Frequently Asked Questions

All images are the property of Chris Kern, PlantCafe, PlantCafe.com and/or the photographer who provided them to Chris Kern, PlantCafe, and/or PlantCafe.com (PC). All images are copyright protected by PC or its submitting photographers. A copyright is the exclusive right granted to "authors" under the U.S. Copyright Act of 1976 to copy, adapt, distribute, publicly perform, and publicly display their works of authorship, such as photographs, and other still images, and motion picture and other audiovisual works. The copyright laws of the United States protect the photographs from unauthorized use or reproduction. Accordingly, you agree not to project, copy, store, modify, or use any of the Licensed Material, in whole or in part, without the express written permission of PC or to allow any third party to do any of the foregoing except as outlined below in the license agreement.

YOU DO NOT OWN THE LICENSED MATERIAL.

THIS IS A LEGAL AGREEMENT BETWEEN LICENSEE, PURCHASER (IF ANY) AND CHRIS KERN, PLANTCAFE AND/OR PLANTCAFE.COM (PC). THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (THE "AGREEMENT").

YOUR PURCHASE OR USE OF ANY LICENSED MATERIAL SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT LICENSE OR USE THE LISCENSED MATERIAL.

THERE ARE NO REFUNDS OR CANCELLATIONS AS OUTLINED BELOW.

Grant of Rights. Subject to the terms of this Agreement:

PC grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited under other sections of this Agreement.

Licensee may have the Licensed Material Reproduced by subcontractors of Licensee for preparation of a final product, provided that such subcontractors agree to abide by the provisions of this Agreement.

Licensee may store the Licensed Material in a digital library, network configuration or similar arrangement to allow the Licensed Material to be viewed by employees, partners and clients of Licensee, so long as there are no more than ten (10) Users.

Restrictions.

Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement.
Licensee may not: make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users; sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or use or display the Licensed Material on websites at a resolution greater than 480 x 640 pixels at 72 dpi. You shall use your best efforts to ensure that the Licensed Material cannot be copied.

Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator and/or copyright holder of a work that is a stand-alone pictorial that is derived from, incorporates elements of or derives a substantial part of its artistic components from the Licensed Material.

Licensed Material shall not be incorporated into a logo, trademark or service mark.

Licensed Material shall not be used featuring a model or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person.

Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context.

If the Licensed Material is reproduced in an editorial manner or electronic manor, Licensee must include the following credit adjacent to the Licensed Material: "© Chris Kern/PlantCafe.com".

If the Licensed Material is reproduced in a PowerPoint or similar presentation a reasonably prominent statement shall be included as follows: "Certain images and/or photos on this page are copyrighted property of Chris Kern/PlantCafe.com and being used with permission under license and may not be copied or downloaded without permission of Chris Kern/PlantCafe.com"

While efforts have been made to correctly caption the subject matter of the Licensed Material, PC does not warrant the accuracy of such information.

Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement.
Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, PC grants Licensee no right or license, express or implied, to the Licensed Material. You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the Licensed Material or any right to reproduce the Licensed Material. PC retains all rights not expressly granted by this Agreement.

Warranty and Limitation of Liability.

LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THIS AGREEMENT THAT COMES WITH THE LICENSED MATERIAL, PC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY PC WITH RESPECT TO THE SITE, CONTENT, OR LICENSED MATERIAL.

PC DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT PC WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

IN NO EVENT WILL PC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED MATERIAL, EVEN IF PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF PC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING LICENSED MATERIAL FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity.

Licensee agrees to indemnify and hold harmless PC and/or the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of Licensed Material or any breach of this Agreement.

Releases.

No model or property releases or other releases exist on any Licensed Material. It is the users responsibility to obtain all permissions necessary to publish the Licensed Material in the manner intended.

Condition of Licensed Material.

Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. PC shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.

Termination and Revocation.

The license contained in this Agreement will terminate automatically without notice from PC if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately stop using the Licensed Material; destroy or, upon the request of PC, return the Licensed Material to PC; and delete and remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).

Other terms, conditions and legal information.

Licensed Material from this Site may be subject to United States export controls. No Licensed Material from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Agreement shall be governed by and construed in accordance with the laws of Indiana, U.S.A. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.

You are responsible for the payment or any sales or use taxes when applicable. PC does not accept resale certificates.

All prices for Licensed Material are United States Dollars.

You represent and warrant you are at least 18 years of age and have the right to enter into this Agreement.

Cancellation and Refund policy. All Licensed Material is available for review before purchase. Once you have taken delivery of Licensed Material via online, digital or analogue (physical) delivery there are no refunds. Should you cancel an order prior to taking delivery of the Licensed Material a $50.00 transaction fee will apply and you must also pay any and all service charges, production fees, processing and handling fees and shipping fees. All cancellations are final. All licenses applicable to the cancellation shall immediately terminate upon cancellation.

Upon reasonable request, you will provide to PC free of charge one (1) copy of any use made of the Licensed Material.

PC reserves the right to terminate this site without notice.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED

Definitions.

In this Agreement the following definitions apply:

"Invoice" means the computer-generated or pre-printed invoice provided by PC that may include, without limitation, the Licensed Material selected, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.

"Licensed Material" means any still image or visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, prints, or original digital files. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.

"Licensee" means the person or entity purchasing a license hereunder or, if there is a separate Purchaser, the person or entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.

"Purchaser" means a person or entity purchasing the license hereunder on behalf of a third party Licensee.

"Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of any Licensed Material, via any medium by whatever means, and the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.

"User" means any employee or subcontractor of Licensee who: downloads, manipulates, edits, modifies or saves the digital file containing the Licensed Material; is otherwise directly involved in the creative process utilizing the Licensed Material; or incorporates the Licensed Material within any derivative work.