How to purchase images on this site

All images on this website are copyrighted and protected under US and International Copyright Laws.  Any un-authorized copying, usage and/or distribution is strictly prohibited.  All violations will be prosecuted to the full extent of the law.

Search | Payment | Products | LightBox | Check Out | Image Usage Terms and Conditions

Searching

> We have endeavored to create an easy to search database for our growing collection of images. As you can see there are numerous categories to browse. You can also enter keywords in the search box to narrow your choices. We have embedded keywords into all the image collections to respond to more selected searches. The scope of your search results will be determined by your selection of keywords.

> Quick Search - By default our Search uses "Match at least one keyword" for the quick search function. If you input "beautiful sunset" (without the quotes) into the quick search field, then the search function will return results for any media that contain either "beautiful" OR "sunset" in its properties.

Our Search also supports the "AND" and NOT" operands in the quick search function by the use of the plus sign (+) and minus sign (-) respectively in front of the keywords.

• If you input "beautiful +sunset" (without the quotes) into the search field, the system will only return results for any media that contain both keywords "beautiful" AND "sunset" in its properties.

• If you input "beautiful "sunset" (without the quotes) into the search field, the system will return results for any media that contain the keyword "beautiful", but this media can't contain the keyword "sunset" in its properties.

• Note: There must not any spaces between the second keyword and the input operands (+), (-) keywords.

> Advanced Search  -Our advanced search function doesn"t use the same algorithms as above. It offers options allowing you to choose which operand you want to use for your searches.

There are three options available.

• Match at least one keyword
  Our Search will return results for any media that contain either one of the input keywords in its properties.

• Match all keywords
  Our Search will only return results for any media that contain all input keywords in its properties.

• Match exact phrase
  Our Search will only return results for any media that contains the exact input keyword phrase in its properties.
   

Payment Method

> We accept all major credit cards through our payment processing using Paypal.  Upon checkout, you will be directed to finish you transaction through Paypal's gateway.  Once completed, you will be re-directed to our site.  For large customers, we can offer extended payment terms upon request.
 

Products

> We offer up to 3 types of products that you can choose from.

• Rights Managed License
  All  our images are available under a Rights Managed License.  When you have selected an image, you must specify the usage license by following the drop down menus.  Once all information has been entered, your price will be displayed.  If you can not find your exact terms, then estimate the next closest term.  If you still can not find a usage combination that fits your needs, please call us at 805-322-8555.

• Credit Subscription and Royalty Free
  At this time we do not offer this type of license.  Please check back as we may add this to our product line.

• Prints and Fine Art
  Under the fine art section of the web site you can purchase prints and/or other products.  The type of product is dependent upon the artist and will be described in detail on the product page.

The Lightbox

> The Lightbox is YOUR collection of images. You may add up to 30 images to your lightbox. If you wish to purchase an image that is in your lightbox, click on the thumbnail to view the enlarged image. Select the items that you want to purchase and click on the "add to cart" button.  If you wish to save your Lightbox, you must register as a user.
 

Shopping Cart

> The shopping cart displays your order details, if you wish to delete an image from your order before proceeding to checkout, simply hit the remove link on the right side.
 

Checking Out

> You will need to login to checkout your order. If you are new to the site please complete the registration form to create a username and password. This information is stored, so that you can return to the site to make future purchases and so that we can review your orders.

> We utilize PayPal for purchases made on this site.

> If you do not want to use our online ordering system, we are available to take phone orders from 9AM to 5PM Pacific Standard time. Our off-line credit card system takes VISA, MASTERCARD, AMERICAN EXPRESS. You can of course, always mail a check as well but this adds considerable time to the processing of your order. To order by phone please call: (805) 322-8555
 

My Account

> This page shows your order history and also allows you to download any instant download orders.
 

Image Use and Rights Manged License Terms and Conditions

> Some images are available as digital files which you can download. All digital files, whether for web use or print use are "Rights Managed". Our terms are as follows including the complete terms and conditions agreement between you and Tidalstock:
 

Web Usage

> These files can be used on one domain only (i.e. www.yourdomainname.com) They can be used on as many web pages within that domain as you desire.
> They can be altered if necessary, but they can not be included in any composite that is resold
> The image files CANNOT be resold
 

Print Usage

> These files are a higher quality for use in printed publications. They have a resolution of 300dpi and are saved as high quality JPG files. Should you require higher resolution or different file types, please contact us directly by phone or email with your specifications.
> You are granted a licence for a ONE TIME USE as defined by the license usage you purchase- This means that you can use the image for one type of publication. If you use the image in a brochure, you do not have the right to then create a new product such as a magazine ad which uses the same image.  You must buy a second license if you wish to use the image outside of the defined license.

Product Return Policy

> If for any reason you are not satisfied with a print order, we will refund 100% of your order upon its return to us in the condition that it was received. Return shipping charges are your responsibility. You must contact us prior to any return and we will give you specific return instructions. If your order is delivered damaged, it is your responsibility to contact the shipper. IMPORTANT: Save all packing materials. Failure to do so can cause the shipper to deny your claim.
 

Terms and conditions for use and licensing of images

TIDALSTOCK IS A WHOLLY OWNED SUBSIDARY OF TIDAL ADVERTISING INC.  THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND TIDAL ADVERTISING INC. AND TIDALSTOCK HEIN REFERED TO TIDALSTOCK, RELATING TO THE USE OF TIDALSTOCK’S WEB SITE, DOWNLOADING OF IMAGE FILES FROM SUCH WEB SITE, AND THE LICENSING OF IMAGES BY TIDALSTOCK TO YOU.

