Purchase Agreement
Any image purchased from StockPhoto.com Pty Ltd. (“StockPhoto.com”) or through any of StockPhoto.com’s websites, is sold/licensed pursuant to the following terms and conditions. By purchasing the image, you will acquire a license to the image as set forth herein, and you agree to abide by the terms of this Agreement. The following is a legal and binding agreement between StockPhoto.com and the Licensee.
Definitions of Terms
Licensee
The Licensee is the specific person or organization whose details are recorded on the StockPhoto.com account from which the image is purchased/licensed. An invoice will be generated to such person or organization when an image is purchased/licensed pursuant to this Agreement.
Royalty Free (RF)
Images are sold/licensed for a one-time fee. The Licensee’s use is limited by the size of the file purchased/licensed from StockPhoto.com and by the license terms set forth in this Agreement. All images are sold/licensed on a non-exclusive basis for an indefinite period of time.
All Files on the Site may be downloaded under the Standard and/or Extended license. Follow these rules to choose the appropriate license:
a. If the File is used to create an item NEITHER for Resale NOR for Free Distribution, the Standard License is always appropriate.
b. If the File is used to create an item for Resale or for Free Distribution:
i. if the File plays a minor role in the item, the Standard License is appropriate;
ii. if the File plays a major role in the item, the Extended License is appropriate.
Item for Resale: An item that will be distributed to raise commercial revenue (e.g., resale of web templates, T-shirts, books, calendars, etc.). An item created at the request of a client is not considered an Item for Resale. However, if a client distributes or intends to distribute such an item to raise commercial revenue, it is considered an Item for Resale. While working on a project for a client, take into account the final use of the item before downloading a File to determine the appropriate license to purchase.
Item for Free Distribution: An item that will be distributed to a wide audience without raising any commercial revenue (e.g., free web templates, postcards, flyers, etc.).
The role a File plays in an item is determined by the value the File adds to the item and how much the File influences a customer’s decision to choose this particular item among similar items.
a. A major role: A File is considered to play a major role in an item if the File is a primary, defining, or important part of the item, increases the intrinsic value of the item, or influences a customer’s preference for this particular item.
b. A minor role: A File is considered to play a minor role in an item if the File is an incidental part of the item, does not add significant value to the item and does not influence a customer’s preference for this item.
StockPhoto.com may allow the downloading of watermarked images from our website(s) for evaluation purposes without payment of a purchase fee to StockPhoto.com. All such non-purchased/licensed images on the website will bear a watermark, and Licensee shall not remove any watermark or copyright, trademark or other intellectual property or proprietary notice or legend contained on images.
Use and Terms
THE STANDARD LICENSE
1. The Standard license allows you to use the downloaded File for the creation of all kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it).
2. Terms:
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The quantity of website visitors |
Unlimited |
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The quantity of copies or impressions |
Up to 500,000 |
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The quantity of copies or displays for electronic use |
Up to 500,000 |
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The maximum allowed size (resolution) of the unmodified File for electronic use |
Unlimited |
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Creation of all kinds of items
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Allowed |
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Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item |
Allowed |
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Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it |
Prohibited |
Examples of permitted use:
a. Digital use: sites; advertising banners; screen savers; wallpapers; software (for PC and mobile devices); e-cards; e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; personal use; etc.
b. Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; personal non-commercial use; etc.
c. Printed and digital use intended for broadcast, public display or reproduction: the total number of viewers, displays, copies or prints should not exceed 500,000 (five hundred thousand). This limitation on the number of visitors does not apply in the case of website creation.
THE EXTENDED LICENSE
1. The Extended license includes all permitted uses under the Standard license, does not have any limits on the number of copies, prints or displays and allows you to use the downloaded File for the creation of Items for Resale or Items for Free Distribution in which the File plays a major role in the item and adds value to it.
