PRIVACY AND SECURITY POLICY
Plant Pix processes customer data solely for the purpose of order fulfillment. Service companies (e.g. banks) which have to be involved in the order regular processing (e.g. credit card verification) receive customer data only to the extent necessary for completion of the order. Plant Pix will never pass on or sell customer data to any third parties. Plant Pix treats all customer data highly confidential.

EDUCATIONAL LICENSING
We supply a large number of universities and technical institutes, if you would like further information about educational pricing and licensing, please contact Plant Pix.

1. ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
With the removal of the shrink-wrap and/or the Plant Pix seal of a physical Plant pix product (CD-ROM, DVD, or other medium) or with the download of photos, you (the buyer) recognize the validity of this agreement. Your acceptance of these terms is an absolute condition of your use of the high resolution photos provided by Plant Pix.

2. LICENSE
2.1. Application: This agreement applies to any image on Plant Pix whether free or not-free.
2.2. Number of Users: THIS IS A ONE (1) PERSON LICENSE AGREEMENT ONLY.
You are permitted to use the photo(s). Any additional persons who wish to use the photo(s)must purchase and download it from Plant Pix.
2.3. Permitted Uses. You may:
2.3.1. Back up, copy, or archive one copy of the Photo(s) as necessary for internal use, and only as necessary for that use.
2.3.2. Use the Photo(s) in any electronic or print media, including advertising and editorial use, web site templates and consumer merchandise.
2.3.3. Use the Photo(s) for any items for resale, including book covers and consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Photo(s) by the purchaser of the items or other third parties.
2.3.4. Modify or alter the photo(s) solely as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Plant Pix. You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to Plant Pix or its owner(s), which assignment the parties hereby agree is valid under the United States (and other International) Copyright Law. If requested by Plant Pix, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
2.3.5. In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Photo(s) that are integral to your work product and without which the product could not be completed.
2.4. Prohibited Uses: You may not:
2.4.1. Transfer this agreement or the rights to the Photo(s) or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by Plant Pix and/or Leigh Gronet.
2.4.2. Copy or reproduce the Photo(s) or accompanying materials (if applicable), except as specifically provided for in paragraph 2.3.
2.4.3. Use the photo(s) in any way that could be considered defamatory, pornographic, obscene, immoral, fraudulent, libelous, infringing, immoral, or illegal material.
2.4.4. Use the Photo(s) or any part of it as part of a trademark, service mark, or logo. Plant Pix and/or Leigh Gronet retains the full rights to the Photo(s), and therefore you cannot establish your own rights over any part of it.
2.4.5. Re-sell, distribute or sub-license the Photo(s), accompanying material, (if applicable), or the rights to use the Photo(s) to anyone for any purpose, except as specifically provided in Section 2.3.5.

3. TERMS
This License is effective until it is terminated. You can terminate this license by destroying the Photo(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photo(s) for any purpose. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Photo(s), to cease using the Photo(s) for any purpose, and to confirm to Plant Pix in writing that you have complied with these requirements.

4. LIMITATION OF REMEDIES
4.1. No Warranty:
The Photos are provided to you “As-Is” without warranty of any kind, express or implied, and Plant Pix disclaims all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. Some states do not allow limitations or exclusion of certain warranties so the above limitation or exclusion may not apply to you.
4.2 No Consequential Damages:
Under no circumstances whatsoever will Plant Pix be liable to you for any damages or other incidental or consequential damages arising out of the use or inability to use the photo(s). Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. INDEMNIFICATION
You agree to indemnify and hold Plant Pix and Leigh Gronet harmless against all claims or liability asserted against Plant Pix arising out of or in connection with your use of the Photos or your any breach of any of the terms of this Agreement.

6. RETURNS
1. You have a return option if the sealed products (shrink-wrap and/or Plant Pix seal) are unopened with no damage to shrink wrap/seal. Notice of non-acceptance and mailed return shipment has to be given to Plant Pix within 2 weeks of order date.
2. The risk (damage, loss) of returning the photos lies with the you. As far as the delivered goods correspond with product titles ordered, you will pay for the return shipment. You will make sure the photos are properly and adequately protected during return shipment.
3. The return option does never apply for Plant Pix photos which are obtained per download.
4. Individualized or personalized licenses or products are excluded from the return option.

7. GENERAL
7.1. Governing Law:
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement will be governed under the laws of California and the laws of the United States, applicable therein.
7.2. 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.
7.3. Taxes and other:
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Photo(s), pursuant to this Agreement.

8. 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 PLANT PIX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PLANT PIX RELATING TO THE SUBJECT OF THIS AGREEMENT.