1.  Use of image files and Grant of Rights.

Tidalstock licenses to you the use of image files only as defined below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by Tidalstock and its photographers.

2.  Intellectual Property, Privacy Laws and Releases.

You acknowledge that the content available through the Website is the property of Tidalstock or its subsidiaries, partners, or photographers and is protected by copyright and other intellectual property laws. Any use without proper license is strictly prohibited and will be prosecuted to the full extent of the law.  Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from Tidalstock stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from Tidalstock or its content providers. Further, Tidalstock makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk.

3.  Fees, Charges, and Advances.

You and your representatives are jointly and severally responsible for full payment of all fees, charges, and advances.  The rights licensed, fees, charges and advances set forth in this Agreement apply only to the original specification of the Services.  Additional fees and charges shall be paid by you for any subsequent changes, additions or variations requested.  All advance payments are due prior to production on production or photography services.

4.  Payment Terms

All fees are due at checkout for products purchased on our website.  Any invoices are due upon receipt for products or services not purchased through our website.  Any unpaid balances will incur a late payment charge of 1-1/2% per month but not in excess of the lawful maximum.

For clients that wish to set up a corporate account, you may do so by contacting our offices and apply for a net 30 account. 

Any disputes concerning the invoice must be submitted in writing, within five (5) business days of the invoice date, or you shall be deemed to have accepted the invoice as issued.

Our system upon checkout will grant you a receipt, invoice, and license details.  Depending on the product, images will be delivered via automatic link or emailed from a secure server.

5.  Granted Rights Managed Licenses

All licenses granted for image uses are Rights Managed non-exclusive licenses limited to one year periods for designated geographical regions as defined in the checkout process or our web site.  Unless otherwise specified at time of purchase and specified on your invoice, your license will expire at the end of the term. All rights specifically granted, as specified on your invoice, including but not limited to derivative uses, electronic, CD-ROM, on-line, or promotional rights, are reserved for use and disposition by Tidalstock without any limitation whatsoever.

6. Loss, Theft, or Damage. 

The ownership of the Photographs shall remain with Tidalstock or Tidalstock’s photographers.  You agree to assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Photographs and to insure the Photographs fully from the time of shipment from Tidalstock to you until the time of return receipt by Tidalstock. You further agree to return all of the Photographs at its own expense by registered mail or bonded courier which provides proof of receipt.  Reimbursement for loss, theft, or damage to Tidalstock shall be in the amount of the value entered for that Photograph(s).  Both You and Photographer agree that the specified values represent the fair and reasonable value of the Photographs.  Both parties agree that each original transparency has a fair and reasonable value of $1,500 (Fifteen Hundred Dollars).  You agree to reimburse Tidalstock for these fair and reasonable values in the event of loss, theft, or damage.

7.  Tear Sheets.

You shall provide Tidalstock with two (2) copies of tear sheets of any authorized usage.

8.  Releases.

You agree to indemnify and hold harmless Tidalstock against any and all claims, costs, and expenses, including attorney’s fees, arising when no model or property release has been provided to you by Tidalstock or when the uses exceed the uses allowed pursuant to such a release.

9.  Unauthorized Use of Images.

In the event you use one of our images that is outside the terms of your granted license, in terms of publication size, country, marketing type, print run, or any other license term, Tidalstock reserves to the right to seek damages in the amount of ten (10) times the normal rate for said usage.

Tidalstock will calculate in good faith a fair license fee and submit an invoice.  If payment is not received within in fifteen (15) days, Tidalstock reserves the right to sue for copyright infringement and you will be responsible for all fees, attorney fees, and court costs in addition to any court awarded settlement.

10.  Defamatory Use of Images.

You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

11.  Electronic Rights.

No electronic publishing or use of any kind is licensed unless specifically stated on your license.  The use rights reserved by Tidalstock include, without limitation, all rights of publication, distribution, display, Transmission, or other use in electronic, digital and other media of any kind, now existing and yet unknown.  Any rights licensed by Tidalstock for any use in a collective work exclude all use rights for any kind of revision of that collective work including any later collective work in the same series.

12.  Disclaimers.

All images, files, and products supplied by Tidalstock are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. Tidalstock assumes no responsibility for any actions or liabilities arising from their possession or use. Tidalstock disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Tidalstock be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if Tidalstock is expressly advised of the possibility of such damages. In no event shall Tidalstock’s liability exceed the fees paid for the use of the files. No oral advice or written information given by Tidalstock, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

13.  Arbitration.

A material part of this contract is our mutual agreement to arbitrate disputes, except for copyright violations, which will be litigated solely in U.S. federal court. Any and all disputes arising out of, under or in connection with the contract, including without limitation its validity, interpretation, performance and breach, shall be settled by 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 contract, 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 interest, to the successful party.

14.  Assignment. 

Neither party shall transfer or assign any rights or obligations hereunder without the consent of the other party, except that Tidalstock shall have the right to assign monies due.

15.  Miscellany.

This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives.  This Agreement constitutes the full understanding between the parties hereto.  Its terms may only be modified by a written instrument signed by both parties.  A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.  This Agreement shall be governed by the laws of the State of California.

Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement.  Any objections to the terms of this Agreement must be made in writing and delivered to Tidalstock within ten days of the receipt of this Agreement by Client.

We reserve the right to change these Terms and Conditions of Use, prices, and information and available contractual license terms featured on this website without notice.