 |
Rights Managed
Royalty Free
|
help
|
| General Information. |
| Unless otherwise indicated, all rights managed licenses are one-time, non-exclusive and for one year. All royalty free licenses are granted in perpetuity and subject to terms stated in section 17. |
| |
INDEX STOCK IMAGERY LICENSING TERMS AND CONDITIONS
This document together with any Invoice (as defined) provided now or
hereafter (collectively,
the "Agreement") govern your rights and obligations concerning delivered
Image(s).
1. Definitions. "You" means the Client. "INDEX" means Index Stock
Imagery, Inc. "Image" means any image and associated material provided by
INDEX. "Digital Image" means any Image provided in digital format except for
a Royalty-Free Image. "Film-based Image" means any positive or negative
transparency, slide or print. "Royalty-Free Image" means any Image that
INDEX identifies in writing as royalty-free. "CD" means any CD-ROM
containing Royalty-Free Images. "Invoice" means a physical or electronic
invoice that grants usage rights for a stated fee to an Image identified by
Image Number.
2. Acceptance. You will be deemed to have accepted the entirety of
the Agreement upon your: a) using INDEX's online systems or websites; b)
receipt of an Image; c) using a CD; and/or
d) paying any fee.
3. Grant. Upon issuance of an Invoice, INDEX will grant you a
non-transferable license (a "License") strictly limited to the Invoice¹s
express terms and conditioned upon: a) your acceptance of
all the terms of the Agreement; b) your obtaining all necessary releases and
permissions; and c) your timely payment of all fees. No License shall be granted, and any
previously granted License terminated, upon your failure to agree to, or
your breach of, any terms of the Agreement. Usage terms for Royalty-Free
Images will additionally be governed by Paragraph 17. INDEX reserves all
rights not expressly granted.
4. Unlicensed Use. Without a License, Images are provided solely for
your review, and you may not tamper with or remove a Film-based Image from
its mount or sleeve (subject to a $250 fee). If you make, or if you
knowingly or negligently permit any third party to make, any unauthorized
use of an Image including a use that exceeds your License, you will be
liable for three times the market value of such use, plus reasonable legal
fees and costs. This paragraph shall not limit any other rights or remedies
of INDEX.
5. Restrictions on Use. Unless stated in writing, Images are licensed
with no rights protection
on a non-exclusive basis. Except for Royalty-Free Images, usage is strictly
limited to the restrictions specified on the Invoice. Except as permitted in
writing, you may not prepare derivative works or composite images; or
license, sublicense or transfer any right to any Image.
6. Payment. Payment is due or upon receipt of Invoice. Payments later
than 30 days from receipt are subject to late fees of the lesser of 2%
percent per month or the maximum legal rate.
7. Returns and Holding Fees. You must return each Film-based Image
within 30 days unless
otherwise agreed in writing. Immediately upon the termination of your
permitted use, you
shall provide INDEX with written confirmation of the destruction or erasure
of any Digital Image and, except for CD¹s, you shall return all other
physical media (subject to a $50 fee
per non-return). A holding fee $20 per week will be charged for each Image
not returned,
or destroyed or erased with written confirmation, as required.
8. Unreturned or Damaged Images. Images must be carefully maintained
and, except for Digital Images or CD¹s, returned at your expense. Upon
receipt of a Film-based Image by you
or your agent (including any delivery service engaged by you) and until its
return, you shall
be strictly liable as an insurer for its non-return or damage. In the event
of any such loss, you agree to reimburse INDEX the following fair and
reasonable values as liquidated damages: $2,000 for each original Film-based
Image; $200 for each duplicate Film-based Image; and $4,000 for each
original Film-based Image that has appeared in a catalog.
9. Ownership. The Images are the property of INDEX and/or its
suppliers. You shall not acquire any right, title or interest to any Image,
CD or portion thereof, except as expressly granted in writing.
10. Copyright Notice. Images published for editorial, educational or
non-promotional use shall include a copyright notice in the format provided.
