GIA: Newsroom: Image Gallery

By filling out and submitting the form below and downloading an Image from GIA’s Image Gallery, you agree to be bound by the following terms and conditions:

The Images and all rights therein are owned solely by the Gemological Institute of America, Inc. ("GIA").  Subject to the terms and conditions of this Photograph License Agreement (this "Agreement"), GIA grants to you a limited, non-exclusive, worldwide license to:
(a) reproduce the Image which you have downloaded solely as part of print editorials related to the gem industry;
(b) crop or resize the applicable Image, as may be necessary to fit the particular space, solely as part of print editorials related to the gem industry (with the understanding that GIA solely owns all intellectual property rights to all such modifications to the Image);
(c) sell, license and distribute copies of the applicable Image, solely as incorporated into your print editorials related to the gem industry; and 
(d) publicly display and publicly perform the applicable Image, solely as incorporated into your print editorials related to the gem industry.

The foregoing license is subject to the requirement that you first obtain the consent of any identifiable persons appearing in the Images.

You expressly acknowledge that you have no rights in the Images except as expressly granted by this Agreement.  Without limiting the generality of the foregoing, you may not (a) use the Images for commercial or promotional purposes, (b) use the Images online, whether embedded in an Internet Web site or by way of a link from an Internet Web site, or (c) modify, reproduce, or distribute the Images, except as expressly permitted herein.  Nothing herein shall be construed as restricting GIA's right to sell, lease, distribute or otherwise exploit the Images in whole or in part, in GIA's sole discretion.

Unless otherwise indicated, you must permanently display the following copyright notice in connection with any use by you of any Image:
"Photo © 2002 Gemological Institute of America. All Rights Reserved.  Reprinted by permission."

You hereby release, discharge and agree to hold harmless GIA and its representatives or assigns, and all persons functioning under its permission or authority from any and all claims known and unknown arising out of or in any way relating to your use of the Images.

THE IMAGES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.  GIA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE IMAGES.  GIA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL GIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RELATED TO THE IMAGES OR YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF GIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE IMAGES.

GIA may terminate this Agreement and all licenses granted herein immediately upon any breach by you of this Agreement.  In the event of such termination of this Agreement by GIA you must immediately cease all your use of the Images and destroy all copies of the Images and all derivative works thereof in your possession.

You agree that all matters relating to your use of the Images shall be governed by the laws of the state of California, without regard to the conflicts of law principles thereof.  You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County in California and the United States District Court for the Southern District of California, with respect to such matters.

You may not assign this Agreement, in whole or in part, without the prior written consent of GIA.  GIA's waiver of any breach of this Agreement by you shall not constitute a waiver of any subsequent breach of the same or different provisions hereof.  In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.  This Agreement constitutes the entire agreement between the parties and may only be modified by an instrument in writing signed by both parties.  This Agreement cancels and supersedes any and all prior proposals (oral or written), understandings, representations, conditions, warranties, covenants and other communications between the parties, which relate to the subject matter of this Agreement.

Other restrictions may apply.

For permission to use the Images for any other purpose (other than expressly permitted herein), or to find out about other images that may be available, please contact Judy Colbert at jcolbert@gia.edu.

For questions or concerns please contact:

Laura Simanton
Sr. Public Relations Manager
GIA
5345 Armada Drive – MS #34
Carlsbad, CA 92008

Privacy policy: The information submitted will not be sold, rented, or shared with anyone by GIA.

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I have read and understand the foregoing Photograph License Agreement and agree to be bound by all of its terms and conditions.

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