payment information, payment method, payment emails, or tax information.

    Some of this information is mandatory and if you choose not to disclose, we may not be able to engage in any activity with you.

    HOW WE USE YOUR PERSONAL INFORMATION

    When you license content from us, we collect your username, password, full name, telephone number, email address and postal address, company name, company title, credit card number, and other Personal Information to process your orders and complete the license transaction, for license transaction history record keeping purposes, or to receive products or services. Your email address is used to confirm the licensing transaction. We may contact you using your email or other Personal Information to respond to customer requests and inform you of special offers or services. We may ask you questions relating to your user preferences in order to better serve you and improve the use of our Site. Providing information regarding your usage and preferences is always voluntary. We may contact you to administer promotions or sweepstakes you enter and notify you of the results. We collect Personal Information regarding your orders, your use of the Site, and other account information as part of your sales history with us. We may disclose to carefully-chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics, but only in forms that do not reveal your identity or other confidential information. We may contact you to investigate or take any action regarding illegal activity or any violations of our terms of service. We may disclose Personal Information if required by law (for example, to comply with a subpoena, warrant, court order, or legal process) or when necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

    DATA RETENTION

    We will retain your Personal Information for as long as your account is active, your information is needed to provide you services, or as required to fulfill our legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account or request that we no longer use your information to provide you services contact us at privacy@auroraphotos.com. We will respond to your request within [30 days].

    If you are a contributor and have submitted model releases with any content, we will retain the releases to comply with our legal obligations, dispute resolutions, licensing transactions, or to enforce our contractual obligations. We will not publicly disclose any Personal Information regarding any model.

    ABOUT COOKIES

    When you visit Aurora’s Site, a text file called a cookie is placed in the browser directory of your computer’s hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing information. It allows the web browser to recognize the pages you have been to when you are visiting the Site and allows you to quickly return to viewed pages. We may also use “web beacons” that monitor your use of our Site. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP  address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our e-mail. You may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML e-mails as text only, you may be able to prevent the use of some web beacons. Please consult the “Help” section of your browser for more information. Certain areas of our Site can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

    DIRECT MARKETING

    If at any time you decide that you do not want to receive marketing emails from us you will have the option of opting out and/or unsubscribing from our emails and mailing lists as follows: (1) checking or unchecking the appropriate box on your online registration form or the unsubscribe link at the bottom of any of our emails; (2) contacting your Account Executive; or (3) replying to an email with the instructions “unsubscribe” or sending an email to privacy@auroraphotos.com. If you chose not to receive marketing emails, you may continue to receive transactional or account emails (e.g., purchase confirmations and account balance statements).

    FORUMS & OTHER INTERACTIVE SERVICES

    Our websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at privacy@auroraphotos.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

    SECURITY OF OUR DATA

    Whenever you submit an order to Aurora, you can do so over a secure (i.e., encrypted) connection. This ensures that your personal information is not at risk. Additionally, we encrypt your credit card information and store it in a secure location, which can be accessed only by authorized personnel. As no method of transmission over the Internet, or method of electronic storage is 100% secure, while Aurora uses commercially reasonable methods to protect your personal information, we cannot guarantee that it is absolutely secure. In the unlikely event that an unauthorized third-party compromises Aurora’s security measures, Aurora will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your information.

    REVIEWING, UPDATING, OR CORRECTING YOUR INFORMATION

    If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may make a written request to privacy@auroraphotos.com.

    CHANGES IN PRIVACY POLICY

    Aurora reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective.

    LINKS TO THIRD PARTY SITES

    Our Site includes links to other sites whose privacy practices may differ from those of Aurora. If you submit personal information to any of those sites, your information is governed by their privacy policies. Please review the privacy policy of any Web site you visit.

    SOCIAL MEDIA

    On some pages, we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of the third parties. We do not control and do not assume any responsibility for the use of personal information by such third parties. For more information about the third party’s purpose and scope of their use of personal information in connection with sharing features, please visit the privacy policies of such third parties.

    REFERRAL PROGRAM EMAILS

    If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact privacy@auroraphotos.com to request that we remove this information from our database.

