Terms & Conditions

Website Use Terms & Conditions

THIS AGREEMENT GOVERNS YOUR USE OF THE AERONAUTIC PICTURES WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR ROYALTY-FREE CONTENT PLEASE READ OUR MEDIA USAGE LICENSE TERMS & CONDITIONS (BELOW).

This Website is owned and operated by Craig Schmitman Media (hereafter “Aeronautic Pictures”). Access and use of this Website is provided by Aeronautic Pictures to you on condition that you accept these Terms & Conditions, and by accessing or using this Website, you agree to these Terms & Conditions. If you do not agree to accept and abide by these Terms & Conditions you may not access or use this Website.

Aeronautic Pictures may revise and update these Terms & Conditions at anytime and without notice. You are cautioned to review the Terms & Conditions posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

Use of the Site
This Website and its contents (the “Content”) are intended for customers of Aeronautic Pictures. You may not use this Website or the Content for any purpose not related to your business with Aeronautic Pictures. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with Aeronautic Pictures; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing, hotlinking, embedding or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Aeronautic Pictures product or service if you are not expressly authorized by such party to do so; (e) using the Website or the Content other than for its intended purpose, as determined solely in Aeronautic Pictures’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; and (f) purchasing or otherwise downloading any Media from this Website after you have been informed or otherwise become aware you have been identified as someone who has made an unauthorized use of Aeronautic Pictures Media without express written permission.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property
All materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of Aeronautic Pictures and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Aeronautic Pictures, such as a Media Usage License Agreement, any use of these Materials without Aeronautic Pictures’s written permission is prohibited.

Should you make any unauthorized or unlicensed use of any Materials from this Website, you expressly agree to pay Aeronautic Pictures damages per unauthorized or unlicensed use in the amount of Thirty Thousand Dollars ($30,000) for each such unauthorized or unlicensed use.

As a material condition of your use of this Website, you and Aeronautic Pictures expressly agree it is too difficult and complex (literally impossible) to quantify and calculate the actual damages for each such unauthorized or unlicensed use, therefor you and Aeronautic Pictures are in agreement that said amount above represents the fair and reasonable value of each unauthorized or unlicensed use and the costs associated with collecting same, up until we retain the services of an attorney. Once we hire an attorney additional costs, fees and expenses will apply. For the purposes of this paragraph every copy or reproduction of an original file constitutes a separate use. Nothing in this paragraph shall be construed as a waiver of any of Aeronautic Pictures’ rights to bring an action or claim under the Copyright Act of 1976, as amended.

Consent To State Courts For Breach of These Terms and Conditions
Should you breach any of the Website use Terms and Conditions, you expressly agree that Aeronautic Pictures may, at its sole discretion, bring claims for such breach in the Superior Court of California, Western Ventura County, and that it is the agreed and appropriate forum for any such suit, and you expressly consent to service of process by registered mail or overnight courier with proof of delivery. You also agree to pay all court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Aeronautic Pictures.

You further agree that any dispute involving Ten Thousand Five Hundred Dollars ($10,500) or less may be submitted to the Small Claims Court of Western Ventura County, at Aeronautic Pictures’ sole discretion, and you expressly consent to service of process by registered mail or overnight courier with proof of delivery. You also agree to pay all court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Aeronautic Pictures.

You hereby expressly consent to the jurisdiction of the Federal courts with respect to claims by Aeronautic Pictures under the Copyright Act of 1976, as amended. Copyright infringement claims shall be brought in the Federal District Court of the Central District of California, and you expressly consent to service of process by registered mail or overnight courier with proof of delivery. You also agree to pay all court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Aeronautic Pictures.

Trademarks
Aeronautic Pictures and any other product or service name or slogan contained in the Site are trademarks of Aeronautic Pictures and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aeronautic Pictures or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Aeronautic Pictures” or any other name, trademark or product or service name of Aeronautic Pictures without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Aeronautic Pictures and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

If any provision of these Terms & Conditions is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

Media Usage License Terms & Conditions

  • ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR CONSENT TO AND ACCEPTANCE OF THESE TERMS IS A MANDATORY CONDITION OF YOUR USE OF ANY AND ALL AERONAUTIC PICTURES MEDIA (Images, Footage, Video or any other Form or Format of Imagery, Still, Moving or Otherwise).

NOTE: This license supersedes any license or terms and conditions attached to your download file(s) as a PDF. Only this license and terms and conditions apply. Your use of the Media is your express consent to be bound by these terms, and those you “clicked” an agreement to on purchase (which will always match these), not those that may have been attached to your file.

  • LICENSE
  • a) Geographic limits:

This License Agreement governs your use of Aeronautic Pictures Royalty Free Media (regardless of format or quantity), provided by Aeronautic Pictures (“Aeronautic Pictures”). Aeronautic Pictures licenses to you the use of the Media only as provided below in the United States and other countries on a non-exclusive and non-transferable basis. All other rights to the Media, CD-ROM or DVD-ROM, and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by Aeronautic Pictures.

