Our File Usage Agreement basically says this:
You can download content and use it in your brochure, but you can't download it and put it on the front of a t-shirt or include it in a web template that you're selling unless you purchase our exclusive image which allows for these things.
File Usage Agreement This Agreement governs the terms by which members and clients of StockPhotoSharing obtain the right to use stock photographic, illustrations and other media content provided by members of the StockPhotoSharing community ("User") through the web site located at StockPhotoSharing and StockImageHouse.com(the "Site"). This FILE USAGE AGREEMENT is in addition to the Terms of Use applicable to the Site and to the Member Agreement that all persons providing content to or downloading content from the Site have previously entered into. The terms of this Agreement shall govern any inconsistency between this Agreement and any other Agreements resident on the Site. You are required to follow the terms and conditions if you use the Website located at www.StockPhotoSharing.com. Your use of the Website indicates your acceptance of these terms and conditions which applies to all files on the Website.
1. Use of image files.
StockPhotoSharing licenses to you the use of image files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by StockPhotoSharing and its members. Unless your Agreement is Exclusive.
2. Consent.
You must be at least 18 years of age to use the Website and accept this Agreement. StockPhotoSharing may require any registrant provide sufficient proof that are at least 18 years of age. Minors can access StockPhotoSharing.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. StockPhotoSharing may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.
3. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of StockPhotoSharing or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from StockPhotoSharing stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from StockPhotoSharing or its content providers. Further, StockPhotoSharing makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk.
4. Prohibited Uses.
Without an Exclusive License, you may not:
a. print the photo or image as a poster, postcard, greeting card, on a mug, shirt, hat, mouse pad, art print, painting, calendar, book, or gallery or use the image in screensavers, e-card software, web page builders or other systems where the image is shared or distributed to a number of users.
b. display or post images obtained from the StockPhotoSharing.com Website in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save or steal the photos. If more than 10 images from the Website are being used, size must be no more than 150 pixels in height or width. This is to prevent photos from being freely or easily re-distributed. If your photo is larger than 600 pixels and is an integrated part of a product, design, template or website, this is fine.
c. use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
d. use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
e. post any file obtained from the Website in a gallery format designed or intended to facilitate transfers of files via the Internet by individual users.
f. resell or distribute any file obtained from the Website or its associated depiction unless the image is an integrated part of the product being resold, and comprises less than 50 percent of the overall product, page layout or design. (see Permitted Uses section 5a. below)
g. reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law. You MAY alter the image file to suit your visual needs however - see Section 5b.
h. use any part of an image as a trademark, service mark, logo, or part thereof.
i. remove any copyright or trademark information from any place in the files or accompanying materials.
5. Permitted Uses.
You may:
a. display the images from image files in any manner not prohibited by the agreement (see Section 4.) provided that you include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: "© Photographer's Name. Image from StockPhotoSharing.com".
b. modify or alter images as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, images or files taken from StockPhotoSharing and integrated into said derivative work are still copyrighted by StockPhotoSharing or the appropriate content provider. By purchasing a license to use an image file from StockPhotoSharing you are not purchasing copyrights to our image files in any way. If requested by StockPhotoSharing, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
c. in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
d. print a copy of the photo for your own use in any size, but you may not resell it, or redistribute it to others in any way. Acceptable uses include but are not limited to consumer merchandise, website designs, business cards, other designs, website and powerpoint templates, book and album covers, product packaging, advertisements, newsletters, flyers, brochures, set designs, scholastic and promotional materials, films or videos, demonstrations, presentations, trade show signage and other uses where the image is not a definitive main part of your product. Using the photo as part of your product is generally OK. Using the image or re-printing the image in a way that it really IS the main part of your product or is a main definitive part of your product is generally not OK. Purchasing an image buys you a license to use the image in one product/project. If you are creating several products/projects you must re-purchase photo for each new product:
Example 1: You write a newsletter and use a StockPhotoSharing photographer in it and you distribute 10,000 copies. If you decide to use the photo again for a different newsletter or different purpose, you must re-purchase it. Example 2: You create a website template and sell it on your site to any number of people, using a StockPhotoSharing image in it. If you decide to use the image again for a different template, you must re-purchase it for each new template/product you design. You can sell as many copies of the template or product as you like, but each new separate product you design and sell requires the photo to be purchased again, since the license you are buying is for use of the image file within one product. Permitted Uses advertisements presentations book covers set designs trade show signage film or video product packaging business cards promotional cards, mailers scholastic materials newsletter, brochure invitations flyers webpage designs web templates PowerPoint templates | If your image usage needs to fall outside of the scope of what is permitted here, you may be able to purchase and use the image with an Exclusive License..
Non-Permitted Uses for-sale products where the product is mainly the image from Stock Photo Sharing posters art prints paintings postcards calendars t-shirts mugs, hats mouse pads online galleries screensavers e-cards greeting cards |
6. Discontinuance:
StockPhotoSharing reserves the right to elect at a later date to replace the Image File(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Image File(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Image File(s). You agree not to use the replaced Image File(s) for future products and to take all reasonable steps to discontinue use of the replaced Image File(s) in products that already exist.
7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a StockPhotoSharing Exclusive Licensing agreement.
8. Assumption of risk.
You expressly agree that use of all images, files, or software distributed by StockPhotoSharing is at your sole risk. StockPhotoSharing does not warrant or guarantee that files or images on the Website are free from copyright or other intellectual property concerns.
9. Disclaimers.
All images, files, and software distributed by StockPhotoSharing are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. and StockPhotoSharing assumes no responsibility for any actions or liabilities arising from their possession or use. StockPhotoSharing disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall StockPhotoSharing or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if StockPhotoSharing is expressly advised of the possibility of such damages. In no event shall StockPhotoSharing’s liability exceed the fees paid for the use of the files. No oral advice or written information given by StockPhotoSharing, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
10. Assignment
You may not assign its right and obligations under this agreement without obtaining the prior written consent of StockPhotoSharing. StockPhotoSharing may assign this agreement.
11. Severability
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
12. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the UK pursuant to the rules of UK Law in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the UK, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the UK. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
13. Legal Fees and Jursdiction
If StockPhotoSharing is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse StockPhotoSharing for its legal fees, costs and disbursements if StockPhotoSharing is successful. You agree that the Courts of the UK are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
14. Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF STOCKPHOTOSHARING AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND STOCKPHOTOSHARING, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LUCKYOLIVER RELATING TO THE SUBJECT OF THIS AGREEMENT. StockPhotoSharing reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10. of StockPhotoSharing Terms of Sevice agreement. Your continued use of StockPhotoSharing following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.
You agree that by using this site or images, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you and StockPhotoSharing.com) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties. |