If none is provided, INDEX will provide upon request. If you omit such
notice, you shall pay liquidated damages of triple the stated License fee.
11. Trademarks. Except as part of required copyright notices, you may
not use INDEX¹s trade
or service marks without written consent. You may not use any Image or
portion thereof as a trade or service mark.
12. Releases. No releases exist unless stated in writing or provided
by INDEX. NOTWITHSTANDING THE FOREGOING, INDEX DISCLAIMS ALL WARRANTIES
CONCERNING THE VALIDITY OF ALL RELEASES. IF INDEX ERRONEOUSLY ASSERTS THE
EXISTENCE, SCOPE OF OR VALIDITY OF A RELEASE, INDEX¹S LIABILITY IS LIMITED
TO THE USAGE FEE PAID FOR THE APPLICABLE IMAGE. You are solely responsible
for and shall obtain necessary releases concerning the subject matter of the
Images and the rights to any proprietary material depicted therein. INDEX
grants no rights until you obtain all necessary releases, and you will
provide proof thereof upon request.
13. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED IN WRITING, INDEX
DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES CONCERNING ANY IMAGE AND
CONCERNING INDEX¹S ONLINE SYSTEMS OR WEBSITES INCLUDING WITHOUT LIMITATION:
A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND WARRANTIES OF UNINTERRUPTED SERVICE;
B) WARRANTIES CONCERNING AN IMAGE¹S SUBJECT MATTER OR UNDERLYING
RIGHTS TO PROPRIETARY MATERIAL DEPICTED THEREIN;
C) WARRANTIES CONCERNING THE ACCURACY OR VALIDITY OF ANY
RELEASES, CAPTIONS OR OTHER INFORMATION PROVIDED WITH AN IMAGE;
D)WARRANTIES CONCERNING THE USE OF NAMES, TRADE OR SERVICE MARKS,
LOGOS, DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE; AND
E) WARRANTIES CONCERNING THE FORMATTING OF A DIGITAL IMAGE. YOUR
SOLE AND EXCLUSIVE REMEDY FOR RECEIPT OF A DEFECTIVE DIGITAL COPY IS THE
REPLACEMENT OF THE DIGITAL COPY OR REFUND OF FEE, AT INDEX¹S OPTION.
14. Indemnification. You may not use any Image in any manner, or in
connection with any material, that is unlawful, defamatory, obscene,
pornographic or that infringes any trade or service marks, rights of privacy
or publicity, or other rights of third parties. You will indemnify, defend
and hold harmless INDEX, its affiliates, suppliers, and their agents
(collectively, "Affiliates") against all claims, liabilities, damages, costs
and expenses, including reasonable legal fees, arising from or relating to:
a) any breach by you of the Agreement; b) any alteration or unauthorized use
by you of any Image; c) any claim of infringement of a third party¹s right
to privacy or publicity, where i) Index has not expressly asserted in
writing the existence of a release; or ii) your use exceeds the use
permitted by any existing release.
15. LIMITATION OF LIABILITY. NEITHER INDEX NOR ITS AFFILIATES SHALL
BE LIABLE FOR:
A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATING TO THE USE OR LICENSE OF ANY IMAGE OR CD, EVEN IF
INDEX OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; OR B) FOR ANY DAMAGES WHATSOEVER FOR THE USE, OR INABILITY TO USE,
ANY ROYALTY-FREE IMAGE OR CD. IN NO EVENT SHALL INDEX¹S OR ITS AFFILIATES¹
LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE SUM PAID BY YOU TO INDEX FOR
THE USE OF THE RESPECTIVE IMAGE. Some disclaimers and Limitations of
liability might not apply to you to the extent they are not permitted by
local law.