    CHILDREN

    We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact privacy@auroraphotos.com to have the data removed and terminate the child’s account.

    CONTACT INFORMATION

    Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, if you live in this area you have the right to request access to your Personal Information, as well as to seek to update, delete, or correct this Information.

    If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact Aurora by emailing info@auroraphotos.com, calling 1.207.828.8787, or mailing Aurora Photos, 110 Marginal Way #105, Portland, Maine, 04101.

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2018 Aurora Photos, Inc. All rights reserved.

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  • AURORA'S RM LICENSING AGREEMENT

    TERMS AND CONDITIONS FOR THE USE OF PICTURES
    NO RIGHTS: Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. Aurora requests that a credit reading '©Photographer’s Name/AURORA' appear adjacent to the Images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. Images cannot be used to illustrate or promote the following topics without prior written consent of Aurora Photos: Adult and/or sexually explicit themes (including sexually transmitted disease, sexual disfunction, and/ or contraception), alcohol, tobacco, or firearms. Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Aurora; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Aurora in any manner; Use an Image in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

    NO RELEASES: No model releases or other releases exist on any Images unless Aurora specifies the existence of such release in writing to you. You shall indemnify Aurora and the relevant photographer against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Aurora. In any event, the limit of liability of Aurora shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold Aurora and the photographer harmless from all claims for the use of the Images, including defamatory use. Aurora gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED. If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.

    CREDIT: In editorial uses, credit must be given to both the Photographer and representing company, either adjacent to the photograph or in the credits section which is referenced in the table of contents. A surcharge of 50% will be made for omission of such editorial credit. In commercial and advertising usage credit is requested.

    Copyright: No ownership or copyright shall pass to you by the issue of this Invoice with respect to the Image(s). Copyright to the Images shall remain with contributing photographer. You agree to that the Images provided to you are protected by copyright and you shall protect such copyright at all times.

    CAPTIONS: Captions on the photographs should be independently verified.

    GOVERNING LAW AND VENUE : This Agreement shall be interpreted, construed and governed by the laws of the state of Maine, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts of located in Portland, Maine and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Aurora shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Aurora, such action is necessary or desirable. No action of Aurora, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, Licensing Agreement, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Aurora and you relating to your use of this website.

    VALIDITY If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

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    AURORA'S RF LICENSING AGREEMENT

    THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU THE USER ("LICENSEE") AND AURORA PHOTOS. THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB OR OTHER DIGITAL STORAGE MEDIA (THE “AGREEMENT”). IMAGES LICENSED VIA THE WEB MAY NOT BE RETURNED OR REFUNDED. THE TERM LICENSEE INCLUDES THE CLIENT IF THE AGENT IS ACTING ON BEHALF OF THE CLIENT AND PROVIDED BOTH AGENT AND CLIENT ARE JOINTLY AND SEVERALLY LIABLE TO AURORA PHOTOS UNDER THE AGREEMENT.

