Terms And Conditions

Terrance Emerson Photography Website Terms of Service ("Agreement")

This Agreement was last modified on September 06, 2017.

Please read these Terms of Service completely using Terrance Emerson Photography which is owned and operated by Terrance Emerson. This Agreement documents the legally binding terms and conditions attached to the use of the Site at TerranceEmerson.com.

By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.

Definitions

An “Image” is defined as any and all embodiment or visual likeness represented as captured, delivered, or storable in any and all media capable of archiving Images including photographs, graphics, and/or photograph-graphics hybrids. The term ‘User’ means any individual, legal entity or agent entering into these Site Terms (hereinafter “Agreement”) or any subordinate, employee, or contractor of such individual, legal entity or agent that is involved including but not limited to, agencies, editors, researchers, photographers, art directors, designers, art gallery curators, brick and mortar businesses, print media, visual media, and other image display websitess. "Business Concerns" is defined as individuals, companies, corporations, agents, and representatives under contract to represent the sale, display, or licensing of images, or any and all items representing images, copyrighted by Terrance Emerson. "Partners" is defined as such "Business Concerns".

Legal Agreement

The User acknowledges and understands that this is a Legal Agreement between the User and Terrance Emerson, or between User and Terrance Emerson's rightful heirs.

All final accounting and tax reporting for Terrance Emerson's photographic work is managed under the business name, "High Sierra Scenics".

Intellectual Property

All original content on this website are the copyrighted © property of Terrance Emerson and/or High Sierra Scenics, a business front owned and operated by Terrance to represent and/or license some of his photography, and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. This includes all Images, graphics, design, and written content. All rights are reserved by Terrance Emerson and User must obtain a Licensing Agreement for any usage. All usage of intellectual property held under copyright by Terrance Emerson, for any and all purposes, is prohibited except as granted under the following agreement terms. Removing or altering data in Digital Files containing embedded metadata is prohibited by law and constitutes violation of the Copyright Act.

Some images, but not all, are available under Royalty Free license under contract with certain Partners, or Business Concerns, representing Terrance Emerson. All images not contracted to Royalty Free agencies or offered for sale by such Business Concerns are specifically reserved as Rights Managed.

Rights Managed Images may be licensed by the User under the ‘Licensing Agreement’ document provided by Terrance Emerson Photography that specifies the reproduction rights being granted, usage fees, agreed terms and conditions and User’s legal and practical responsibilities and obligations. For more information about licensing of images copyrighted by Terrance Emerson, click here.

Links to Other Websites

TerranceEmerson.com contains a number of links to other Partner websites and online resources that are not owned or controlled by Terrance Emerson Photography.

Terrance Emerson Photography has no legal control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. We advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on this site. By using Terrance Emerson Photography, and/or visiting any sites linked from TerranceEmerson.com, User agrees to full indemnification as noted below.

Indemnification

You agree to indemnify, defend and hold Terrance Emerson, his Partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. Partners, agents, and Business Concerns representing Terrance Emerson for image printing, sales of any or all items bearing his copyrighted images, have their own policies and legal agreements. Terrance Emerson Photography is not responsible such contracts and or such obligations beyond the contract agreements binding Terrance Emerson to such concerns. You further agree to indemnify, defend and hold Terrance Emerson, his Partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, for disputes that might arise between User and any and all third party Partners or Business Concerns.

Modification of Terms

Terrance Emerson Photography reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.

User is responsible to check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Terrance Emerson Photography Site immediately.

Governing Law

This Agreement is governed in accordance with the laws of California, the United States, and International Copyright Law.

Contact Us

If you have any questions about this Agreement, please feel free to contact us at contact us.