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Terms and Conditions
  1. Terms of Use. Welcome to the PictureErie.com website, a service of Fritts & Hanna Inc.. Use of this site indicates acceptance of these terms and conditions without limitation.

  1. Ownership of Our Site.
  1. This site is owned and operated by Fritts & Hanna Inc.. All content included on this site, such as photographs, illustrations, images, text, audio clips, video clips, and software (referred to as "Content") is owned by Fitts & Hanna Inc. or its Content providers. All Content is protected by U.S. and international copyright laws. For the protection of PictureErie and its content providers, images may be watermarked and/or digitally watermarked.
  1. Terms and Conditions of Stock Photography
  1. Definition of Photographs. PictureErie defines "Photographs" as transparencies, prints, negatives, digital images, and/or, without limitation, any other form in which images can be stored, incorporated, represented, projected, or perceived, including forms and processes not presently in existence but which may come into being in the future.

  2. Use of Photographs. Use of PictureErie Photographs in reproduction or duplication in any manner is not permitted without first obtaining a Grant of Rights (defined in Section II, Number 3, "Grant of Rights") from PictureErie. Use of Photographs, whether or not a Grant of Rights has been purchased, acknowledged, intended or proposed by, with or to PictureErie, may not include manners which are damaging in any way, including, but not limited to, illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane, defamatory, or that infringe upon or violate the rights of any party, including third parties and beyond. User agrees to defend, protect and hold PictureErie and its associates, partners, employees, agents, successors and assigns harmless against any and all claims against PictureErie and its associates, partners, employees and agents, successors and assigns as a result of the use of PictureErie Photographs, including, without limitation, any claims relating to the content of messages created and/or sent using PictureErie Photographs.

  3. Grant of Rights. Upon receipt of full payment (referred to as "Date of Purchase"), PictureErie shall license to the party, its agent or any individual purchasing the Photograph (referred to as the "Client") the Nonexclusive or Exclusive Rights of use for the Photograph purchased.

    1. Nonexclusive Rights for Promotional Use. PictureErie defines "Nonexclusive Rights for Promotional Use" as the Client's use of the Photograph in a manner consistent with Use of Photographs (defined in Section II, Number 2) and shall guarantee the Client such Nonexclusive Rights for one calendar year from the Date of Purchase (referred to as "Contract Term"). Nonexclusive Rights do not restrict or limit PictureErie from selling the same Photograph to other Clients for use during the Contract Term, nor does it restrict or limit PictureErie or its agents from using the same Photograph during the Contract Term.

    2. Nonexclusive Rights for Non-Promotional Use. PictureErie defines "Nonexclusive Rights for Non-Promotional Use" as the Client's use of the Photograph in a manner consistent with the Use of Photographs (defined in Section II, Number 2) and includes fine art, framed pictures, wall hangings, wall murals, desktop wallpaper, pictures for personal use and other environmental art. Applications for Non-Promotional Usage, as defined above, are not subject to annual re-licensing and may be used for an indefinite period of time. Please contact PictureErie to determine if your application meets the definition of Non-Promotional Use.

    3. Exclusive Rights for Promotional Use. PictureErie defines "Exclusive Rights for Promotional Use" as the Client's use of the Photograph in a manner consistent with Use of Photographs (defined in Section II, Number 2) and shall guarantee the Client such Exclusive Rights for one calendar year from the Date of Purchase (referred to as "Contract Term"). Exclusive Rights limit and restrict PictureErie from selling the same Photograph to other Clients during the Contract Term. Exclusive Rights limit and restrict PictureErie, its agents and/or clients from using the Photograph during the Contract Term. Prices listed on the PictureErie website are for Nonexclusive Rights. Please contact PictureErie for Exclusive Rights pricing

  4. Reservation of Rights. All rights not expressly granted are reserved to PictureErie. Without limiting the forgoing, advertising or promotional use of Photographs in any manner is prohibited unless PictureErie expressly permits such usage.

  5. Fee. Client shall pay the fee established by PictureErie for the Photograph and Grant of Rights. Client shall also pay Pennsylvania sales tax, if required.

  6. Payment. Payment is due to PictureErie at the time order is placed. Upon receipt of payment, the Photograph will be delivered to the Client.

  7. Miscellany. These Terms and Conditions shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. These Terms and Conditions constitute the full understanding between the parties hereto. Its terms may only be modified by a written instrument signed by both parties. These terms and conditions shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of laws provisions.

PictureErie is a service of Fritts & Hanna Inc.
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