TERMS AND CONDITIONS OF USE

Your Agreement with BigBlueWorldPhotos.com, ("BigBlueWorldPhotos.com").

Welcome to our website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BigBlueWorldPhotos.com ("WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.

Ownership of Site

BigBlueWorldPhotos.com owns the copyright in the entire BigBlueWorldPhotos.com site. All content on this site, including without limitation, all photographs, images, text, illustrations, video and software (collectively, the "Content"), is owned by BigBlueWorldPhotos.com or third party content providers. The Content of this site is copyrighted as a collective work under Canadian copyright laws. BigBlueWorldPhotos.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content, as well as in the Content original to it. Each third party content provider owns the copyright in Content original to it.

Image Licensing

If Content marked FREE is used on a website, the website must link back (only once) to BigBlueWorldPhotos.com using the following, or similar HTML:

This website uses <a href="http://www.BigBlueWorldPhotos.com/">Free Photos</a>
from <a href="http://www.BigBlueWorldPhotos.com/">BigBlueWorldPhotos.com</a>.

If Content provided FREE is displayed or used publicly in any manner other than on a website, the following, or a similar copyright notice must appear adjacent to the Content or on an obvious credits page or screen: "© BigBlueWorldPhotos.com".

Purchased Content may be used without a copyright notice.

Use of FREE or Purchased Content is subject to the terms and conditions set forth in this document.

Content

All rights not expressly granted in writing remain the exclusive property of the artist. You may not: Sublicense, re-license, rent or lease any of the Content; Copy or publish any of the Content to a network or bulletin board, or otherwise distribute or allow any of the Content to be distributed to or used by anyone other than the authorized users, without prior written consent from BigBlueWorldPhotos.com; Use any of the Content for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Content to promote a business that sells or licenses artwork or photographic images, or otherwise competes with BigBlueWorldPhotos.com in any manner; Use Content in a manner that implies endorsement of a product or service; Ship, transfer or export any of the Content into any country or use any of the Content in any manner prohibited by any export laws, restrictions or regulations.

Model Releases

No model releases or other releases exist on any Content unless BigBlueWorldPhotos.com specifies the existence of such release in writing to you. You shall indemnify BigBlueWorldPhotos.com against all claims arising out of the use of any Content where the existence of such release has not been specified in writing by BigBlueWorldPhotos.com. In any event, the limit of liability of BigBlueWorldPhotos.com shall be the sum paid to it per the invoice for the use of the particular Content involved, with no liability whatsoever for FREE Content. You will hold BigBlueWorldPhotos.com harmless from all claims for the use of the Content, including defamatory use.

If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.

Trademark Rights

BigBlueWorldPhotos.com gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Content, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.

DISCLAIMERS

YOU ACKNOWLEDGE THAT THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. BigBlueWorldPhotos.com MAKES NO WARRANTY THAT THE OPERATION OF THIS SITE WILL BE ERROR-FREE OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. BigBlueWorldPhotos.com MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BigBlueWorldPhotos.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE. BigBlueWorldPhotos.com MAKES NO, AND YOU ACKNOWLEDGE THAT BigBlueWorldPhotos.com HAS NOT MADE ANY, AND BigBlueWorldPhotos.com HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT AND THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Liability

In no event will BigBlueWorldPhotos.com, its affiliates or any third party content providers be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising out of your use or inability to use this site or the Content made available on or through this site, even if BigBlueWorldPhotos.com, its affiliates or any third party content providers have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify and hold harmless BigBlueWorldPhotos.com, its affiliates, any third party content providers and their respective directors, officers, employees and agents from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with your use of this site or the Content.

Modifications

BigBlueWorldPhotos.com may modify these Terms of Use from time to time and any such modification shall be effective immediately upon the display of such modification on this site. Your continued use after such display will constitute your acceptance of such modification.

Misc

These Terms of Use, along with any other rules or conditions of use displayed on this site, constitute the entire agreement between BigBlueWorldPhotos.com and you with respect to the subject matter hereof, and supersedes all prior written or oral agreements between BigBlueWorldPhotos.com and you with respect to such subject matter. These Terms of Use shall be construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws rules. You consent to the sole venue and jurisdiction of the federal and state courts situated in Nanaimo, British Columbia, Canada, for any dispute arising in connection with your use of this site or the Content made available on or through this site, or these Terms of Use. A waiver by either you or BigBlueWorldPhotos.com of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use shall be found by a court of competent jurisdiction to be invalid or unenforceable, such finding shall not affect the validity or enforceability of these Terms of Use as a whole or of any other provision in these Terms of Use.