TERMS AND CONDITIONS OF USE
Your Agreement with IMAGES.COM, ("IMAGES.COM").
Welcome to our website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND IMAGES.COM ("WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before licensing any photograph or image on this site.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by IMAGES.COM. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by IMAGES.COM, and or its licensors, and or content providers. All elements of IMAGES.COM websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with IMAGES.COM or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of IMAGES.COM or its licensors unless otherwise expressly agreed. You shall indemnify IMAGES.COM, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights. "IMAGES.COM", the IMAGES.COM logo, "Stock Illustration Source", "Graphistock," and “Spots” are trademarks of IMAGES.COM and may be registered in some countries.
IMAGE LICENSING
IMAGES.COM grants you a non-transferable, non-exclusive license to review, store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients. No commercial or other reproduction rights are granted herein any additional usage must be secured via a written or e-license. Additionally you may not commission the reproduction of any of the images without written license from Images.com and the associated fee to compensate the original artist.
Rates and rights must be negotiated before use, other than those uses described above. All rights not expressly granted in writing remain the exclusive property of the artist. As a condition of the license IMAGES.COM requests the following credit notice "©artist's Name/IMAGES.COM " appear adjacent to the Images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from IMAGES.COM; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with IMAGES.COM in any manner; Use an Image in a manner that implies endorsement of a product or service; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
CANCELLATION POLICY
Orders canceled within 7 days are eligible to receive 100% cancellation or credit; orders canceled with in 30 days are subject to a 50% cancellation fee. No cancellations will be accepted after 30 days from the invoice date.
MODEL RELEASES
No model releases or other releases exist on any Images unless a network artist specifies the existence of such release in writing to you. You shall indemnify IMAGES.COM against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by a network artist. In any event, the limit of liability of IMAGES.COM shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold IMAGES.COM harmless from all claims for the use of the Images, including defamatory use. IMAGES.COM gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.
If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
