StockphotoPro - Stock Photography - Search 3.1 Million Stock Photos, Royalty Free Images, and Illustrations

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Disclaimer	Terms of Use NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STOCK PHOTOPRO, (hereafter "COMPANY"). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. COMPANY reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. OWNERSHIP OF THIS WEBSITE This website is owned and operated by COMPANY. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. PERMITTED USAGE Watermarked Comp Use: COMPANY grants you a personal, nontransferable, nonexclusive license to copy the Images with watermarks you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). You may not delete the watermark for comp use. The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to COMPANY. You must contact COMPANY to obtain a license for additional use. Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. See the Terms and Condition for the image license agreement. Company represents that it has the right to grant the license herein. Regular fees have to be paid for unwatermarked Comp Use. OPTIONAL Extended License : COMPANY grants you the non-exclusive right to use the Images according to the rights selected and indicated in an Extended License Agreement. Please contact support@stockphotopro.com for an Extended License. RESTRICTIONS AS TO USE The following uses are prohibited: Use of the Image beyond the terms of the limited license agreement without first obtaining an Extended License, including any electronic reproduction or promotional rights. Create any derivative use of an Image unless indicated on the invoice. Sublicense, re-license, rent or lease any of the Images. Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark. Archive, republish or transmit any images on any database or 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 COMPANY. Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose. Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with COMPANY in any manner. 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. CREDIT Images used editorially should bear a credit line as “Photographer Name/StockphotoPro”. TERMINATION: COMPANY reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fails to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. COMPANY reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. RETENTION OF DIGITAL FILES: Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. COMPANY's copyright information and Image identification number must be retained with the digital files while you retain them. PAYMENT TERMS Payment has to be made before the licensing of the images either by credit card or E-checks. CANCELLATION POLICY : Once a license is granted for an Image(s) after you pay the invoice amount, cancellation is NOT allowed under any circumstances. UPLOADING CONTENT AND RIGHTS FOR CONTRIBUTORS (This section is applicable for Members only interested in contributing images.) By uploading content such as image files, Contributor Member agrees to give COMPANY and all users irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works. COMPANY has the right to license any content up until the time Member removes the file from the Website. Once submitted to the Photo Approval Queue, Member may not remove photos from site until after they have been posted for 90 days, regardless of whether the Member chooses to terminate their account. Once content is uploaded to the Image Approval Queue, Member must allow COMPANY the opportunity to license uses for at least 90 days. COMPENSATION COMPANY will pay Contributor the fee specified on the Website or by separate schedule for each download of an image file by a user. COPYRIGHT The copyright of all content uploaded by Contributor is retained by Contributor. Contributor may not upload content to which Contributor does not own the copyrights. CONTRIBUTOR WARRANTIES AND RESPONSIBILITIES (a) Registration . Contributor warrants that he or she has provided COMPANY with accurate, complete, and updated registration information while registering and agrees to correct and update that information to ensure its accuracy and completeness at all times. (b) Account Responsibility. All Contributors who register online for COMPANY will receive a password and a master account ("Master Account"). Contributor is entirely responsible for any and all activities conducted through his or her Master Account and any Contributor-names associated with that Master Account. Contributor may permit another individual to use the Master Account subject to Contributor's supervision and assumption of all resulting liabilities. Contributor agrees to notify COMPANY immediately of any unauthorized use of Contributor's password or accounts as well as of any other breach of security. (c) Contributor Names . Upon your registration as a Contributor of COMPANY, you may be asked to choose a Contributor name to identify yourself to other Contributors and COMPANY staff. You may not select or use a Contributor name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which COMPANY deems in its discretion to be vulgar or otherwise offensive. COMPANY reserves the right to delete any vulgar or otherwise offensive Contributor name, or to require deletion thereof. (d) Former Contributors . Contributors whose accounts have been terminated by COMPANY may not access COMPANY in any manner or for any reason without the express written permission of COMPANY. Active Contributors may not knowingly allow former Contributors who have been terminated to use the active Contributors' accounts. (e) By uploading content such as photograph image files, Contributor warrants that he or she is the owner of the copyright thereto. (f) By uploading content, Contributor warrants that the content does not depict subject matter in a manner that violates any laws. (g) By uploading content, Contributor warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity. (f) By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Contributor warrants that the information is complete and accurate. LINKS TO THIRD PARTY SITES The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents. INDEMNITY You agree to indemnify and hold COMPANY, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement. GENERAL DISCLAIMERS COMPANY GIVES NO RIGHTS 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 THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY COMPANY. DIGITAL FILES ARE PROVIDED "AS IS." COMPANY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL COMPANY OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND COMPANY SHALL BE THE FEE PAID FOR THE IMAGE TO COMPANY. UNAUTHORIZED USE/RETROACTIVE LICENSE FEE: Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs. MISCELLANEOUS JURISDICTION Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in San Mateo, California, pursuant to the rules of the Arbitration Act (California) in effect at the time arbitration is demanded. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of California. If COMPANY is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User. This agreement is not assignable or transferable on the part of User. In the event that any Images are used by User in publications, User shall provide COMPANY with two (2) free copies of such publication immediately upon printing. This contract contains all the terms of the agreement between us (COMPANY and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice may contain additional terms relating to the rights granted and the type of usage allowed. I agree to the above Terms and Conditions