ZANDSTUDIO.COM PRIVACY POLICY STATEMENT:
(last updated: September, 2013)
Welcome to ZandStudio.com. Your privacy is very important to ZandStudio.com. ZandStudio.com has prepared this privacy notice to describe what information about you is collected and how that information may be used, disclosed and protected when you access or make a purchase on this website.
At ZandStudio.com, we are committed to providing excellent customer service and the highest quality prints while protecting the privacy of our customers. To better serve you, we may collect and maintain certain information regarding, for example, your name, your email address, your phone Number, and billing and shipping information. We do not sell or rent this information to other businesses, and we strictly protect and enforce the confidentiality of this information. We respect your privacy and seek to protect the trust you place in ZandStudio.com. Our Privacy Policy is explained in detail below.
It is our top priority to protect the privacy of our viewers and customers. We will work with customers and/clients to protect any personal information or images that are not covered in these policies. We work hard to provide outstanding, professional images for our customers and clients. Our goal is to keep our viewers and customers happy and safe. If your concern is not addressed in these policies, please contact us.
1. We will post images that are made at events that we are authorized to attend, or that are open to the general public.
2. It is our policy to NOT post images that depict the participants in an unflattering manner. This means that we will make every effort not to post images that we find to be offensive, containing inappropriate behavior, or physical attributes that should not be displayed.
3. We will not publish names, ages, or personal information that might be able to identify any athlete pictured. Towns and team names will be included to facilitate easy identification of events.
4. We will sell images only to families and athletes. We will NOT sell images for commercial use (advertisements, promotions, etc.) without specific model releases. From time to time, we may make images available to newspapers, yearbooks, magazines, and web sites for editorial use -- within the parameters set forth by the legal definitions of "editorial" use.
5. Sales of images to families and athletes does not affect the eligibility of collegiate athletes in Division II or III schools.
6. We will not enter into any binding agreements with minors. This applies to model releases, appearance requests, or any other contractual matter.
7. We use a third party to process orders online. As such, we do not have access to credit card information. Therefore, we will not maintain any database or other form of credit card information on our site or at our office.
8. If any parent, athlete, or authorized person requests that an image or game be removed from our site, we will act at our earliest convenience to remove the images of an individual -- or if that is not practical, remove the entire game from the site. Please contact us to make such a request.
9. Will our privacy policy change?
We may change or enhance our policy to improve our service to you. If we do change our policy, we will note those changes on our Web site. A message will be displayed on our home page for a period of time that a change has been made, and the change will be highlighted within the privacy policy. You are welcome to refer to this policy each time you are considering making a purchase.
This Website contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
If you have any questions or comments regarding this Privacy Policy, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it.
SUBJECT TO CHANGE WITHOUT NOTICE
ZANDSTUDIO.COM TERMS OR USE STATEMENT:
THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT (in the case you are an agent acting for a single client), AS THE CASE MAY BE (COLLECTIVELY “YOU”), AND ZANDSTUDIO.COM.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM ZANDSTUDIO.COM CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND ZANDSTUDIO.COM.
ZANDSTUDIO.COM reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).
1. LICENSE
A. Definitions:
“Comp Usage“ is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed outside of your company or that is accessible to the public or any final product, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product.
“Image(s)” shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) are obtained via download from any ZANDSTUDIO.COM Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a ZANDSTUDIO.COM’ authorized distributor, together with all accompanying metadata and other material.
“Storage Media” shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.
“You” shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
B. Copyright:
The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of ZANDSTUDIO.COM. Use of the Images is licensed, not sold, pursuant to the terms of this License Agreement. Use of the Images without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement.
C. Grant:
ZANDSTUDIO.COM grants you a non-exclusive and non-transferable license to use the Image(s) only as provided in this License Agreement.
D. Permitted Uses. You may, subject to paragraph 2(e) below:
(I) Use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s).
(II) Use the Image(s) in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution or re-use of the Image(s).
(III) Modify or alter the Image(s) as necessary for your use, provided that if such modification or alteration constitutes a derivative work, the rights to all such derivative works shall belong exclusively to ZANDSTUDIO.COM and that you shall only use such derivative work in accordance with this Agreement. If requested by ZANDSTUDIO.COM, you agree to execute a written assignment of any such rights, including copyrights, at no cost to ZANDSTUDIO.COM.
(IV) Use the Image(s) as décor in an office, lobby, public area, restaurant, or retail store.
(VI) Use the Image(s) as design elements in video, film, or television broadcasts.
(VII) Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.
E. Prohibited Uses: You may NOT:
(I) Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).
(II) Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
(III) Copy or reproduce the Image(s)
(IV) Remove any copyright, trademark or watermark from any place where it appears on the Image(s).
(V) Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 ppi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
(VI) Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. ZANDSTUDIO.COM retains the full rights to the Image(s), and therefore you cannot establish your own rights.
(VII) Use the Image(s) to compete with ZANDSTUDIO.COM. ZANDSTUDIO.COM is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
(VIII) Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
(IX) Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. You may contact This email address is being protected from spambots. You need JavaScript enabled to view it. to find out about a special license for such use.
(X) Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
(XI) Use Image(s) as part of any use involving sensitive subject matters, as determined by ZANDSTUDIO.COM, including but not limited to the following: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, Homosexual or alternative lifestyles, and physical or mental abuse, without advance written consent from ZANDSTUDIO.COM and any model in such Image(s). Sensitive subject use pertains to both commercial and editorial uses. Contact ZANDSTUDIO.COM for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.
(XII) Use any of the Images for any commercial purposes in excess of 100,000 printed copies without explicit written permission. NOTE: Web page impressions are unlimited”
F. Additional Terms:
(I) ZANDSTUDIO.COM reserves the right to (i) not permit use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
(II) All other rights not expressly granted to you are reserved solely for ZANDSTUDIO.COM.
2. GENERAL
A. Enforceability:
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties’ intent.
B. Taxes and other:
You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of the Image(s), pursuant to this Agreement.
C. Waiver:
No action of ZANDSTUDIO.COM, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of ZANDSTUDIO.COM is authorized to make an oral waiver. In the event that ZANDSTUDIO.COM waives a specific part of the Agreement, it does not mean that ZANDSTUDIO.COM waives any other part.
3. JURISDICTION
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of California, United States. Any claims shall be brought solely in the Federal District Court of the Central District of California and you expressly consent to the exclusive jurisdiction of the federal courts of the State of California, United States. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
4. LEGAL FEES
You agree to reimburse ZANDSTUDIO.COM for its legal fees, costs and disbursements if ZANDSTUDIO.COM is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
5. ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. ZANDSTUDIO.COM may assign or transfer this Agreement freely.
6. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ZANDSTUDIO.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ZANDSTUDIO.COM RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN ZandStudio.COM’ WEBSITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.
7. PRIVACY
You should review the terms and conditions of our Privacy Policy , by which you also agree to be bound as a condition of visiting and/or shopping at the site.
8. ADDITIONAL TERMS ADDENDUM
D. THIRD PARTY CONTENT
If you are licensing Images from ZANDSTUDIO.COM’ third party suppliers, special license terms from the third party suppliers may apply. Please see the individual Web site or Storage Media for details of any special license terms.
SUBJECT TO CHANGE WITHOUT NOTICE