  • b) Number of Users:

THIS IS A ONE (1) PERSON LICENSE AGREEMENT. You and zero (0) other designated people are permitted to use the Media. THIS IS NOT A SIMULTANEOUS USE LICENSE. You may not allow more than one designated person, whether employees or contractors, access to or use of the Media, even if only two people are using the Media at the same time. You may not use the Media on a server or create any other image library that permits access to more than one designated person.

Additional Seat Licenses are available for more than one permitted users. Quantity discounts are available. To obtain additional seat licenses please call Aeronautic Pictures at 1-805-985-2320.

  • c) Permitted Uses. You may:

(i) Back up, copy, or archive the Media as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Media’s copyright information.

(ii) Use the Media in any electronic or print media, including advertising and editorial use, and consumer merchandise.

(iii) Use the Media 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 Media.

(iv) Modify or alter the Media 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 Craig Schmitman (or other author of the original work as appropriate). 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 Craig Schmitman (or other author of the original work as appropriate), which assignment the parties hereby agree is valid under the U.S. Copyright Law. If requested by Aeronautic Pictures, you agree to execute a written assignment of any such copyrights with respect to such derivative work.

(v) In the normal course of workflow, convey to a third party (such as a printer or post production facility) temporary copies of the Media that are integral to your work product and without which the product could not be completed.

  • d) Prohibited Uses: You may not:

(i) Transfer the rights to the Media, CD-ROM or DVD-ROM, or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by Aeronautic Pictures.

(ii) Reverse engineer, decompile, or disassemble any part of the Media, CD-ROM or DVD-ROM or accompanying materials (if applicable), subject to applicable law.

(iii) Copy or reproduce the Media, CD-ROM or DVD-ROM or accompanying materials (if applicable), except as specifically provided for in paragraph (c).

(iv) Remove any copyright or trademark from any place where it appears on the Media or its accompanying materials.

(v) Use the Media in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent.

(vi) Display the Media in any digital format or for any digital use at a resolution greater than 1920×1080 pixels at 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Media in violation of this Agreement. This is required to be certain that no one can steal the Media from you, even if that was not your intention.

(vii) Display the Media in any digital format at a size or resolution (re-sized) larger than the original pixel dimensions of any “side” of the Media purchased by any means whatsoever. This is a material condition of this Media License. You and Aeronautic Pictures expressly agree breach of this condition by you constitutes an unlicensed use and “willful Copyright Infringement” and you expressly agree to pay Aeronautic Pictures $30,000.00 for each such unlicensed use.

(viii) Use the Media or any part of it as part of a trademark, service mark, or logo. Aeronautic Pictures retains the full rights to the Media, and therefore you cannot establish your own rights over any part of it.

(ix) Re-sell, distribute or sub-license the Media, CD-ROM or DVD-ROM (if applicable), or the rights to use the Media to anyone for any purpose, except as specifically provided for elsewhere in this agreement. Aeronautic Pictures is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit a purchaser or licensee of Aeronautic Pictures’ Media from using the Media to enter, either directly or indirectly, a similar or competing business. It is also prohibited to use the Media in a product whereby the purchaser or licensee of that product can then use the Media for its own purposes.

  • PAYMENT TERMS

No rights are granted until the invoice is paid in full. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. Claims for adjustment of terms must be made to Aeronautic Pictures within five (5) days of the receipt of the invoice. Prices can be found on Aeronautic Pictures’ website or by calling Aeronautic Pictures.

  • TERMS AND MEDIA CREDIT

This License is effective until it is terminated. You can terminate this license by destroying the Media, along with any copies or archives of it, and any CD-ROM or DVD-ROM or accompanying materials (if applicable), and ceasing to use the Media 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 Media, to cease using the Media for any purpose, and to confirm to Aeronautic Pictures in writing that you have complied with these requirements.

Aeronautic Pictures requests the phrase “Stock Footage: AeronauticPictures.com” or “Stock Photo: AeronauticPictures.com” (as appropriate) appear adjacent to the Media or on any credits.

  • LIMITED WARRANTY

Aeronautic Pictures represents that it has the right to enter into this Agreement and has the right to grant this license under these terms.

Aeronautic Pictures warrants that the Media and/or CD-ROM or DVD-ROM (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.

EXCEPT AS PROVIDED ABOVE, THE MEDIA, CD-ROM OR DVD-ROM AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AERONAUTIC PICTURES DOES NOT WARRANT THAT THE MEDIA WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MEDIA IS WITH YOU. SHOULD THE MEDIA PROVE DEFECTIVE, YOU (AND NOT AERONAUTIC PICTURES OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

  • LIMITATION OF REMEDIES
  • a) Replacement or Refund:

Aeronautic Pictures’ entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Media or CD-ROMs or DVD-ROMs (if applicable), or out of your actions in downloading the Media, shall be as follows:

Downloaded Media: You may be permitted to download the Media again, at a location Aeronautic Pictures will provide for you. If you continue to be unable to download the Media, Aeronautic Pictures will refund your money, provided Aeronautic Pictures determines in its sole and absolute discretion that you have been unable to download the Media successfully.

