Photo Download Agreement

At Frost, we believe in doing what's right.

We trust you will, too, but for legal purposes, let's get specific.

On behalf of Frost, we thank you for your interest in the images we have collected in this gallery. These images were taken and submitted to us by our customers and depict the best of Texas places, history, icons, lifestyle, character and themes (the "Images"). The following terms govern your use of this Website and your download and use of the images.

Terms Governing Your Use of this Website and Your Download and Use of the images

This Website is provided by The Frost National Bank("we" or "us"). By using the Website, you consent to out Privacy Policy. To the extent of any conflict between our Privacy Policy and this agreement, this agreement shall control. If you have questions or comments about the Website, this agreement or our Privacy Policy, please email us, including your name and mailing address, at webhelp@frostbank.com. We retain the right, at our discretion, to modify this agreement or our Privacy Policy in the future, Your continued access to our Website constitutes your acceptance of all modified terms.

Your Use of the Website

You may use the Website only to view and download the images, subject to the terms of the license below. You expressly agree that you will not copy any of the images except by using the "Download Image" button at the bottom of the page. Without in any way limiting the foregoing, you agree that you will not copy or display any of the images by any other means, including without limitation, by framing, linking, screen capture, or "right clicking" your mouse.

License to Images

For each image that you download from this Website using "Download Image" button at the bottom of the page, we hereby grant to you a revocable, non-exclusive, non-transferable, limited license to use the Image for your personal, non-commercial purposes only. Absolutely no commercial use of any Image is permitted. All rights in and to the Image not expressly licensed to you herein, including without limitation, all copyrights and other intellectual property rights in and to such Image, are reserved to us or the owners of the rights therein, as the case may be.

License Restrictions

You may not: (1) make any use of any Image in a manner contrary to the terms this agreements; (2) use any Image for any commercial purpose whatsoever, including without limitation, on or in connection with the advertising, marketing, sale, license, provision or distribution of any good or service, (3) modify, adapt, alter, prepare derivative works of, distort or otherwise change any Image, (4) use any Image in any manner that would require a model, location, trademark, property or other release from any person or entity, (5) make any Image available in any manner such that the Image can be saved or accessed as an electronic file, (6) use any Image in a manner that we reasonably believe is illegal, obscene, pornographic, immoral, infringing, defamatory or libelous in nature or that would bring us or the owners of the rights in and to the Images into disrepute; (7) remove any copyright notice or other proprietary markings from any place in or on the image, (8) sublicense, resell, rent, lend, assign, gift, or otherwise transfer or distribute the Image or the rights granted herein to any third party.

Copyright Policy

We respect the intellectual property of others. If you believe that your image has been submitted to us in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. You may contact us by mail, phone, or email using the following contact information:

The Frost National Bank
Attention: Marketing Department T20
100 West Houston Street
San Antonio, TX 78205
(800) 513-7678
email address: webhelp@frostbank.com

Ownership of Copyright

The Website contains material that is owned by or licensed to us, including, but not limited to, the Images. You may not copy, reproduce, download, upload, post, distribute, republish, retransmit or modify in any way any of the material on this Website, including, without limitation, the Images or any written material without our prior written permission. If you are interested in downloading a copy of any of the Images, you must do so by using the “Download Image” button at the bottom of the page. All downloads of the images submitted to us, no matter how obtained by you, are governed by the terms of this agreement.

No Releases

We do not make any representation or warranty that permission, consent or release has been obtained for the taking, distribution, display or other use of the Images from the persons, places, trademarks or property depicted in the Images. You expressly agree not to make any use of the Images that would require such a permission, consent or release.

Exclusion of Liability

YOUR USE OF THIS WEBSITE IS "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THIS WEBSITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT OR FOR YOUR DOWNLOAD OR USE OF ANY IMAGES OR OTHER MATERIAL CONTAINED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR ANY OF OUR AFFILIATED COMPANIES OR INDIVIDUALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES, BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT OR DOWNLOADED FROM IT, OR FOR ANY INFORMATION OBTAINED THROUGH OUR WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY MATERIAL ON THIS WEBSITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND DESTROY ANY IMAGES THAT YOU HAVE DOWNLOADED FROM THE WEBSITE. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE. The above limitation may not apply to you because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages.

Indemnity

You agree to defend, indemnify and hold us harmless from any and all claims, suits, allegations, liabilities, damages, penalties, fines, costs and expenses, including reasonable attorneys' fees, related to or arising out of your actual or alleged violation of this agreement.

Termination

You may terminate this agreement by destroying all copies of the Images and ceasing to access and use this Website. We may terminate your right to access and use the Website or to download Images at any time without notice. However, such termination shall only apply to your right to access and use the Website or download and use Images and shall not in any other way terminate or limit any other provision of this agreement, all of which shall survive such termination. In the event of any termination of this agreement, you must destroy all copies, and cease all uses, of the Images.

Miscellaneous

This agreement, along with our Privacy Policy and any additional rules or conditions referred to herein or on the Website, constitute the entire agreement and understanding between you and us as to your use of the Website and your download and use of Images. Any and all prior or contemporaneous communications and/or proposals are superseded. This agreement is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to your use of our Website and your download and use of Images to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

This agreement shall be governed by the laws of the State of Texas without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in Bexar County, Texas.

This Agreement was last updated on or about 03/18/2015.