2. Terms:
|
The quantity of website visitors |
Unlimited |
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The quantity of copies or impressions |
Unlimited |
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The quantity of copies or displays for electronic use |
Unlimited |
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The maximum allowed size (resolution) of the unmodified File for electronic use |
Unlimited |
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Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item |
Allowed |
|
Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it |
Allowed |
Examples of permitted use:
a. Digital use: sites; website templates; advertising banners; screen savers; wallpapers; software (for PC and mobile devices); e-cards; e-mails; e-books; presentations, presentation templates (PowerPoint, Flash, etc.); document templates; any other templates; movies, videos and TV advertising; unofficial logos; items for resale and free distribution; personal non-commercial and commercial use; etc.
b. Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; books consisting wholly or largely of illustrations; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; items for resale or distribution; personal non-commercial and commercial use; etc.
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ITEM |
STANDARD LICENSE |
EXTENDED LICENSE |
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ITEMS FOR PRINT |
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Outdoor advertising (banner, panel, billboard, light box, etc.) |
Allowed |
Not required |
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Indoor advertising (POS materials, advertising or information leaflet, flyer, wobbler, stopper, giveaway, window dressing, etc.) |
Allowed |
Not required |
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Advertising in a newspaper or magazine |
Allowed |
Not required |
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Product packaging (pizza box, TV set packaging, etc.) |
Allowed |
Not required |
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Gift wrapping (except for resale or distribution) |
Allowed |
Not required |
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Gift wrapping for resale or distribution |
Prohibited |
Allowed |
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Label (on a bottle of drink, cream jar, shampoo, etc.) |
Allowed |
Not required |
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Product wrapping (for candies, chewing gum, etc.) |
Allowed |
Not required |
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Cover or illustration of a book, magazine or newspaper |
Allowed |
Not required |
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Book, magazine or any other printed media for resale or distribution, which consists of illustrations for over 50% of the volume |
Prohibited |
Allowed |
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CD/DVD cover or print (incl. for resale or distribution) |
Allowed |
Not required |
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Business card |
Allowed |
Not required |
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Poster or postcard (except for resale or distribution) |
Allowed |
Not required |
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Poster or postcard for resale or distribution |
Prohibited |
Allowed |
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Calendar (except for resale or distribution) |
Allowed |
Not required |
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Calendar for resale or distribution |
Prohibited |
Allowed |
|
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Folder (except for resale or distribution) |
Allowed |
Not required |
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Folder for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
|
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Notebook or diary (except for resale or distribution) |
Allowed |
Not required |
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Notebook or diary for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Sticker (except for resale or distribution) |
Allowed |
Not required |
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Sticker for resale or distribution |
Prohibited |
Allowed |
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Pen or pencil (except for resale or distribution) |
Allowed |
Not required |
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Pen or pencil for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Other stationery (except for resale or distribution) |
Allowed |
Not required |
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Other stationery for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Interior design (except for resale or distribution) |
Allowed |
Not required |
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Interior design for resale or distribution |
Prohibited |
Allowed |
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Artwork or masterpiece of art (except for resale or distribution) |
Allowed |
Not required |
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Artwork or masterpiece of art for resale or distribution |
Prohibited |
Allowed |
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T-shirt or some other item of clothing (except for resale or distribution) |
Allowed |
Not required |
|
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T-shirt or some other item of clothing for resale or distribution |
Prohibited |
Allowed |
|
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Board game or entertainment product (except for resale or distribution) |
Allowed |
Not required |
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Board game or entertainment product for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Cup, mug or glass (except for resale or distribution) |
Allowed |
Not required |
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Cup, mug or glass for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Mouse pad (except for resale or distribution) |
Allowed |
Not required |
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Mouse pad for resale or distribution |
Prohibited |
Allowed |
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Playing cards (except for resale or distribution) |
Allowed |
Not required |
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Playing cards for resale or distribution |
Prohibited |
Allowed |
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Keychain (except for resale or distribution) |
Allowed |
Not required |
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Keychain for resale or distribution |
Prohibited |
Allowed |
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ITEMS FOR WEB OR DIGITAL USE |
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Television, video or online advertising |
