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TERMS AND CONDITIONS
OF USE AND LICENSING AGREEMENTS
DIGISTOCK STOCK LLC
WEBSITE
THESE TERMS AND CONDITIONS
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE ROYALTY FREE
COLLECTION, LAS VEGAS STOCK AND FOOD IMAGE SOURCE (hereafter
DIGISTOCK).
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by Digistock, LLC. 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 relating to intellectual property.
DEFINITIONS
In the terms and conditions of our contract the following
definitions apply: "Image" includes photograph, picture,
image on computer, disc or transmitted electronically in digital
form or any other item Digistock may license to You for the purpose
of reproduction. "Comping Image" is a low-resolution file
used to make a presentation. "Reproduction" includes any
form of copying or publication of the whole or part of any Image
whether by printing, projection, by electronic, digital or
mechanical means. "You" is a person, representative or
agency, employee of agency or end user or any other person that is
responsible for negotiating usage and terms and conditions.
"Invoice" is a document issued by Digistock that contains
the reproduction rights of the purchased Image. "Rights
Managed" means reproduction rights are licensed according to
specific use of the Image for a specific period of time.
"Royalty Free" means you pay once for an Image that can be
used for multiple projects over an unlimited time period.
USE OF IMAGES
Comping Image Grant of License (rights-managed and royalty free)
There are low-resolution Comping Images available on this site to
aid in your selection. You can use Comping Images to take a closer
look or for presentation to your client for PERSONAL, NON-COMMERCIAL
use and for TEST or SAMPLE use. Comping Images may not be used for
any marketing or advertising materials. Comping Images are not
licensed for use in any final project. If you are unsure of your
usage rights contact Digistock.
Royalty Free Grant of
License
Upon receipt of payment You are granted a non-exclusive, non-sublicensable,
non-transferable right to reproduce, transmit and display the Image
an unlimited number of times in any and all media for the following
purposes: Advertising and promotional materials, web page design,
broadcast and theatrical productions. The Image may be used by no
more than ten employees and the Image may not become posted online
in a downloadable format. The terms and conditions and rights
granted by Invoice shall be made a part of this agreement.
Rights Managed Grant of
License
Reproduction rights are strictly limited to the use, medium, period
of time, print run, placement, size of image and territory specified
on Invoice. Upon receipt of payment You are granted a non-exclusive,
non-sublicensable, non-transferable and non-assignable right to use
the Image identified in the Invoice to the extent explicitly stated
herein. The Invoice shall be made a part of this agreement and shall
be incorporated by reference herein, and together with this
agreement shall constitute the entire agreement between Digistock
and You. Use of an Image in a manner not specifically authorized by
Invoice constitutes an infringement and will subject you to
infringement damages. Exclusive reproduction rights are not granted
unless otherwise stated in writing.
UNAUTHORIZED USE
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 outright 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 a 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 shall seek all damages and remedies
available, including attorney's fees and all associated costs.
RESTRICTIONS AS TO USE
Any Image may not be used in a manner that is defamatory,
pornographic, obscene, un-flattering or libelous whether directly or
in context of juxtaposition with specific subject matter. Depiction
of the model may not be used to endorse a product. Image may not be
incorporated into a logo, trademark or service mark. You may not
sublicense, sell, assign, republish or otherwise distribute Image.
COPYRIGHT ISSUES
Copyright shall remain with Digistock and Photographer. Any image
reproduced for editorial use must contain the credit line Las Vegas
Stock/Photographer's Name (for images licensed from Las Vegas Stock
or Food Image Source/Photographer's Name (for images licensed from
Food Image Source) or Digistock/Photographer's Name (for images
licensed from The Royalty Free Collection.
MODEL AND PROPERTY
RELEASES
No valid model release or other valid releases exist for any Image
unless the existence of such release is specified by Digistock in
writing. A copy of any existing model release will be provided to
you upon request. The delivery of such a release will not constitute
Digistock's warranty of the validity of such release. You shall
indemnify Digistock and hold Digistock harmless against all claims
by a third party arising out of your use of any Image where the
validity and existence of such release has not been expressly
specified in writing by Digistock.
INDEMNITY
You agree to indemnify and hold Digistock and Photographer, 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.
ALL SALES ARE FINAL
DELIVERY OF DIGITAL FILES
Digital files are provided "AS IS". Digistock makes no
representation or warranty, either express or implied, included but
not limited to any implied warranties of merchantability, fitness
for any particular purpose, non-infringement, quality of image, or
compatibility with any computer hardware or operation system.
LIMIT OF LIABILITY
Under no circumstances will Digistock 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. Digistock identified the
caption for each Image to the best of its ability, but cannot be
held responsible for erroneous or incomplete caption information. In
any event, and under all circumstances, the limit of liability of
the copyright owner of the Image and Digistock shall be the sum paid
to Digistock per the Invoice for the use of the Image involved.
NO WARRANTY
Digistock 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 picture, and the user must satisfy
itself that all necessary rights, consents or permission as may be
required for reproduction are secured. You may have some additional
rights under some state laws.
DISPUTES OR CLAIMS
Any and all disputes, with 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 Las Vegas Nevada,
pursuant to the rules of the American Arbitration Association.
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 Nevada. If you are an agent for or an
employee of a non-U.S. company but operates a place of business in
the United States or its territories, you expressly agree 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. If Digistock is
caused to present claims or suit as a result of any breach of the
above terms, it shall be made whole for such reasonable legal fees
or costs by you
MISCELLANEOUS
This agreement is not assignable or transferable. This contract,
along with the Invoice, contains all the terms of the agreement
between Digistock and you. These terms and the terms of any
subsequent Invoice supersede any and all terms granted and the type
of usage allowed. Payment of the Invoice is to be net 30 days. A
service charge of 2% per month on any unpaid balance with be charged
thereafter.
Call 1-800-251-4544 or email
stock@digistock.com with
any questions.
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