CD-ROMs or DVD-ROMs: As provided for in the warranty above, you can receive a replacement CD-ROM or DVD-ROM by returning the CD-ROM or DVD-ROM and a copy of your receipt to Aeronautic Pictures, or to a distributor authorized by Aeronautic Pictures. If Aeronautic Pictures or its authorized distributor is unable to provide you with a replacement CD-ROM or DVD-ROM which is free from defects in materials or workmanship, you may terminate this Agreement by returning the CD-ROM or DVD-ROM and Aeronautic Pictures will refund your money.

  • b) No Money Damages:

Under no circumstances whatsoever will Aeronautic Pictures be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the Media even if Aeronautic Pictures or a distributor authorized by Aeronautic Pictures has been advised of the possibility of such damages, or for any claim by any other party. 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.

  • INDEMNIFICATION

You agree to indemnify and hold Aeronautic Pictures harmless against all claims or liability asserted against Aeronautic Pictures arising out of or in connection with any breach of any of the terms of this Agreement.

You agree that you will indemnify and defend, at your sole expense, Aeronautic Pictures against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Media for which no release was furnished by Aeronautic Pictures, or any Media which are altered by you (or your client if any). Unless so furnished, no release exists. Aeronautic Pictures’ liability for all claims shall not exceed in any event the total amount it was paid for the Media.

  • GENERAL
  • a) Restricted Rights to the US Government:

If the Media is purchased by or provided to the United States Government then it is provided with restricted rights. Such restricted rights are defined in the Defense Department Supplement to the Federal Acquisitions Regulations (“FAR”) in paragraph S2.227.19(c)(2) of the FAR. Your use of the Media must be in compliance with all laws and regulations including those pertaining to currency, trademarks, and moral rights.

Special Terms applicable to Media sourced from entities releasing Media into the Public Domain: Some Media available for purchase is sourced from government agencies. This Media is believed to be in the Public Domain. As such, Aeronautic Pictures does not own the copyright (nor does anyone else), and no license is available. When Public Domain-sourced Media is purchased, buyer (You) is (are) paying a library access fee, not a license fee.

You expressly agree that you will indemnify and defend, at your sole expense, Aeronautic Pictures (Craig Schmitman) against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Media purchased as Public Domain. The appearance of U.S. Department of Defense (DoD) visual information does not imply or constitute DoD endorsement. All other non-copyright/license purchase Terms and Conditions contained herein apply.

  • b) Additional Rights:

If you would like to discuss the acquisition of further rights than are provided for under this Agreement, please call Aeronautic Pictures at 1-805-985-2320 concerning a separate license.

  • c) Uniform Commercial Code:

You agree that this Agreement is subject to Article 2 of the Uniform Commercial Code and agree to be bound by same.

  • d) Governing Law:

You agree that the Media will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. You, the user, shall at your own expense promptly obtain and arrange for the maintenance of all non-USA government approvals, if any, and comply with all laws and regulations as may be necessary, for company’s performance under this Agreement. 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.

  • e) 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.

  • f) 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 Media, pursuant to this Agreement.

  • g) Discontinuance:

Aeronautic Pictures reserved the right to elect at a later date to replace the Media with an alternative for any reason. Upon notice of such replacement, the license for the replaced Media terminates for any products that do not already exist, and this license automatically applies to the replacement Media. You agree not to use the replaced Media for future products and to take all reasonable steps to discontinue use of the replaced Media in products that already exist.

  • ARBITRATION

A material condition of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims by Aeronautic Pictures (Craig Schmitman) against you, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Ventura, California, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of California, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Federal District Court of the District of California. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

  • LEGAL FEES AND JURISDICTION

If Aeronautic Pictures is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Aeronautic Pictures for its legal fees, costs and disbursements if Aeronautic Pictures is successful. You agree that the Superior Court of California, Ventura County and the United States District Court for the District of California are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

  • 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 AERONAUTIC PICTURES, WHICH SUPERSEDES ANY PROPOSAL, ATTACHED TERMS AND CONDITIONS TO YOUR FILE(S) OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND AERONAUTIC PICTURES RELATING TO THE SUBJECT OF THIS AGREEMENT, UNLESS REQUIRED AND AGREED BY THE PARTIES TO RESOLVE A PAST COPYRIGHT INFRINGEMENT AND REFERENCING THESE TERMS. THE EXPLANATIONS TO FAQ’S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN AERONAUTIC PICTURES’ WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.