Terms of Use

By using this website you (and your employer and client) agree to comply and be legally bound to the following Terms of Use. If you are using this site on behalf of a business, that business accepts these terms and will be liable to Stephen Kennedy for violation of any of these terms, including any actual damages, statutory damages, and any attorney or legal fees incurred by Stephen Kennedy in enforcing this agreement in court.

 
About This Website:

This website displays more than 11,000 original photographs created by, copyrighted by, and owned by the author, Stephen Kennedy of Creve Coeur, Missouri. All of the photographs contained within these World Wide Web Pages are currently Copyright © 2002 to 2017 Stephen Kennedy. All Rights Reserved. No photographs, trademarks or graphics on this site exist in the public domain. All copying from this website is prohibited.
 
Copyright Notice:
 
The contents of this website are Copyright © 2002 to 2017 Stephen Kennedy. All Rights Reserved. All photography, trademarks and graphics displayed on this site are the exclusive intellectual property of the author, Stephen Kennedy, and have been registered with the Copyright Office of the Library of Congress of the United States. Displayed photographs on this site contain a copyright notice (example © 2017 Stephen Kennedy. All Rights Reserved.) as well Copyright Management Information in the form of metadata and an embedded graphical watermark on the image area of each and every photograph. Links to this written notice and to terms of use of this site are placed on the bottom of each page on the website. You, your employer, and your client agree and acknowledge that Stephen Kennedy is the owner of the copyright of all the photos displayed on this website, and you, your employer, and your client agree not to make any assertion or claim to the contrary.

Permitted Uses of This Site:

You may view this site for evaluative and informational purposes within the normal viewing processes that facilitate the display of this site’s contents on a web browser on a computer, tablet or mobile device. You may create a lightbox or multiple lightboxes for evaluative and informational purposes and/or to facilitate a licensing dialog with author Stephen Kennedy. You may purchase a license to a photograph or photographs using the integrated e-commerce capabilities of the site. 

Prohibited Actions Pertaining to This Site:

You may not copy using any means or make derivative works of the photography on this website for yourself, your company or any other party without Stephen Kennedy’s prior written consent. You may not circumvent copy protection of source code, image assets or site architecture of any feature or component of the site. Licenses obtained by using falsified user credentials, unauthorized coupon codes or other illegal means are void.

Copyright Management Information:
 
The photography displayed on this site contains Copyright Management Information (CMI) in the form of digitally embedded metadata, various visible correct copyright notices as well as a visible watermark on each image.  The willful act of removing, bypassing, cropping, retouching or mutilating visual or embedded CMI in author Stephen Kennedy’s photography is a violation of the Digital Millennium Copyright Act and is expressly prohibited.  

All Uses Require a License:

Any and all uses of any Stephen Kennedy photography displayed on this website require a written license issued by the author.  No implied licenses, verbal agreements or sub-licenses are granted nor allowed. At his exclusive discretion, author Stephen Kennedy may enter into a written agreement for the licensing of his works on an exclusive or non-exclusive basis for certain companies and individuals.  Written licenses, when granted, are based on the exact and specific factors of use; including but not limited to duration of use, media placement and territories of placement. A valid license will specify the name of the licensee as well as an exact beginning and end date. Other usage factors not listed here may also apply to a written license. Please note that not all photographs displayed on this site are available for license at any given time. Upon issuance of a license, Stephen Kennedy will digitally furnish a reproduction grade file for the specified use called a "licensed copy."  Only that furnished “licensed copy” digital file is allowed to be used by the licensee.  Screen-grabs or non-furnished versions of the same image taken from this website or other source(s) are not "licensed copies" and are prohibited for any licensed or unlicensed use. Licenses obtained through intentional or unintentional site errors or security compromises are void. No actual or implied relationship exists between the author and licensees beyond each individual written license. 

Warning Regarding Comp or Placeholder Use:
 
Any comp use (comps, comping, compositing, comprehensives, presentation(s) or other internal single-use media in print or electronic media) or "placeholder" use requires an express license issued in writing by Stephen Kennedy and this category of license only applies to images delivered via this site. Photographs that have been copied or acquired from this site in any manner without a written license issued by author Stephen Kennedy are prohibited for use anywhere. Use of photographs copied from this site without written permission violates Stephen Kennedy's rights as author and copyright owner. 
 
Indemnification and Waiver:

You and your employer and your client agree to defend, indemnify and hold harmless Stephen Kennedy, against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of any breach of these terms or any use that infringes Stephen Kennedy’s intellectual property right(s), or any license Stephen Kennedy has granted, or that of any model’s right of publicity or privacy; or any misrepresentation made by your unauthorized use of the photography on this site. You, your employer, and your client also agree to waive any defense of fair use, implied license, collateral estoppel, res judicata, or waiver or estoppel to any claim brought by Stephen Kennedy for violation of these terms of use or for copyright infringement.

Warranty:

Stephen Kennedy displays his photography on this website on an “as is” basis for evaluation and information only. Stephen Kennedy disclaims any and all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Stephen Kennedy does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the site or the servers that host it are free of viruses or other harmful components.  Stephen Kennedy assumes no liability for errors or omissions in the normal function of this portfolio website.

Privacy Policy: 

Stephen Kennedy does not share or sell any website user data with any outside party.  

Use of Cookies:

The term “cookie” refers to any technical means to store data on a visitor’s computer for later retrieval. Cookies used on this website powered by the PhotoDeck platform include:

-  af : when a visitor reaches a member website through a member’s affiliate, an affiliate cookie to identify the PhotoDeck member’s affiliate.
 
-  Cookies used to facilitate key features of the website, e.g. cart and lightbox facilities
 
-  _ficelle_session : Session cookie for authentication and security purposes for registered and and logged-in users


-  For registered and logged-in users, other cookies used for performance: some information is stored in cookies instead of the database to provide for better performance when using this website.
 
-  Any other cookie that might be placed directly or indirectly by the administrator of this PhotoDeck platform site, including but not limited to the integration of external services such as StatCounter, Facebook Pixel and Google Analytics.  PhotoDeck-powered websites can be used without cookies, but with a limited feature set.

Conclusion:

IF YOU ACCESS THIS WEBSITE THEN YOU (YOUR EMPLOYER AND CLIENT) AGREE TO THE FOREGOING LICENSE TERMS AND IN PARTICULAR YOU AGREE FOR YOURSELF, FOR YOUR PRINCIPAL, FOR YOUR CLIENT, AND FOR YOUR EMPLOYER THAT YOU WILL NOT COPY, USE IN ANY WAY, DISTRIBUTE, REMOVE OR MODIFY METADATA, REMOVE OR MODIFY WATERMARKS, OR COPY OR MODIFY ANY PHOTOGRAPH DISPLAYED ON THIS SITE. FURTHERMORE, YOU ALSO AGREE TO WAIVE ANY DEFENSE OF FAIR USE AND YOU AGREE TO REIMBURSE STEPHEN KENNEDY FOR HIS LEGAL AND ATTORNEY FEES AND COSTS INCURRED IN ANY LAWSUIT INVOLVING BREACH OF YOUR AGREEMENT.

 

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