PhotoSeeSee.com LICENSING TERMS & CONDITIONS

END-USER LICENSE AGREEMENT (EULA)

This Agreement governs the terms by which members and license purchasers of media contents from the Photoseesee.com web site may obtain the right to use such media contents. The term “Material” shall be used in this Agreement to mean digital photographs and other media contents on the Photoseesee.com web site.

In this agreement, the term “we” means La Apple, LLC, the owner/operator of the PhotoSeeSee.com web site. The term “you” means you, or if you are acting on behalf of your employer or organization, then “you” means your employer or organization. If you are acting on behave of your employer or organization, you warrant that you have the full legal authority to bind your employer or organization to the terms of this Agreement.

By downloading any Materials from PhotoSeeSee.com you are declaring that you have read, understood, and agreed to all terms and conditions listed in this Agreement. You are not authorized to use the Materials for any purpose unless it is expressly permitted by this Agreement. You may choose to purchase a “Standard License” or “Extended License” prior to downloading the photograph or media content. The terms of use for the Standard License and Extended License are covered in the appropriate sections of this Agreement. Many photographs are also available for download at no cost. The terms of use for the “free” pictures are covered in the “Free Pictures License Terms” section of this Agreement. You acknowledge that you do not own the original Material obtained from PhotoSeeSee.com . You own a license to use that Material by purchasing the license to use the Materials in accordance to the price stated on the Photoseesee.com web site for the Material. The license is non-transferable.

1. Restrictions for All License Terms

A. The following User’s restrictions apply to all use of PhotoSeeSee.com Materials. You agree not to access, acquire, or use our Materials in any of the following manners under any license terms. Additional restrictions for each License Term are provided in the appropriate section of this Agreement.

1. You can not at any time share, sell, give, or allow anyone to use your username/password, nor access your PhotoSeeSee.com account for any reason. You acknowledge that this information is confidential information and that La Apple, LLC maintains proprietary interest in such information. The disclosure of such information by you may cause irreparable damage or injury to La Apple, LLC which may entitle La Apple, LLC to injunctive relief which you acknowledge is reasonable under the circumstances;

2. You can not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever;

3. You can not distribute our Materials electronically or in hard copy, unless the distribution condition is specifically stated in this Agreement;

4. You can not distribute or share the file with anyone outside of your home or organization;

5. You can not use our Materials for any part of a logo, trademark, service mark, business name, etc.;

6. You can not allow or authorize any third party to use the Materials for any purpose at any time.

7. You can not resell, sublicense, or make available the Materials for use or distribution on a network server, peer-to-peer file sharing environment, or web server;

8. You can not use any download software, internet accelerators, or other similar software or automated programs to access or download any Materials from our website at any time;

9. You can not, under any circumstances, use the Materials in connection with any illegal, obscene, or pornographic materials.

2. Standard License Terms

A. We hereby grant you a non-exclusive, non-transferable license to download, use,
modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.

B. You may access, acquire, and use the Materials downloaded from PhtotoSeeSee.com subject to these Terms and Condition in the following manner under the Standard License:

1. In the development and creation of your business presence and entity;

2. As part of an offline presentation, including menus, magazines, in books, on book covers as part of the cover's design, and newspapers;

3. In the development and creation of marketing or advertising materials, including newsletters, mailers, print ads, packaging, and fliers;

4. As part of office presentation and layout for your business, such as, for decor in an office, lobby, retail store, or public area;

5. In a computer generated presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in the presentation noting that some images contained in this presentation are the copyrighted property of the photographer. As such, these images are being used under a license from said entities, and can not be copied or downloaded without explicit permission from La Apple, LLC or the photographer;

6. As part of a design element of a website, video, film, television broadcast, CD/DVD‑ROM cover, or video game. However, you can not, under any circumstances, use the Materials in a website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system. You may however use our Materials in client websites that are not distributed through an archive or automatic system.

C. In addition to the restrictions specified in the Restriction for All License Terms section of this Agreement, the following User’s restrictions apply to the use of PhotoSeeSee.com Materials under the Standard License. You agree not to access, acquire, or use our Materials in any of the following manners under the Standard License:

1. You can not use our Materials in tangible products developed for resale. Such products include but are not limited to posters, prints, greeting cards, postcards, canvas, t‑shirts, mugs, calendars, games, entertainment goods, mouse pads, toys, shoes, clothes, bags, etc;

2. You can not use our Materials in products developed as promotional items that are given away for free;

3. You can not use any of the Materials downloaded or obtained from PhotoSeeSee.com in a website template or any template design sold individually or as part of an archive or catalog collection, or an automated shopping system;

4. You can not reproduce the Material in a single product or combination of products in excess of 500,000 copies. If you exceed this limit, you must purchase an Extended License;

5. You can not install and use the Material in more that one location at any one time or permit the use of the Material by more than one person in your organization.

