Terms and Conditions

Your (Member) use of the Stephan Baker Photography Website binds your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Stephan Baker Photography Website or use any services offered on the Stephan Baker Photography Website
Stephan Baker Photography maintains a website site: www.Stephanbakerstockphoto.com to which registered users can purchase licensed image files. By registering with Stephan Baker Photography, Member agrees to the following:

1. Consent.
You must be at least 18 years of age to register with Stephan Baker Photography. Minors can become members only by having their parent or legal guardian register on their behalf. By opening such an membership, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement.

2. Warranties and Responsibilities.
(a) Registration. Member agrees that he or she has provided Stephan Baker Photography with accurate, complete, and current registration information at the time of registration and agrees to correct and update that information to ensure its accuracy and completeness at all times. Falsification of accurate registration information or failure to comply may result in loss of account, services or privileges provided by Stephan Baker Photography.
(b) Account Responsibility. All members who register online for Stephan Baker Photography will create a password. Members agree to notify Stephan Baker Photography immediately of any unauthorized use of Member's password or accounts as well as of any other breach of security.
(c) Former Members. Members whose accounts have been terminated by Stephan Baker Photography may not access Stephan Baker Photography in any manner or for any reason without the express written permission of Stephan Baker Photography.

3. Refund Policy
Image credit purchases are non-refundable. If by chance the wrong size/style image was downloaded, a replacement of the same image will be made under some circumstances. Please email us for information.

Royalty-Free License
Our Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. There are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. The Royalty-Free license is granted only for the non-watermarked image. All the other versions thumbnails which are visible on the public site are entirely copyrighted.

All Stephan Baker Photography Stock photo images are Royalty Free. The Royalty Free license grants you non-exclusive use of the image you select for a one-time flat fee. Once you purchase an image, it is ready to use in a variety of ways including advertising, brochures, packaging, websites, multimedia projects, books, for an unlimited time period). The Royalty Free license also allows you to alter an image and create unique works of your own. Our Royalty Free images are non-transferable.

You are licensing the rights for non-exclusive use of an image and its copyright remains with Stephan Baker Photography. The right to use ordered images remains with the purchaser of the license and can not be transferred, sub-licensed or re-sold to another party.

Royalty- Free License of use of Non-Watermarked Images and Restrictions

The images that you download under our Royalty Free license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email us.

You may modify the images in any way required for reproduction, or include them in your own personal creations.

Buying the image does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. We recommend that you credit the photographer when you use an image.

Prohibited Use of Stephan Baker Photography Images

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or given for free, are considered redistribution. The use of Stephan Baker Photography images for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site's design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels.

Unless you have received and paid for a license from Stephan Baker Photography it is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another image. In addition it is illegal to incorporate all or part of any Image into another image. Changing an image does not give you any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.

4. Indemnification
Member shall indemnify, defend and hold harmless Stephan Baker Photography, its officers, directors, employees, partners, associates, affiliates, webmaster, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses including attorneys' fees and costs and damages in consequence thereof. Stephan Baker Photography reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Member's indemnity obligations.

5. Control of Operations
Member Privacy.
Stephan Baker Photography may access and disclose any information about Member, Member's accounts, or any content a Member provides to the website if Stephan Baker Photography believes in good faith that such action is reasonably necessary to enforce this agreement, its copyright policy, to comply with the law and legal process, including suspected intellectual property or copyright violations, to operate its systems properly, or to protect or defend itself, its members, or users from legal liability.

6. Disclaimers
(a) Stephan Baker Photography expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
(b) Stephan Baker Photography makes no warranty with respect to any legal advice or information regarding proper legal use of any image. Nothing on this website is intended as legal advice and Stephan Baker Photography makes no claims or warranties as to the validity or correctness of any information that Member may assume is correct legal information or advice. Members are responsible for consulting their own attorneys to determine fitness of images for particular purposes. Member agrees to hold harmless Stephan Baker Photography regarding any claims arising from matters of legal usage of images.
(c) Stephan Baker Photography, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Stephan Baker Photography. From time to time, the porting of particular content may not be feasible and Stephan Baker Photography may remove any such content from the Website without any liability to Member. Members are responsible for assessing their computer and transmission network needs, and the results to be obtained therefrom.
(d) Stephan Baker Photography assumes no responsibility for any actions or liabilities arising from the possession or use of images, files, or software obtained from Stephan Baker Photography.
(e) Stephan Baker Photography makes no warranty that service will be uninterrupted, timely, secure, or error free. Stephan Baker Photography makes no warranty as to the use or the results that may be obtained from the use of Stephan Baker Photography.
(f) Stephan Baker Photography makes no warranty with respect to any related software or hardware used or provided by Stephan Baker Photography. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

7. Limitation of Liability
Member acknowledges that Stephan Baker Photography shall not assume or have any liability for any action taken by Stephan Baker Photography or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, Stephan Baker Photography shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Stephan Baker Photography has been advised of the possibility of such damages, in connection with Stephan Baker Photography or with any other product or service provided by Stephan Baker Photography, or resulting from the use of or the inability to use the Website or any transaction entered into through or from Stephan Baker Photography, or from unauthorized access to or alteration of your transmissions, data, or account. Member specifically agrees that Stephan Baker Photography is not responsible or liable to Member or anyone else for any  illegal conduct or  violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.

8. Termination
Member or Stephan Baker Photography may terminate your account at any time with or without cause. Please inform us of your desire to terminate by e mail.

9. Impermissible Conduct
Any conduct by Member that in Stephan Baker Photography's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying Stephan Baker Photography or another service will not be permitted and shall give Stephan Baker Photography the right to terminate the membership without notice. In the event that your account is terminated due to impermissible conduct or fraud, Member agrees that access to Stephan Baker Photography services and accounts may be forfeited.

10. Severability
If any term, condition or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

11. Revision of Agreement
Stephan Baker Photography may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website. You agree to review the Agreement prior to the uploading of an image to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying Stephan Baker Photography Member Support of your desire to terminate by e-mail. Your notice of termination will be effective upon return receipt or notification by Stephan Baker Photography.

All the photographs including all text on this site are the exclusive intellectual property of Stephan Baker, and protected under Canadian and International Copyright Law.

In the event that an infringement is discovered you will be notified and invoiced at the minimum standard fee for unauthorized usage and/or prosecuted for Copyright Infringement in Federal Court where you will be subject to statutory damages as well as all court costs and attorneys' fees.