Allowed |
Not required |
|
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Publication on website or blog (in articles or news for illustrative purposes only) |
Allowed |
Not required |
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Online advertising banner (except for resale or distribution of banner templates) |
Allowed |
Not required |
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Banner template for online advertising for resale or distribution |
Prohibited |
Allowed |
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Website or webpage design (except for resale or distribution of website templates) |
Allowed |
Not required |
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Website design for resale or distribution |
Prohibited |
Allowed |
|
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Desktop wallpaper (except for resale or distribution) |
Allowed |
Not required |
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Desktop wallpaper for resale or distribution |
Prohibited |
Allowed |
|
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Screensaver (except for resale or distribution) |
Allowed |
Not required |
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Screensaver for resale or distribution |
Prohibited |
Allowed |
|
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Software for a PC or mobile device (except for resale or distribution) |
Allowed |
Not required |
|
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Software for a PC or mobile device for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
|
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E-card or e-mail (except for resale, distribution or bulk mailing) |
Allowed |
Not required |
|
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E-card or e-mail (or template) for resale, distribution or bulk mailing |
Prohibited |
Allowed |
|
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E-book (except for resale or distribution) |
Allowed |
Not required |
|
|
E-book for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
|
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PowerPoint, Flash and other presentations (except for resale or distribution) |
Allowed |
Not required |
|
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PowerPoint, Flash and other presentation template for resale or distribution |
Prohibited |
Allowed |
|
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Film or video clip (except for resale or distribution) |
Allowed |
Not required |
|
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Film or video clip for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Any other digital design (except for resale or distribution) |
Allowed |
Not required |
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Any other digital design for resale or distribution |
Allowed (only if file plays minor role) |
Allowed |
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Any other template for resale or distribution |
Prohibited |
Allowed |
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Logo or emblem that will NOT be officially registered as a trademark or service mark |
Allowed |
Not required |
|
|
Logo or emblem that will be officially registered as a trademark or service mark |
Prohibited |
Prohibited |
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Royalty Free Images (RF) License
Upon StockPhoto.com’s receipt of payment in full for an image license, StockPhoto.com grants to Licensee a limited, personal, non-exclusive, perpetual, non-assignable license to make, use, reproduce, copy, modify, perform, and display the image as it exists on the date of full payment to StockPhoto.com. Licensee acknowledges that nothing in this Agreement provides Licensee with any other rights in the image, except as stated herein, or any derivative works not developed by Licensee.
Licensee may alter or manipulate a licensed image for the purpose of color matching or concept reasons. Licensee shall not increase the file size of smaller purchased/licensed images with digital interpolation as this will result in significant quality loss and is therefore strictly prohibited. Larger images are available for purchase/license.
No images licensed from StockPhoto.com may be further distributed by Licensee to third-parties other than as part of final works prepared by Licensee as permitted by this Agreement.
Comp Use License Agreement
Watermarked Images may be used directly off the StockPhoto.com websites for comp purposes only if the existing watermark is maintained. When comp use is granted it is understood that the Licensee will not use the image for any other purpose than specific comp use.
Assignability
Licensee shall not assign this Agreement, or the rights granted hereunder, for any purpose or at any time. Any such attempted assignment, whether by operation of law or otherwise, shall be void. Licensee indemnifies and agrees to hold StockPhoto.com harmless from any and all damages or losses, including indirect, incidental, special, statutory, punitive, exemplary or consequential damages, arising in connection with any violation this provision. It is understood that an “agent” or “agency” may purchase/license an image for use by a specific client. Any such purchased/licensed image may only be used for one specific client of the agent or agency, the license rights granted herein shall only extend to such one specific client of the agent or agency, and the license rights granted herein are not transferable to another client of the agent or agency. Images purchased/licensed from StockPhoto.com may not be resold without the prior express written consent of StockPhoto.com.
Copyright
All images in the StockPhoto.com archive are protected by copyright laws and international copyright treaties and such copyrights are held by the respective copyright holders for the images. No transfer of copyright will take place through the purchase of a license from StockPhoto.com, and no transfer of copyright shall accrue through the manipulation or retouching of an image for which a license has been purchased from StockPhoto.com. Any image, or portion thereof, licensed from StockPhoto.com will remain as the copyrighted image of the copyright holder and may not be distributed, used, licensed or sold to any third party, other than as set forth herein.
Unauthorized Use
There are limits to the use of licensed images, even with regard to images subject to the Royalty Free License. The rights and licenses granted in this Agreement expressly exclude the following:
- Use without proper payment in full;
- Use of images as or within a company logo, trade name, trademark or service mark;
- Unlawful use or use in furtherance of unlawful matters; or
- Use in association with unauthorized use of existing trademarks, logos, artwork or other copyrighted material.
