Site Usage Agreement
By using this site and/or any material, you agree to be bound by this Agreement.
This agreement applies to you, and if you are using this web site on your employer's behalf, to you and your employer.
Jo’ Schmitz & LaStone Images reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or any Images therein.
Permitted Use of this Site
This site is owned and operated by Jo’ Schmitz also referred to as “ LaStone Images, Jo’, LaStone
Images.com”. The mailing address for LASTONE IMAGES & JO’ SCHMITZ is 2726 N. McDonald St, Appleton WI, 54911. All images and related informational materials in any medium furnished by Jo’ Schmitz hereunder, including related text, captions, or information (collectively referred to as
"LaStone Images, Images") are owned by Jo’ Schmitz and they reflect her original work. All Images are protected by US and international copyright laws.
All Images contained on this site are LOW
REZ, and have been CROPPED to fit within the given specification. (This means that some areas that appear on the original
Image(s) might be cut off) You may not remove any copyright or other proprietary notices contained in the Images, caption information, or any other material on this site. Jo’ Schmitz reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Jo’ Schmitz. All rights not specifically granted under this Agreement are reserved to Jo’ Schmitz. Additionally, you may not employ software to "crawl" or search our web site and/or retrieve Images or related information.
Jo’ Schmitz may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with Jo’ Schmitz' Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately
(i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or at Jo’ Schmitz' request return all such copies to Jo’ Schmitz. Your use of this site and any Images shall comply with all applicable law. Jo’ Schmitz may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the
Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Jo’ Schmitz.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search might display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Jo’ Schmitz. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
As a convenience, our site may link to other sites that may be of interest to you but are not under Jo’ Schmitz' control. These links do not imply endorsement by Jo’ Schmitz and we are not responsible for the availability of or the content contained in any linked site. The Jo’ Schmitz site may contain or use technology that provides Jo’ Schmitz and its affiliates with information regarding your use of this site, or which permits Jo’ Schmitz to audit your compliance with this Agreement via the use of software designed to track and identify Images. Please consult Jo’ Schmitz Privacy Policy for specific information on Jo’ Schmitz policies for use of your personal information.
or knowledge prior to the time that you notify Jo’ Schmitz of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Jo’ Schmitz account or web site or related services.
Your Use of Images
"Images" include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images ("Watermarked Images") or higher resolution non-watermarked Images ("Non-Watermarked Images").
Listed Restrictions
Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use. Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Jo’ Schmitz prior to use of any Image.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Jo’ Schmitz to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Jo’ Schmitz' rights or remedies in connection with any unauthorized use.
Sensitive Subjects
Any license granted by Jo’ Schmitz shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Jo’ Schmitz' separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain Images may be available for use with sensitive subjects for an additional fee. You must contact Jo’ Schmitz for additional information prior to any use of an Image with any sensitive topic.
Model and Property Releases/Clearances
The rights Jo’ Schmitz grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Jo’ Schmitz. Jo’ Schmitz makes no representations or warranties that it owns or licenses any rights nor does Jo’ Schmitz grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Jo’ Schmitz makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Jo’ Schmitz. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.
Jo’ Schmitz Trademarks
You may not use the trademarks or service marks of Jo’ Schmitz without Jo’ Schmitz' prior written consent. Jo’ Schmitz and the Jo’ Schmitz logo are registered trademarks of the Jo’ Schmitz and Lastone Images.
Indemnification
You agree to indemnify, defend, and hold harmless Jo’ Schmitz against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
Disclaimers
JO’ SCHMITZ PROVIDES YOU WITH ITS LASTONE IMAGES SITE AND IMAGES ON AN "AS IS" BASIS. JO’ SCHMITZ MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Submissions
Information (collectively, "personal") sent to LaStone through lastoneimages.com shall be and remain the exclusive property of LaStone Images. Your submission of any such information shall constitute an assignment to Jo’ Schmitz & LaStone Images of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the information. Jo’ Schmitz & LaStone Images WILL NOT use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, Information received will be assigned to a database for future reference ONLY. For this reason we ask that you DO NOT send us any comments/information that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any information that may be in violation of any agreement or obligation to keep the information confidential. |