This is a legal agreement (“Agreement”) between the San Diego Historical Society (“SDHS”), dba the San Diego History Center (“SDHC”), and the end user (“User” or “you”). By obtaining images from SDHC, you agree to the following terms and conditions. If you are accepting this Agreement on behalf of your employer or another third party, then these terms and conditions shall apply to all parties.

(1) Copyright Status of Images

For images that are under copyright and owned by SDHC, or images for which SDHC is an authorized licensing agent, SDHC warrants that it owns the copyright or has been granted permission to license the images. These images may not be used in any manner without the prior express written consent of SDHC.

For all other images, unless otherwise noted, you the User is responsible for determining the copyright status and obtaining permission from the copyright holder prior to publication. For images designated as having “no known copyright restrictions,” SDHC is not aware of any United States copyright restrictions and the images may be in the public domain. SDHC does not prepare licensing agreements for public domain images or any other images to which the SDHC does not hold rights. SDHC will provide copyright holder information if known, unless divulging that information breaches confidentiality or contract terms.

(2) Rights and Restrictions

For images for which SDHC owns the copyright or has been granted permission to license, SDHC grants the User a limited, non-exclusive, non-transferable license to reproduce the images identified on the image order solely to the extent explicitly stated on the licensing terms agreement and/or invoice. The User acknowledges that this Agreement does not give the right to distribute (sell or to grant others to sell) the images to any other party.

• Defamatory, pornographic, or otherwise unlawful use of the images is strictly prohibited.
• SDHC reserves the right to refuse permission to use its images.
• It is strictly prohibited to use images to promote harassment, discrimination, violence, or hatred of any kind.
• Images may not be used in the following ways without the prior express written consent of SDHC: logos, trademarks, or service marks; political campaigns; social media websites; or items in order to sell to a third party.
• If you have obtained permission from SDHC to post images to the web or a mobile app, you agree to display the images at a maximum of 150dpi at the original object size and prevent website visitors from downloading the digital file.

(3) Releases and Permissions

Except where the User is specifically notified in writing, SDHC grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs, or works of art or architecture depicted in the images. The User shall be solely responsible for determining whether a release is required in connection with any proposed use of the images. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent.

SDHC makes no representations or warranties as to whether or not any additional fees or payments may be due to any model or individual depicted in the licensed material pursuant to the requirements of any applicable trade union and you shall be solely responsible for any such additional fees or payments to such trade union.

(4) Reuse

For images for which SDHC owns the copyright or has been granted permission to license, SDHC’s express written consent is required before reuse. Reuse is defined as a use not specified on the invoice or agreement sent to the end user. An additional fee will apply. For all other images, permission may need to be obtained from a copyright holder before reuse. If the image is in the public domain, perpetual reuse is permitted in accordance with United States copyright law.

(5) Crediting Images

A credit line must accompany all images. The required credit line for each image is found on the itemized Image Order document provided upon completion of your image request.

Credit lines will appear adjacent to the images or within the “Sources” or “Credits” section of the publication, production, or exhibition. For web use, credit lines must include a link or the Uniform Resource Locator (URL) for SDHC’s website (www.sandiegohistory.org).

(6) Other User Obligations

The User agrees to deliver to SDHC one complimentary copy of any published work in which the images appear no later than three months after the work has been published.

Images may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised. The user may not otherwise alter the content.

The User agrees to retain the metadata embedded in the images.

For images not available for immediate purchase and download from https://collections.sandiegohistory.org, SDHC requires all applicants to submit written requests to collections@sandiegohistory.org

(7) Payment

Images will not be made available for download until full payment has been received by SDHC. All sales are final and no refunds will be granted.

(8) Copyright Ownership

No ownership or copyright in any image shall pass to you by the issuance of this Agreement.

Any use of images for which the copyright is owned by SDHC in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling SDHC to exercise all rights and remedies available to it under United States copyright law. The User shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.

(9) Limitation of Liability

You agree to hold SDHC harmless from all claims and expenses arising from your use of the images. Under all circumstances, SDHC disclaims any and all liability in connection of your use of the images.

(10) Indemnification

When third party releases for the images have not been obtained by SDHC, you shall defend, indemnify, and hold SDHC and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities, and expenses (including reasonable attorneys’ fees and costs), arising out of or connected with any actual or threatened lawsuit, claim, or legal proceeding relating to the use of the images by you, to the extent that such claim relates to the absence of a release or your unauthorized use of the images.

(11) Severability

If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, then the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable.

(12) Waiver

No action of SDHC, other than express written waiver, may be construed as a waiver of any provision of this Agreement. In the event SDHC waives any specific part of this Agreement, it does not mean it waives any other part

(13) Arbitration & Governing Law

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by the arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be San Diego California, United States of America. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. California law shall govern all matters arising under or relating to this Agreement.