Purchase Agreement

IMPORTANT :  The purchase of a license for any Image File (photograph) on this website requires that you read and understand the End-User License Agreement below and that you purchase through PayPal.  Once you have paid for one or more Image Files, PayPal will show the Payment Confirmation Page. On this Page there will be a link to johnsimsphotography.com. Click on this link and you will be returned to the download page of SimShotS. Your Image Files will be shown, ready for you to download into your computer.

SimShots LICENSING TERMS & CONDITIONSEND-USER LICENSE AGREEMENT (EULA) By downloading any Image File (photograph) from this website, you as a licensee are irrevocably deemed to agree that this license agreement is made between you and SimShotS for the right to access, acquire, and use one or more Image Files from this website.  SimShotS represents that it owns all rights and copyrights to all Image Files on this website and all rights and copyrights to the Image Files that you license shall remain the exclusive property, right and control of SimShotS.  Image Files from this website will constitute and be defined as any photo on the SimShotS website. By downloading any Image File from SimShotS, you as the licensee are asserting that you have read, understood, and agreed to all terms and conditions listed in this Agreement.

Terms of Use and Conditions as Defined Below:

A.  These Terms and Conditions constitute a legal Agreement between Licensee(s) and SimShotS.  You as the Licensee(s) agrees to access, acquire, and use the Image Files as follows:

1.  SimShotS grants the licensee a nonexclusive, nontransferable license to download, use, modify, publish, and display Image Files according to the defined Terms and Conditions of this Agreement.

2.  Licensee(s) may access, acquire, and use Image File(s) downloaded from SimShotS in the following manner:

a.  For personal use, the Licensee(s) is allowed to modify and print any size photo and make an unlimited number of copies. Personal use includes: printing, mounting and framing for display in the home or office; desk top backgrounds and screen savers; personal greeting cards or business cards; or any other application wherein the Licensee(s) does not sell or use the image itself for financial profit.

b.  In the development and creation of your business presence and entity, including in the development and creation of marketing, promotional, or advertising materials.

c. The Image File(s) in the category "People" are not accompanied by a model release/property release. Licensee(s) accepts all responsibility for violation of privacy or publicity or defamation and infringement of copyright or trademarks associated with the use of the photographs.

d.  If Licensee(s) intends to use the images for commercial use, a pricing scheme can be negotiated with by contacting johnjacobsims@yahoo.com.

B. User(s) Restrictions on the Use of SimShotS Image File(s). Licensee(s) agrees not to access, acquire, or use the Image File(s) in any of the following manners:

1.  A Licensee may not distribute, share, sell, or give away any of SimShotS Image Files at any time for any reason whatsoever.

2.  A Licensee may not distribute the Image Files electronically or in hard copy.

3.  A Licensee may not use any of the Image Files downloaded or obtained from this site to print photographs that are to be provided to a third party for a fee of any kind. 

4.  A Licensee may not allow or authorize any third party to use the Image File(s) for any purpose at any time or resell, sublicense, or otherwise make available the Image File(s) for use or distribution.

5.  A License may not under any circumstances use Image File(s) in connection with any illegal, obscene, immoral, or pornographic material.

C. Licensee(s) understands and agrees that SimShotS may, in its sole discretion take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.

D. The Image File(s) are copyrighted and owned by SimShotS only, and any unauthorized use of any of these Image Files may be an infringement upon said copyright.

E.  SimShotS and all Image File(s) are made available to you "as is", "as available" and "with all faults". SimShotS makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. SimShots further makes no representation or warranty that Licensee’s usage of SimShotS will be uninterrupted, error free of computer viruses, or other damaging materials. When you login and access SimShotS, you do so at your own risk.

F.  SimShotS shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use the Image File(s). SimShotS will in no event be liable for any damages to exceed the amount paid by you for accessing or using SimShotS and for accessing, acquiring, and/or using Image File(s) from SimShotS.

G.  You agree to fully, indemnify, and hold harmless SimShotS from any and all claims, liabilities, costs, losses, damages, expenses, including attorney's fees and expenses, arising in connection with Licensee(s) use of the Image File(s) and this website or of any breach or alleged breach of any representation, warranty, or other promise made by Licensee(s) in this Agreement.

H.  Licensee(s) acknowledges that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.

I. Licensee(s) agrees, attests, and reaffirms the agreement to the terms listed herein and to conduct transactions electronically.