Acceptance of Terms
About Us. 9 Blade offers commercial licenses to photos owned by 9 Blade, and offers photo prints on various mediums which are sold subject to the same commercial license provisions that are offered via the Site as well as sites provided by our vendors. “Rebecca Caroline Photography” is an internal division of 9 Blade.
Intellectual Property; Limited License to Users.
You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any 9 Blade Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or 9 Blade Content.
Unless you pay for and enter into a license agreement with 9 Blade you may not download, distribute, display and/or copy any 9 Blade Content.
You may not remove any watermarks or copyright notices contained in the 9 Blade Content.
9 Blade Trademarks.
You agree that you will not use 9 Blade's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or 9 Blade.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of 9 Blade Trademarks or the Trademark rights claimed by 9 Blade.
You agree that you will not use any 9 Blade Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without 9 Blade's prior written consent, any word or mark which is similar to or likely to be confused with 9 Blade's Trademarks.
The look and feel of the 9 Blade website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of 9 Blade and may not be copied, imitated or used, in whole or in part, without the prior written consent of 9 Blade.
All other trademarks, images, copyrights, 9 Blade Content, product names, and company names or logos used or appearing on the 9 Blade website are the property of 9 Blade or its vendors. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 9 Blade, unless expressly so stated.
You may not use a 9 Blade trademark, logo, image or other proprietary graphic of 9 Blade to link to the 9 Blade website without the prior written consent of 9 Blade.
You may not frame or hot link to the 9 Blade website or any Image without the prior written consent of 9 Blade.
Information You Provide.
Limited Commercial License.
Displaying and/or distributing to the public any watermarked or unlicensed 9 Blade Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Each image for which you purchase a license from 9 blade (whether such image is downloaded or ordered as a print) is subject to the following “Commercial License” rights and restrictions:
(a) 9 Blade hereby grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) (collectively, "Media,") for permitted commercial purposes, defined as:
-advertising, promotion, brochures, packaging
-as part of a commercial website for promotional purposes (maximum 800x600 pixels)
-prints, posters, brochures, flyers, tear-sheets for promotional purposes (not for resale)
-prints, posters, or other commercial display of Media
-magazines, books, newspapers, other printed publications
(b) EACH LICENSE IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE THE MEDIA FOR WHICH THE LICENSE IS PURCHASED. NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT YOU LICENSE FROM 9 BLADE.
(c) You may not (i) resell, relicense, sub-license, and/or redistribute the Media; (ii) use the Media as a derivative work (and reselling or redistributing such derivative work is prohibited); (iii) use the Media used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner; (iv) incorporate the Media into trademarks, logos, or service marks; (v) attempt to copyright the Media; (vi) falsely represent, express, or by way of reasonable implication, that the Media was created by you or a person other than 9 Blade; and/or (vii) make the Media available for download.
9 Blade retains all rights, license, copyright, title and ownership of the Media. There is no warranty, express or implied, with the purchase of any print, or the license of any digital image. 9 Blade shall not be liable for any claims, or incidental, consequential, punitive, or other damages arising out of this license and/or your use of the Media.
Infringement Claims / DMCA Notices.
If you believe that any Image or other material made available by 9 Blade infringes upon any copyright that you own or control, you may notify 9 Blade in the manner set forth in our DMCA Copyright Infringement Notice Policy.
-Violate the rights of 9 Blade or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
-Disrupt the Site or the way it functions, interfere with other users' enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.
-Scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
Restriction and Termination of Use.
Links to Third Party Sites.
In the event that the Site is available through any third-party platform, or if 9 Blade provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that 9 Blade makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of 9 Blade, and 9 Blade provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by 9 Blade.
Warranties and Disclaimers
9 Blade represents and warrants that:
-9 Blade has the legal rights and authority to license the Media; and
9 BLADE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS SECTION 10.
Limitation of 9 Blade’s Liability.
9 Blade’s total aggregate obligation and liability (the “Limit of Liability”) in relation to any claim you have or may in the future have against 9 Blade shall be limited to the dollar amount of your purchases with or through 9 Blade. 9 Blade’s liability under any individual Commercial License purchased hereunder shall not exceed the Limitation of Liability applicable to the license, and is without regard to the number of times the subject Media is licensed or used by you. In no event, will 9 Blade’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Site and/or Media contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by 9 Blade from you for the applicable Commercial License.
LAST UPDATED: October 26, 2019