    1. License
      Subject to the terms of this License Agreement, AURORA PHOTOS (“AURORA”) grants Licensee a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, AURORA’S Royalty Free Image(s) an unlimited number of times, in any and all media for the Permitted Uses described below. All other rights to the Image(s), and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by AURORA. All rights not specifically granted are retained by AURORA.
    2. Permitted Uses
      • Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
      • Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
      • Broadcast and Theatrical exhibitions;
      • Products intended for resale; provided these products are NOT intended to allow the re- distribution or re-use of the Image(s) such as with "print on demand" services or merchandise; AND
      • Additional uses approved in writing by AURORA.
      Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided AURORA’S copyright and any image identifying information embedded with the digital file is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this Agreement.
    3. Number of Users / Seat License
      Licensee may store the Images on a server, image library or network configuration to be viewed by Licensee or its clients provided that no more than 10 persons can access the Images. Before permitting access to more than 10 persons, Licensee must upgrade the seat license from AURORA.
    4. Restrictions on Use
      Except as provided herein, Licensee may not:
      • Sublicense, sell, assign, convey or transfer any of its rights under this Agreement, but Licensee may sell or license derivative works incorporating the Images.
      • Include the Images in an electronic template intended to be used by third parties on electronic or printed products, so called "print on demand" merchandise, where the purpose is to create multiple impressions, including but not limited to: website designs, presentation templates, electronic or printed greeting cards, postcards, posters, business cards, t-shirts, mugs, screensavers, desktop wallpapers, custom calendars, or any other electronic or printed matter without obtaining an additional license for such purpose;
      • Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
      • Incorporate the Images into a logo, trademark or service mark.
      • Distribute, post or upload the Image(s) online in a downloadable format or enable it to be distributed via mobile telephones, cameras or other digital devices.
      • Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
      • Use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
    5. Product Endorsement or Sensitive Use Disclaimer
      If any Image featuring a model or property is used in connection with or in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial (except for Editorial Material used in an editorial manner), Licensee must accompany each such use with a conspicuous statement that indicates that i) the person depicted in the image is a model and ii) the Image is being used for illustrative purposes only. These requirements are without prejudice to the obligations of AURORA regarding use of the Images contained elsewhere throughout this Agreement.
    6. Releases
      Model releases are available for Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, AURORA grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
    7. Indemnity
      Licensee agrees to defend, indemnify and hold AURORA and its parent, subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Image(s) outside the scope of this Agreement or any other breach by Licensee of this Agreement.
    8. Warranties and Limitation of Liability
      AURORA represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the image(s) or refund of the purchase price, at AURORA’S option. AURORA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AURORA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF AURORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. AURORA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGE(S). Licensee may have additional rights under state law.
    9. Payment Terms
      No licenses are granted until full payment of AURORA’S invoice or licensing fee is received. Unless credit terms have specifically been agreed directly between AURORA and the Licensee, Payment of AURORA'S invoices must be received on the sooner of thirty (30) days of its date net, without any discounts, or prior to the publication of any Image. The licensee agrees to pay AURORA a service charge of five percent (5%) per month on any unpaid balance after this time period for the use of the Image. Any disputes concerning the invoice must be submitted in writing, within twenty (20) business days of the invoice date, or the licensee shall be deemed to have accepted the invoice as issued.
    10. Copyright Infringement and Liquidated Damages
      In the event that the licensee utilizes any Image without or prior to the granting of a license, AURORA reserves the right to seek damages through legal channels unless the licensee agrees to reimburse AURORA, as liquidated damages, a sum equal to five (5) times the market value price charged for such use of a Royalty-Free image. If the licensee fails to make the payment as outlined above, within five (5) days of AURORA’S invoicing such fee, this liquidated damage provision shall be void and AURORA reserves the right to sue for copyright infringement, including attorneys' fees and all associated costs.
    11. Termination
      The license contained in this Agreement will terminate automatically without notice from AURORA if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of AURORA, return the Images to AURORA, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).
    12. Revocation
      Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end- users and clients of same
    13. Severability
      If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
    14. Choice of Law/Attorney’s fees
      This Agreement will be governed in all respects by the laws of the State of Maine/USA, without reference to its laws relating to conflicts of law. Licensee agrees that the Circuit or County Court of the State of Maine for Cumberland County and the United States District Court for the District of Maine located in Portland are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. If AURORA is obligated to go to court to enforce any of its rights, the Licensee agrees to reimburse AURORA for its legal fees and disbursements if AURORA is successful.
    15. Waiver
      No action of AURORA, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
    16. Entire Agreement
      This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.

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  • CANCELATION POLICY

    If license cancellation request is received, in writing, within 48 hours of receipt of licensed material, Licensee's account will be credited for one hundred percent (100%) of the license fee. If licensee cancellation request is received, in writing, within thirty (30) days of receipt of licensed material, licensee's account will be credited for fifty percent (50%) of the licensing fee. If licensee cancellation request is received, after thirty (30) days of receipt of Licensed Material, no refunds will be offered. If you are needing an image on a temporary basis, please inform your sales rep at that time of purchase to make alternative arrangements.

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  • DISCLAIMERS

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  • Copyright protection and license compliance services

    Aurora Photos strives to protect the interests, intellectual property, and livelihoods of the photographers with whom we work, and for this purpose has mandated PicRights to manage copyright compliance on our behalf.