TERMS & CONDITIONS
Welcome to our website ‘www.robranmke.com’. These terms and conditions of use constitute a legal agreement between you and Rob Ran Creative (‘Rob Randolph’). Your use of this website constitutes your acceptance of the terms. If you do not agree with the terms, please do not use this website.
Ownership of This Website and Its Contents
This website is owned and operated by Rob Ran Creative Services LLC ('RRC'). All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations and software (‘content’), is owned by Rob Ran Creative, and its content providers. All photographs images and illustrations are the property and copyright of Robert Randolph.
All elements of the Rob Ran Creative website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with 'RRC', no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Rob Ran Creative or its licensors.
You shall indemnify Rob Ran Creative and its licensors against any losses, expenses, costs or damages however incurred by any or all of them as a result of your breach of these terms or your unauthorized use of the content, website and related rights.
Use of the Site
This website and its content are intended for customers of Rob Ran Creative Services. You may not use this website and its content for any purpose not related to your business with RRCS. Any use of the content, this website or any of its functionality for a purpose not permitted by these terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by Rob Ran Creative Services for use of this website.
RRC does not sell or rent information about our customers to any third parties. All information supplied to us, including your email address and telephone number, is used for internal purposes only, in order to stay in touch and inform you of the latest news, promotions and updated website information. We also use your account information to personalize emails sent to you and the services offered to you. Your website activity is anonymously recorded in order to improve the functionality of the website and our service.
Cookies are used by the website only to establish your user ID when you login to the website so you do not have to resubmit your user ID and password every time you enter the website. A cookie is a small file that is downloaded from the site into your hard drive automatically. You have the option to accept or decline cookies when you visit our website.
Rob Ran Creative will periodically send emails and updates that may be of interest to you. Your information is specifically processed to manage your customer account, as well as occasionally sending you marketing emails informing you of our latest collections, website updates, trade events, or send seasonal greetings. The responsibility of processing this data is only via Rob Ran Creative. If you do not wish to receive these emails, please contact us and you will be removed from future lists.
All photographed images and illustrations (‘image[s]’) are the property and copyright of Robert Randolph. Images owned by Robert Randolph, managed by Rob Ran Creative are protected under National and International Copyright Laws. No images or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from Rob Ran Creative. RRC is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.
All images requested and purchased through Rob Ran Creative are offered on an individual license basis and are non-exclusive. The copyright of the image is always retained by Robert Randolph and managed by Rob Ran Creative. The licenses serve to protect the rights of Robert Randolph and Rob Ran Creative. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the license has been agreed, with the full Rob Ran Creative licensing and purchasing terms.
Usage Rights: When images are licensed by Rob Ran Creative, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further agreement by Rob Ran Creative. The license will state the media use, duration rights and the territories for the usage. Reproduction of an image may only take place once license terms have been agreed and a license granted, and all confirmed in writing. Following Rob Ran Creative permission to use an image, all images must be destroyed after use or on expiry of the license term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright. As a result we reserve the right to claim any damages that this incurs.
Licensing and Purchasing Terms: By downloading images from our website, either as a new payment or with an agreed pricing arrangement with Rob Ran Creative, you are agreeing to Rob Ran Creative non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the license.
Usage Fee: A fee is generally payable to license any rights-managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run and distribution territory. Rob Ran Creative calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license. If an invoice issued by Rob Ran Creative for the usage fee is not paid in full by the terms of the invoice, the license will be cancelled, and non-payment will be considered as a breach of these terms. As a result we reserve the right to claim any damages that this incurs. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by us under licence in accordance with these terms.
Cropping and Image Manipulation: The rights to alter any photograph rests with Robert Randolph, and Rob Ran Creative will seek their opinion on any alteration request.
Captions: All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.
Credit Lines: With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read '© Photograph by Rob Randolph. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line. Failure to do so may incur an additional charge of 20% of the original license fee.
Published Images: Rob Ran Creative requests at least two copies of any publication featuring an image reproduction upon publication.
Intellectual Property Right/Model Release: The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Rob Ran Creative harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
(a) no release was furnished by Rob Ran Creative in writing,
(b) the use of any images exceeds the scope of the release provided by Rob Ran Creative.
The licensee will also indemnify and hold Rob Ran Creative harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Rob Ran Creative’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Rob Ran Creative makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
‘Rob Ran Creative’ is a trademark and may be registered in some countries.
Rob Ran Creative uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability. Images of people or places displayed on the website are either the property of, or used with permission by, Robert Randolph and Rob Ran Creative. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission provided elsewhere on the website or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.
Governing Law and Jurisdiction
This agreement is governed by the laws of the United States of America and the state of Wisconsin whose courts are the courts of exclusive jurisdiction. Save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.