DHPA
Terms and Conditions
Last Modified: January 7, 2016

Thank you for using DHPA.com. We value your use of our site and provide these Terms and Conditions (the "Agreement") as an agreement between you and DHPA.com ("DHPA" or "we") regarding your use of the DHPA.com website (the "Site"). By using or accessing the Site in any way, you agree to be bound by this Agreement in full.

We may modify this Agreement at any time by updating this document. If you continue using the Site in any way following an update, you agree to be bound by the new Agreement.

1.Use of the Site

(a)By using, accessing or viewing the Site in any way, you agree that:

i.You are at least 13 years of age or older and may enter into legally binding contracts.

ii.You will not use the Site or any of its content in any way that is, or facilitates, illegal or prohibited activities.

iii.You will not disrupt the Site or attempt to circumvent, hack, or unlawfully access the Site or its content.

iv.You will not violate the intellectual property rights, including copyright, trademark, and patent rights, of DHPA. This includes DHPA's rights to all photographs and images on the Site.

(b)Your access to the Site may be limited or terminated at any time and for any reason.

2.Purchase and Use of Photographs

(a)All photos, images, and graphics found throughout the Site (collectively, “Works”) are owned by DHPA and are protected by United States and international copyright law. Use of any image as the basis for another photographic concept or illustration (digital, artist rendering or alike) is a violation of the applicable copyright laws. All images are copyrighted © 2016 DHPA.com

(b)You may purchase the Works featured on the Site in the form of digital image files, or such other products as we may offer from time to time, subject to a specific license. We offer several licenses, which are described more fully in Section 3 of this Agreement and on the Site at the time any purchase is made (each a “License”).

(c)If you purchase Works, you agree to abide by the terms of the applicable License in full and without modification.

(d)By making any purchase through the Site, you agree that DHPA is authorized to charge a fee to the payment method (such as credit card) you provide. By making any purchase, you represent and warrant that you are authorized to make such purchase with the specified payment method you provide.

(e)Prices found throughout the Site are subject to change with notice.

(f)All purchases and sales through the Site are final and no refunds shall be made under any circumstance.

3.Licenses

(a)You may purchase any of the images found on DHPA.com subject to either our

(1)Personal License or our (2) Editorial License. By selecting either license option during checkout, you agree to abide by the below corresponding terms at all times, in full, and without modification.

(b)Personal License: Please choose this option if you'd like to use the photographs for your own personal use. If you purchase any of our images with a Personal License you agree that DHPA.com is granting you a revocable, worldwide, license to use the purchased image subject to the following conditions:

i.You will only use the image for (i) your own personal, non-editorial use, or (ii) as a digital reproduction for non-editorial reasons such as, reproduction on personal, non-editorial websites, blogs, e-cards, videos, or social media profiles.

ii.You will not modify, change, alter, or make derivatives of the Works in any way without the express written permission of DHPA.com

iii.You will include the text "Photo(s) by DHPA.com" or "Photo Credit: DHPA.com" in text adjacent to the works unless such attribution is not physically possible, in which case you must receive a written waiver from DHPA.

iv.You will not:

1.Use the image other than as expressly provided for by this Personal License.

2.Use the purchased image in a way that a reasonable person would find to be offensive, harassing, illegal, defamatory, deceptive, pornographic, or infringing upon the intellectual property or publicity rights of any other person.

3.Distribute, sub-license, sell, license, assign, transfer, or utilize to make a new image, whether in part or in whole, the images other than as expressly permitted by this Personal License.

4.Use the purchased image as, or as part of, a trademark or service mark.

5.Falsely represent or imply affiliation, sponsorship, or ownership with the purchased image.

(c)Editorial License: Please choose this option if you'd like to use the photographs for editorial purposes. If you purchase any image with an Editorial License, you agree that DHPA.com is granting you a revocable, worldwide, license to use the purchased image subject to the following conditions

i.You will only use the purchased image for (i) any of the purposes granted under the Personal License or (ii) for news reporting, commentating, and editorial purposes, such as newspapers, magazines, non-personal blogs, non-personal websites, and non-personal social media.

ii.You will not modify, change, alter, or make derivatives of the purchased images in any way without the express written permission of DHPA.com.

iii.You will include the text "Photo(s) by DHPA.com" or "Photo Credit: DHPA.com" in text adjacent to the purchased image unless such attribution is not physically possible, in which case you must receive a written waiver from DHPA.

iv.You will not:

1.Use the purchased image other than as expressly provided for by the License.

2.Use the purchased image to in a way that the a reasonable person would find to be, or be promoting material that is, offensive, harassing, illegal, defamatory, deceptive, pornographic, or infringing upon the intellectual property or publicity rights of any other person.

3.Distribute, sub-license, sell, license, assign, transfer, or utilize for a new work, whether in part or in whole, the purchased image other than as expressly permitted by the License.

4.Use the purchased image as, or as part of, a trademark or service mark.

5.Falsely represent or imply affiliation, sponsorship, or ownership with the purchased image.

v.Please contact support@dhpa.com if you wish to purchase a Commercial License which will enable you to use the images in ways other than those granted in the Personal License and Editorial License.

4.No Warranties; Disclaimers

(a)DHPA PROVIDES THE SITE AND ALL OF ITS CONTENT, INCLUDING THE WORKS, “AS IS” AND “WHERE IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

(b)DHPA uses its reasonable efforts to ensure compliance with applicable laws relating to licensing and rights of privacy and publicity for its Works, including necessary releases and permits, but makes no guarantees as to such compliance.

(c)If you believe any content or works on the Site infringe upon your rights, please promptly contact us via email at: support@dhpa.com

(d)You acknowledge and agree that your use of the Site and the Work is solely at your own risk. DHPA, and its owners, affiliated companies, officers, directors, employees, subsidiaries, and representatives, shall under no circumstance be liable or responsible for any losses, injuries, or damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your use or reliance on the Site or the Work.

5.Miscellaneous

(a)This Agreement shall be governed exclusively by the law of the state of Florida without regard for the conflict of laws. Any dispute arising under, or related to, this Agreement shall be brought exclusively in the state and federal courts of Miami-Dade County, Florida. This Section 5(a) notwithstanding, DHPA retains the right to bring an individual action to seek injunctive or other relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(b)This Agreement constitutes the full and complete understanding of the parties with respect to the use of the Site and the Work.

(c)If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect to the maximum extent allowed by law.

(d)Any delay or failure of the parties to exercise or enforce any portion of this Agreement shall in no way constitute any waiver of rights.

(e)Notice may be sent to DHPA at support@dhpa.com.