Image Library Terms of Use

When downloading images from this site, you agree to abide by the terms of use spelled out below.

Please read these Terms of Use carefully before downloading images from this website. These Terms of Use constitute a legal agreement between you and the Portland Oregon Visitors Association (Travel Portland). By clicking on the button that stipulates agreement to the following Terms of Use and by downloading images from this website, you agree to be bound by these Terms of Use. If you are using the images on behalf of another entity, your agreement represents and warrants that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify Travel Portland for any violation of these Terms of Use. If you do not accept these Terms of Use, please do not download pictures from this website.

Travel Portland’s online image library (“the Library”) is provided as a resource for professional, qualified members of the media and Portland-bound meeting planners.

To enter the library, click on “Agree” at the bottom of this page.

General Guidelines

  • All images are the property of the respective photographers and are leased to Travel Portland only for purposes of non-commercial tourism promotion.
  • All images contained in the Library are protected by copyright and all other applicable intellectual property rights. Except as explicitly permitted under this agreement, no portion of any image may be copied via any means, and the images shall remain the exclusive property of the respective photographers.
  • Upon your use of any image contained in the Library, please give credit to the Portland Oregon Visitors Association and, if indicated, the respective photographer of the image.
  • The images in the Library are used to establish Portland’s brand image. To protect the integrity of Portland’s brand and the images, Travel Portland reserves the right to reject any request for use of any image.
  • Travel Portland does not serve either as a free image bank for competing travel publications or as a stock photograph agency.

Approved Image Uses

Travel Portland grants you a limited, royalty-free, non-exclusive, non-sublicensable, and non-transferable right to a one-time use of the images contained in the Library. The only approved uses of the images are as follows:

  • MEDIA — Professional, qualified members of the media may use the images to illustrate Portland travel articles and features.
  • MEETING PLANNERS — Meeting planners with definite booked future business in Portland may use the images for PowerPoint presentations, convention newsletters, attendance-building collateral pieces and magazine articles highlighting Portland as their group’s meeting destination.

Restrictions

Images are intended for one-time use to support particular Portland travel articles and booked meetings in Portland. Travel Portland’s licensing agreements do not allow the Library to be used on a regular basis by publications as a free image bank.

Except for this limited one-time use, Travel Portland grants you no other rights, and you may not distribute, sublicense, or make available for use or distribution any images obtained from the Library.

Without limiting the generality of the foregoing, the following constitute specific prohibited uses of the images:

  • Images cannot be used in any brochure, advertisement, advertorial or promotion by any for-profit entity without a fee being paid to the respective photographer. Such uses must be negotiated directly with the respective photographer. Publications in which featured facilities pay for and/or solicit inclusion are considered advertorial.
  • Images cannot be resold, used on any CD-ROM, or used for any commercial advertising, including without limitation tourism advertising, promotion of goods and/or services, labels, brochures, posters, postcards, calendars, any other merchandise, or computer applications, including without limitation websites.
  • Images cannot be duplicated as a slide or transparency without the written permission of Travel Portland. Travel Portland reserves the right to deny such duplication in its sole discretion. Images may not be altered except for cropping, enlargement or reduction.
  • Images may not be used or displayed in an electronic format that enables them to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file-sharing arrangement.
  • You may not remove any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in any image.
  • In addition to a violation of this agreement, unauthorized use of the images may also violate applicable laws, including without limitation copyright, trademark, and other intellectual property laws.

Indemnification

You agree to defend, indemnify, and hold harmless Travel Portland, its subsidiaries, affiliates, licensors, employees, agents, and independent contractors against any claims, damages, costs, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or related to your use of any images obtained from the Library or any other breach or alleged breach of this agreement.

Disclaimer of Warranties/Limitation of Liability

Images contained in the library are not produced or controlled by Travel Portland, and Travel Portland is not responsible for any images contained in the library or any loss suffered by you in relation to your use of the images. The images in Travel Portland’s online image library are provided “as is” and Travel Portland and its officers, directors, employees, agents, and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including without limitation any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. Travel Portland will not be liable for any damages of any kind arising from the use of the images, or the unavailability of the same, including without limitation lost profits and direct, indirect, incidental, punitive, and consequential damages.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent that they are prohibited or superseded by state or national provisions.

Termination

Travel Portland reserves the right, without notice and in its sole discretion, to terminate this agreement and to block your use of this website and images obtained from the Library.

Change to Terms of Use

Travel Portland reserves the right to change these Terms of Use, without notice at any time and in its sole discretion. Any changes will be effective immediately upon posting on this website. Your continued use of this website following the posting of any changes to these Terms of Use will constitute your acceptance of such changes.

Miscellaneous

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Travel Portland, and no waiver by Travel Portland of any breach or default of these Terms of Use shall be deemed a waiver as to any subsequent and/or similar breach or default. The provisions of this Agreement are independent of each other, and the invalidity or unenforceability of any term, clause, or provision hereof shall not affect the validity or enforceability of any other term, clause, or provision, and such invalid or unenforceable term, clause, or provision shall be deemed to be severed from this agreement. In the event that you breach any of the terms of this agreement or in the event of any other dispute between you and Travel Portland, Travel Portland may seek injunctive or other appropriate relief. In any action to enforce this agreement or arising from any alleged breach, default, or misrepresentation in connection with any of this agreement’s provisions, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. This agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict-of-laws principles. By clicking on “Agree” below, you consent to the exclusive jurisdiction and venue of the courts, both federal and state, in the State of Oregon. Any rights not expressly granted herein are reserved. This agreement constitutes the entire understanding of the parties.

 

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