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| Conditions of Use |
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| Welcome to the istockpics.com 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 (You or Your) AND istockpics.com.com. (ISP, WE or OUR).
PLEASE READ THIS AGREEMENT (AGREEMENT) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
You may browse the istockpics.com site to determine if you want to access and acquire content that is displayed and hosted at the site. Such content may include photographs, images, and other digital media.
In order to access and acquire content through the istockpics.com site, You must become a member. As a member, you will have a username and a password. By supplying a username and password, you agree to the terms of membership. Your username and password are for your personal use only. To share or distribute a username and password will result in having that membership terminated immediately.
As a member, You are allowed to access and acquire content if you agree to both (i) the terms and conditions as specified by the image owner for each piece of copyrighted artwork you wish to acquire or access, and (ii) the istockpics.com terms and conditions, which allow You to access and acquire the image owners content via the istockpics.com site. Terms and conditions will vary from image to image, so it is important that You read and understand each agreement prior to accepting it. We suggest you print a copy of each agreement for which You indicate acceptance.
Unless you have agreed to the image owners terms and conditions and to istockpics.com sites terms, you may not acquire, by download or any other means, any content hosted at the Istockpics.com web site.
YOUR AGREEMENT TO DEAL ELECTRONICLLY;
This Agreement is conducted electronically and You agree that ISP may deal with You electronically for this transaction; this includes sending You electronic notices and other disclosures, which are deemed received by You when sent from ISP to any email address that You provide to ISP. If You do not wish to deal electronically with ISP, do not use this Site.
PRIVACY;
The information we collect is used to improve the content of our website, customize the content and/or layout of our web pages, notify consumers about updates to our website, or contact consumers for marketing purposes. We will not share your email address with other organizations for commercial purposes without your consent.
ACCESS TO SITE;
Subject to applicable law, ISP reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the Site with or without notice. You may contact ISP, if You would like to inquire about a license for any Content available on the Site. The Content on this Site may be protected by copyright under both Canadian and foreign laws.
SUBMISSIONS TO THE SITE;
Any comments or information that You provide to the Site, for example feedback about Content, suggestions, ideas, concepts, or other information (collectively Feedback), is not deemed confidential and ISP is free to reproduce, use, disclose, and distribute Feedback to others, without any limitation. You agree that ISP is free to use Feedback for any purpose whatsoever, including without limitation, developing and marketing services incorporating Feedback without any obligation or payment to You.
YOUR REPRESENTATIONS & WARRANTIES;
You represent and warrant that You will not use this Site for any purpose that is unlawful or prohibited by this Agreement.
CHANGES TO THIS AGREEMENT;
This Site is like a store every time a customer enters a store the customer is bound by the rules in effect on the date of the customers visit. Similarly, at this Site, You are bound by the version of this Agreement that is in effect on the date of Your visit or order. The terms of this Agreement may change from time to time so please review it each time You visit the Site.
Law and Forum; Attorney Fees;
This Agreement is governed by the laws of the Province of British Columbia, Canada . Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. ISPs performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and You agree that we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. In any dispute between ISP and You relating to this Site, the prevailing party will be entitled to attorneys fees, costs, and expenses.
Disclaimer and Statements of Limits of Liability;
The istockpics.com Site is made available to You AS IS, AS AVAILABLE and WITH ALL FAULTS. ISP and the istockpics.com Site provide no warranties and disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or that Your usage of the istockpics.com Site will be uninterrupted or free of computer viruses or other damaging materials. When You access and acquire Content, You do so at Your risk. ISP and the istockpics.com Site also disclaim any and all common-law duties, including without limitation, duties of reasonable care and workmanlike effort.
In no event will ISP or any of its affiliates, officers, directors, employees, licensors, suppliers, or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use, or inability to use, the Content, even if ISP has been advised of the possibility of such damages. In no event will the liability of ISP or any of its affiliates, officers, directors, employees, licensors, suppliers, or distributors exceed the amount paid by You for accessing or using the istockpics.com Site and for accessing, acquiring and/or using Content from the istockpics.com Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
ENTIRE AGREEMENT;
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement constitutes the entire agreement between You and ISP in connection with its subject matter. You will enter into a separate agreement when You upload Content to the Site -- and that agreement will govern the upload and use of that Content on this Site.
AVAILABILITY;
This Site and its Content may not be available in Your country. Nothing in this Agreement is intended to represent or imply that ISP intends to make this Site and its Content available in Your country.
Links To Third-Party Sites
ISP provides links to third-party sites as a convenience to You. ISP does not control third party sites or links to third party sites. ISP is not responsible for the content of any linked sites. Links to third party sites are not endorsements by ISP of such sites.
CONDITIONS of use of IMAGES for FULL COMMERCIAL USE;
This Agreement is between the owner of the content (Artist) and the customer (You, or Your).
The Content (Content) comprises digital images, and photographic content that are hosted at the istockpics.com Site. Artist has agreed to be bound by the terms and conditions of this Agreement and by purchasing this image, You acknowledge that You have read, understood and accepted the terms and conditions of this Agreement. Artist represents that it owns all rights, including all copyrights, in and to the Content, or is authorized to allow You to access, acquire and use Content under the terms and conditions of this Agreement. You agree to pay the istockpics.com Site the Artist`s fee displayed on this purchase form.
Artist agrees to allow You to access and acquire the Content via the istockpics.com Site and use the acquired Content in accordance with this Agreement, and You agree to access, acquire and use the Content under the following terms and conditions:
1. You agree to use the Content in accordance with the istockpics.com Site Terms of Use.
2. You may, subject to the terms and conditions of this Agreement, access and acquire the Content via the istockpics.com Site, and use the acquired Content for commercial purposes. You are permitted to use the content:
(a) as a major or minor design element on an e-commerce Web site, video game or CD-ROM.
(b) as part of marketing, advertising or promotional materials, including print ads, mailers, handouts and packaging.
(c) in connection with your business or entity, e.g., in logos, corporate identity documents and letterhead.
(d) in magazines and newspapers, and on book covers.
(e) as decor in an office, lobby or public area, restaurant, or retail store.
3. You may not distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 2. You may not authorize any third party to use the Content for any commercial purpose.
4. You may not alter, modify or distort any copyright or Artist attribution information, including without limitation any copyright notice or Artist identification embedded in or provided with the Content.
5. Subsequent to Your initial acquisition of Content from the istockpics.com Site, You may continue to access and acquire Content from the istockpics.com Site for a period of five (5) days. After 5 days, your access to the Content is at the discretion of the istockpics.com Site.
6. You understand and acknowledge that:
(a) neither Artist nor the istockpics.com Site nor anyone acting on behalf of the istockpics.com Site has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, and
(b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services.
7. You understand that copyright in the Content may be owned by the Artist and/or a licensor, and any unauthorized use of Content by you may be an infringement of such copyright. Artist and the istockpics.com Site make no representation or warranty as to your right to use any individual`s name, likeness and/or image appearing in the Content without first obtaining appropriate rights from such individual.
8. You represent and warrant that:
(a) You are at least 18 years of age and have the right to enter into this Agreement;
(b) You will not use the Content in any way that is not permitted by this Agreement;
(c) Your use of the Content will not violate any applicable law or regulation of any country, state or other governmental entity;
(d) The information you provide the istockpics.com Sites is accurate and true, including without limitation all credit card information.
8. You agree to defend, indemnify and hold Artist, those associated with the istockpics.com Site, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages or expenses, including attorneys` fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
9. This Agreement constitutes the entire agreement between You and Artist regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties` intentions. Failure by Artist to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
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