User Agreement

This User Agreement contains the terms and conditions governing access to the RVJUNKIE.COM/TRIP ("RVJUNKIE.COM/TRIP") website and the use of any photographs licensed by JOHN T. VANDERHEIDEN (subject to the terms of each Individual Photo License approved by JOHN T. VANDERHEIDEN). JOHN T. VANDERHEIDEN reserves the right to change the terms of this User Agreement at any time, which changes will be incorporated in the terms displayed on screen. Please review the User Agreement on screen prior to each use; by accessing the Site, users agree in advance to be bound by the terms on screen at the time of such use.

  • SITE USERS The Site is accessible to licensed individual users and to licensed user organizations, through designated individuals, solely for the review and licensing of the JOHN T. VANDERHEIDEN photographs for personal use pre-approved by JOHN T. VANDERHEIDEN. By accessing the Site and/or using of any photographs, users agree to be bound by the terms of the User Agreement, any applicable Individual Photo License and all applicable laws and regulations.
  • SITE MATERIALS The Site, the photographs and all other materials displayed on the Site (including but not limited to the information, artwork and other graphic materials, and names, logos, and trademarks) are the property of JOHN T. VANDERHEIDEN and are protected by copyright, trademark and all other applicable laws and regulations. The photographs and any other Site material shall not be downloaded, copied, distributed, modified or otherwise used in any manner except as expressly provided in the User Agreement and any applicable Individual Photo License.
  • ONE-TIME USAGE Except and to the extent expressly authorized in any Individual Photo License, photograph usage rights granted by JOHN T. VANDERHEIDEN are non-exclusive and limited to your own personal use; no use shall be permitted in any publication (personal or commercial). Furthermore, usage shall be for personal and/or informational purposes only; under no circumstances shall any photograph be used for any commercial purpose, including for advertising, promotion or publicity for any publication.
  • CROPPING Licensed photographs shall not be modified in any way other than cropping in a manner which does not alter content. Photographs shall not be used in any manner which may disparage JOHN T. VANDERHEIDEN or any persons or entities depicted or otherwise referenced therein.
  • CREDIT Credit shall be displayed prominently on or immediately adjacent to each licensed photograph in the form "Copyright @ 2002 - 2008 by John T. VanderHeiden" in each instance. No other indicia of authorship or ownership shall be used in or in connection with any licensed photograph other than identification of the person or organization authorized by JOHN T. VANDERHEIDEN in advance and then only in a format approved by JOHN T. VANDERHEIDEN.
  • INVOICING License fees shall be due within 30 days of receipt of invoice. Users shall also pay on invoice any costs incurred by JOHN T. VANDERHEIDEN for special delivery or handling necessary to complete the licensing or delivery request, and users shall be solely responsible for any other costs in connection with the transmission, receipt, downloading and/or physical preparation of any licensed photograph.
  • AUTOMATIC CHARGE Usage fees shall be incurred on a non-refundable basis as of moment of JOHN T. VANDERHEIDEN transmission of the digitized image (or delivery by any other means requested), irrespective of whether the photograph is actually used. Users shall be responsible for license fees for, and shall be liable for any usage of, any photograph ordered or obtained through the user's account, with or without user's authorization or knowledge.
  • USER BREACH JOHN T. VANDERHEIDEN may require documentation of usage at any time, and users shall furnish tear sheets and other materials promptly upon request at no cost to JOHN T. VANDERHEIDEN. Usage in excess of that permitted by the User Agreement and the applicable Individual Photo License shall automatically incur charges, payable immediately to JOHN T. VANDERHEIDEN, at two times the rate prescribed in JOHN T. VANDERHEIDEN's then-current rate schedule, it being agreed that such payment shall not offset or be in lieu of any amount to which JOHN T. VANDERHEIDEN may be entitled in damages and that acceptance of such payment shall not limit any other rights or remedies that JOHN T. VANDERHEIDEN may have in connection with such unauthorized use. Furthermore, users acknowledge that the breach or threatened breach of this User Agreement or any Individual Photo License may cause irreparable harm to JOHN T. VANDERHEIDEN which may not be adequately compensated at law and therefore, in addition to any other rights or remedies JOHN T. VANDERHEIDEN may have, JOHN T. VANDERHEIDEN shall have the right to injunctive relief, without posting of any bond or security, to prevent any such breach or threatened breach.
  • CONDITIONS JOHN T. VANDERHEIDEN makes no representations concerning the Site, the photographs or the contents of any photographs. Users agree to obtain all permissions and releases required under any applicable law or regulation in connection with the use of any photograph (including any persons or third-party owned material depicted or referenced in the any photograph) and to make all payments as may be required in connection with the use of any photograph. Users also agree that usage of any photograph ordered or otherwise obtained through user's account shall not violate any applicable law or regulation or the rights of any third party.
  • INDEMNIFICATION Users shall indemnify and hold harmless JOHN T. VANDERHEIDEN, their agents and those working for them or on their behalf from and against any and all claims, losses, costs, damages and expenses (including reasonable attorneys' fees) arising out of or resulting from user's access, use or attempted use of the Site, the photographs or any other material contained on the Site, or the breach of any of user's representations, warranties or agreements hereunder.
  • TERMINATION OF ACCESS Each authorized user shall have access to the Site in accordance with the terms of the User Agreement until such user's account is terminated by JOHN T. VANDERHEIDEN or the user notifies JOHN T. VANDERHEIDEN of its request to terminate. Notices shall be sent to JOHN T. VANDERHEIDEN by electronic mail at trip@rvjunkie.com. JOHN T. VANDERHEIDEN shall have the right to discontinue or change the Site, the licensing service, the photographs or other Site material, or the basis on which any of the foregoing is made available to any user, or to users generally, at any time without notice except as expressly provided herein.
  • MISCELLANEOUS Users may not transfer or assign any rights or obligations under this agreement to any other person or entity. This agreement shall be governed by the laws of the Commonwealth of Virginia applicable to contracts entered into and fully performed therein, and the state and federal courts of Virginia Beach, Virginia shall have exclusive jurisdiction over any claim or controversy arising out of this agreement of the subject matter hereof. This User Agreement, together with any Individual Photo License approved by JOHN T. VANDERHEIDEN, shall constitute the entire understanding between the user and JOHN T. VANDERHEIDEN with respect to the subject matter hereof and may not be amended other than in a writing signed by both parties.