Legal notice /
1. Submission Terms
All materials, including images, may not be utilized in any manner, such as layouts, sketches, xerography, or scanning, until the submission of and payment for an invoice that indicates the Recipient's right to do so or confirms the outright purchase of the image(s). Such usage shall only be permitted under the terms specified hereafter. You are prohibited from ARCHIVING, REPUBLISHING, or TRANSMITTING images to any DATABASE without the prior written consent of Sun Sea Sands.
2. Usage Terms
Unless otherwise explicitly stated, all content displayed on the Sun Sea Sands website, including but not limited to designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs, or any other signs suitable for industrial and commercial use, remain the property of Sun Sea Sands or the respective contributors. Sun Sea Sands represents that it has the authority to grant licenses on behalf of the contributors. Upon the submission of and payment for an invoice to Sun Sea Sands, a license is granted solely for the specified usage indicated on the invoice and for no other purpose, unless the images are outrightly purchased. The Recipient does not acquire any rights, title, or interest in or to any image, including, without limitation, any electronic reproduction or promotional rights. The image(s) must be faithfully reproduced and shall not be altered in any way (except in terms of overall size) without Sun Sea Sands' prior written consent. Full credit and copyright information must always accompany the image.
If the Recipient wishes to reuse an image or extend previous usage, they must request and pay for additional rights before publication. The Recipient agrees not to make, authorize, or permit any use of an image or its derivative (use of an image as a source to create another image) except as authorized by the invoice. In the event that the image is used for any purpose other than that specified on the invoice, including but not limited to the number of uses, the publication's use, or the size of the reproduction, Sun Sea Sands agrees to waive its right to sue for copyright infringement and breach of contract if the Recipient pays, as liquidated damages, a sum equal to ten (10) times the standard price that would have been charged for such use, within 10 (ten) days of receiving the invoice. This is not a penalty but an agreed-upon fair use fee. Failure to make this payment within ten (10) days grants Sun Sea Sands the right to sue for copyright infringement and breach of contract. Unless otherwise specified in writing by Sun Sea Sands, no model releases or other releases exist for any images. The Recipient shall indemnify Sun Sea Sands against all claims arising from the use of any images where the existence of such release has not been specified in writing by Sun Sea Sands. In any event, Sun Sea Sands' liability is limited to the sum paid per the invoice for the use of the specific image involved. The User will hold Sun Sea Sands harmless from all claims related to the use of the images, including defamatory use. Sun Sea Sands provides no rights or warranties concerning the use of names, trademarks, logo types, registered or copyrighted designs, or works of art depicted in any image, and the client must ensure that all necessary rights, consents, or permissions required for reproduction are obtained.
Digital files are provided "as is." Sun Sea Sands makes no representations or warranties, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, image quality, or compatibility with computer hardware, other equipment, operating systems, or software programs. Users may have additional rights under certain state laws.
3. Miscellaneous Terms
This agreement is non-assignable or transferable by the Recipient.
This contract encompasses all the terms of the agreement between Sun Sea Sands and the Recipient regarding the delivery and review of images. No terms and conditions may be added or deleted unless made in writing and signed by both Sun Sea Sands and the Recipient. These terms and any subsequent invoice issued by Sun Sea Sands may contain additional terms pertaining to the rights granted and the permitted type of usage. No rights are granted until payment is made to Sun Sea Sands, even if the Recipient has received an invoice. Payment must be made within thirty (30) days. A service charge of two (2%) percent per month will be imposed on any unpaid balance after that period. Claims for adjustment or rejection of terms must be submitted to Sun Sea Sands within ten (10) days after receipt of the invoice. The Recipient shall provide Sun Sea Sands with two (2) free copies of any publication immediately upon printing.
Rights are reserved to the Recipient when artwork is downloaded or otherwise obtained. If the Recipient cancels an order within ten days of downloading or otherwise obtaining artwork, Sun Sea Sands will refund 50% of the agreed-upon fee. After ten days, no refund will be issued, and the agreed-upon fee shall be paid by the Recipient upon receipt of the invoice.
Editorial use of images should include a credit line in the form of "[name of photographer or creator of the Artwork] / Sun Sea Sands." Sun Sea Sands reserves the right to charge a triple fee for use without proper credit.
All rights not explicitly granted herein to the Recipient are reserved for Sun Sea Sands' use and disposition without any limitations whatsoever.
4. Limitation of Liability
Under no circumstances will Sun Sea Sands or the image owner be liable for any direct, incidental, consequential, indirect, or punitive damages resulting from the use of the images. In any event, the liability of the image's copyright owner and Sun Sea Sands shall be limited to the fee paid for the artwork to Sun Sea Sands.
The Recipient agrees to indemnify and hold Sun Sea Sands, its officers, directors, employees, and the copyright holder harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising from the use of any image or any breach of this agreement.
5. Applicable Legislation
The terms and conditions governing this website and all relations that may arise from it are governed by Spanish jurisdiction. For any dispute arising from the existence, access, use or content of the website, both the user and Sun Sea Sands, expressly waiving any other jurisdiction that may correspond to them, shall submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Madrid.
The laws of Spain shall be applicable to the use of the website. We make no representation that materials on the Site are appropriate for other locations or that they are available in all territories. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws to the extent local laws are applicable.