- Installation and use of images in more than one location at a time or posting a copy of the images on a network server or web server for use by other users.
Images may not be used for sensitive material without the express prior written consent of StockPhoto.com and the licenses granted herein expressly exclude use of images for sensitive material. Sensitive material includes, but is not limited to:
- Pornographic material;
- Use of the image in a manner that may depict the model or image in a negative light;
- AIDS, cancer, bladder, or intestinal diseases or other chronic ailments;
- Mental deficiencies, alcohol, drug or substance abuse;
- Gay, lesbian, or transgender related material; and
- Financial destitution, income loss or death.
If you have a sensitive use topic or believe you may have such a proposed use of an image, we encourage you to contact us directly in writing to request a separate use agreement.
Image/File Storage
Licensee may store a licensed image on a single storage device such as a hard drive or CD, plus one other backup copy only. Licensee must take all appropriate precautions to prevent unauthorized use or distribution of any images licensed from StockPhoto.com.
Model / Property Releases
StockPhoto.com endeavors to obtain model and property releases when possible. However, the use by Licensee of images with models or property images may require further authorization from the subject of the image, if a person, or the owner of the subject of the image, if a property. StockPhoto.com does not guarantee or grant any rights or authorizations on behalf people, places, artwork, property and/or other subject matter in images, which may now or at a future date, be subject to additional rights owned by the subjects of the images and/or third parties.
Intellectual Property Ownership / Disclaimer
StockPhoto.com makes no representations or warranties as to the ownership of logos, trademarks, property rights, or other proprietary rights appearing in, or embodied by, a StockPhoto.com image. See the details on the display image or please call us directly.
THE LICENSED IMAGES ARE PROVIDED AS IS, WITHOUT ANY WARRANTY WHATSOEVER. STOCKPHOTO.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. STOCKPHOTO.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT, EVEN IF STOCKPHOTO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Term
StockPhoto.com may terminate this Agreement at any time by giving notice to Licensee: (i) if Licensee breaches its payment obligations to StockPhoto.com; (ii) if Licensee breaches the restrictions set forth herein on use of a licensed image; or (iii) if Licensee files a petition in bankruptcy, is adjudicated bankrupt, makes a general assignment for the benefit of its creditors, or is voluntarily or involuntarily dissolved.
Indemnification
By accepting this contract, Licensee agrees to indemnify and hold harmless, StockPhoto.com and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) improper use of an image, (ii) Licensee’s breach of any provision of this Agreement, or (iii) the misconduct of the Licensee or its client(s). Licensee
will cooperate as fully as reasonably required in StockPhoto.com’s defense of any claim. StockPhoto.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Licensee, and Licensee shall not in any event settle any matter without StockPhoto.com’s written consent.
Miscellaneous
This Agreement, together with the Terms of Use, set forth the entire agreement and understanding between the parties with respect to the subject matter hereof. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a written modification signed by a duly authorized officer or agent of the party to be bound thereby.
In the event that one or more portions of this Agreement shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect. The headings used throughout this Agreement are solely for convenience of reference and are not to be used as an aid in the interpretation of the Agreement. Nothing in this Agreement shall prevent StockPhoto.com from complying with the law.
Site Usage, Site information and Services; Intellectual Property Rights
You are hereby granted a limited royalty-free personal license to view the content on the Site on your personal computer or other internet-compatible device. Unless otherwise provided through any other applicable terms and conditions to which you agree, including the Terms of Use, for image licenses, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without StockPhoto.com’s express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.
The Site and Services are expressly owned and operated by StockPhoto.com. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by StockPhoto.com or its affiliates, if any, or are licensed by StockPhoto.com from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. Site usage of third-party trademarks does not imply endorsement of the Site by any such third-party mark owners. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits StockPhoto.com or our licensors, that dilutes the strength of StockPhoto.com’s intellectual property or our licensor's intellectual property, or that otherwise infringes on StockPhoto.com’s or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these Terms or the Terms of Use for image licenses.