2. Extended License Terms

A. The Extended License grants all usage specified in the Standard License and in addition the following usage:

1. In the development and creation of up to 200,000 copies of tangible products for resale with retail price of less than $10.00 (ten) U.S. Dollars. Example of such products may include greeting cards, stickers, prints, postcards, stationery items, mouse pads, etc. If you exceed this limit, you must purchase another Extended License of the Material;

2. In the development and creation of up to 10,000 copies of tangible products for resale with retail price of $10.00 (ten) US. Dollars or greater. Example of such materials may include posters, calendars, t-shirts, mugs, games, entertainment goods, games, toys, shoes, clothes, bags, etc. If you exceed this limit, you must purchase another Extended License of the Material;

3. In the development and creation of unlimited electronic items for resale such as website templates, document templates, electronic templates, e-cards, screensavers, or similar products;

4. Install and use the Material in more than one location and permit the use of the Material by more than one persons in your organization.

B. The restrictions specified in the Restriction for All License Terms section of this Agreement applies to the use of PhotoSeeSee.com Materials under the Extended License.

3. Free Picture License Terms

A. Free photographs are available under the "Free Pictures" gallery. The free photographs can be identified by the words “Free Download” in the price. We may disable access or limit downloads to a fixed amount of downloads per 24 hour period, per user, as we see fit on an individual basis, to ensure the quality of our service is retained. You may access, acquire, and use the Materials downloaded from PhtotoSeeSee.com subject to these Terms and Condition in the following manner under the Free Picture License:

1. If the Material is used on a web site, you must provide a URL link back to www.photoseesee.com ;

2. You may use our pictures on blogs, forums, and social networking sites. We request you add “PhotoSeeSee.com ” to the image alt tag;

3. You may download our free pictures to use off-line in school projects, church services, leaflets, etc.

B. In addition to the restrictions specified in the Restriction for All License Terms section of this Agreement, the following User’s restrictions apply to the use of PhotoSeeSee.com Materials under the Free Picture License. You agree not to access, acquire, or use our Materials in any of the following manners under the Free Picture License:

1. You can not use our Materials in products developed for resale;

2. You can not use our Materials in products developed as promotional items that are given away for free;

3.You can not use any of the Materials downloaded or obtained fromPhotoSeeSee.com in a website template or any template design sold individually or as part of an archive or catalog collection, or an automated shopping system;

4. You can not use our free pictures to create your own photo gallery web site;

5. You can not use our free pictures in a commercial or for profit projects.

4. Limited Representations and Warranties

A. La Apple, LLC and PhotoSeeSee.com acts as the content exchange site between you and the photographers. La Apple, LLC grants no rights and makes no warranties regarding the use of copyrighted works, intellectual properties, names, people, trademarks, or patents represented in the Materials. The description, categorization, and key words for the Materials are provided as a courtesy with no implied accuracy of such information.

B. All Materials are made available to you “AS IS” and “AS AVAILABLE”, and WITH ALL FAULTS. La Apple, LLC, its employees, directors, and officers and anyone else associated with La Apple, LLC makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. La Apple, LLC further makes no representation or warranty that your usage of PhotoSeeSee.com will be uninterrupted, error free of computer viruses, or other damaging Materials. When you access PhotoSeeSee.com and download Materials, you do so at your own risk.

5. Notice and Procedure for Making Copyright Infringement Claims

A. If you are a copyright owner and believe that any Material submission or other content on the PhotoSeeSee.com web site infringes upon your copyright, or your intellectual property rights have been violated, you may submit written communications to La Apple, LLC with the following information:

1. Description of the Material or content that you believe infringes on your copyright or intellectual property rights;

2.Identification of the Material or content on the PhotoSeeSee.com web site that is claimed to be infringing;

3. Your contact information including your name, address, telephone number, and email address;

4. A statement, that you have good faith belief, the use of the Material or content is not authorized by the copyright owner, its agent, or the law;

5. A statement by you, under penalty of perjury, that the information provided in notification is accurate and you are the copyright or intellectual property owner or you are authorized to act on behalf of the copyright or intellectual property owner;

6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property.

Address your information to Attention: PhtoSeeSee.com Copyright Claim, La Apple LLC, P.O. Box 25656, Las Vegas, NV 89133, or email to CopyrightClaim@photoseesee.com.

6. General Provisions

A. You understand that Materials are copyrighted and owned by the respective photographers, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.

B. La Apple, LLC, its employees, directors, and officers, or anyone else associated with La Apple, LLC shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. La Apple, LLC, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing PhotoSeeSee.com , and for accessing, acquiring, and/or using Materials from PhotoSeeSee.com .

C. You warrant that you will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement and your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to La Apple, LLC is accurate and true, including without limitation all credit card information.

D. You agree to fully, indemnify, and hold harmless La Apple, LLC, its employees, directors, officers, and any other entity associated with La Apple, LLC, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by you in this Agreement.

E. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this Agreement. Any modifications to this Agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this Agreement.

F. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

G. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.

H. You request that these Licensing Terms & Conditions and all documents related thereto are drawn up in English.

I. This Agreement shall be governed by the laws of the State of Nevada and the applicable federal laws of United States of America.

WE ACCEPT

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