16. Condition of Images. You agree to carefully examine each Image or
scan for physical defects before use or reproduction. NEITHER INDEX NOR ITS
AFFILIATES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY
ARISING FROM ANY PHYSICAL DEFECT IN ANY IMAGE, CAPTION OR SCAN IN CONNECTION
WITH USE OR REPRODUCTION
17. Royalty Free Terms. For Royalty-Free Images, the terms of this
paragraph shall apply in addition to the other terms of the Agreement; this
paragraph¹s terms shall prevail in the event of any conflict. For
Royalty-Free Images, Index grants you a non-exclusive, non-transferable
right to use solely in: a) "Printed Materials," as part of promotional,
packaging or editorial material, and in items intended for distribution that
incorporate the Image(s) in their design;
b) "Broadcast Video"; and c) "Digital Media" (limited to display resolutions
less than 640 x 480 pixels72 dpi) in or as part of World Wide Web sites, or
of computer, software, audiovisual, multimedia or CD-ROM products.
Additionally, you may modify or create derivative works
from the Royalty-Free Images if all conditions of the Agreement are met. You
may only use
the Royalty-Free Image(s) in work that is created for you, or for your
employer, direct client or
customer, who must be the end-user of your work. The Agreement does not
permit you to:
i) Loan, license, or transfer the right to use the CD or any Image except to
the extent that a Royalty-Free Image is incorporated by you into Printed
Materials, Broadcast Video or Digital Media; ii) Simultaneously use the CD
or any Image(s) on more than one computer, or on a network system; iii)
Distribute the CD or any Image on a computer bulletin board or any online or
Internet service except as expressly permitted; or iv) Use any Royalty-Free
Image
to promote an image product or a business that is an image provider.
18. Miscellaneous. INDEX may upon reasonable notice inspect your
records to ensure compliance hereof. The Agreement inures to the benefit of
and is binding upon the parties and their heirs, successors, assigns, and
representatives. No failure of a party to exercise or enforce rights
hereunder will act as a waiver of those rights. The Agreement contains all
the terms of the agreement between the parties concerning its subject
matter, and it supersedes any prior agreement. The Agreement may only be
modified, or any rights under it waived, by a writing executed by the party
against whom such modification or waiver is asserted. The Agreement shall be
governed by New York law without regard to choice of law principles. The
parties
consent to the exclusive jurisdiction of the courts located within New York
County to resolve any disputes arising hereunder. You shall be responsible
for INDEX¹s reasonable attorney¹s
fees, witness fees, and other costs arising from your breach of the
Agreement. Any invalidity or unenforceability of any provision hereof shall
not modify or affect any other term or provision. Headings are for
convenience only and shall not be used to construe the Agreement. You may
not assign the Agreement or transfer any right to use an Image. Time is of
the essence in the performance of your obligations under the Agreement.
19. Additional rights and/or upgrades are available. If you are
unsure of your rights under the Agreement, please contact customer service
by calling 800-690-6979.
Top
Royalty Free
License Information
| All Images and CD’s
available on the Index Stock Royalty Free website are completely
royalty-free!
However, use of Index Stock images is subject to the terms and
conditions of our End-User License Agreement, and you may not resell any
image.
For network or multiple use licenses, please contact Index Stock
Imagery (800-690-6979).
|
The Index Stock Royalty Free End-User License Agreement
| The following is a
legal Agreement between you (the "Licensee") and Index Stock
Imagery, Inc. ("Index").
Please read this Agreement carefully before using the accompanying
image CD-ROM (the "CD") or downloading any Royalty Free Image
(the "Image" or "Images"). By using the CD or
downloading an Image, you agree to be bound by this Agreement.
|
| 1.
| The entire contents of
the CD (including without limitation the accompanying Software and
Documentation) and the Image(s) are copyrighted, proprietary and
protected by United States law, international treaty provisions and
other applicable laws. All rights not expressly granted are reserved.
Your right to use the CD and Image(s) is conditioned upon your payment
of any applicable fee prior to use and your compliance with the terms of
this Agreement.
|
| 2.
| By this Agreement,
Index grants you a non-exclusive, non-transferable right to use the
Image(s) or the Images on the CD solely in:
|
| A.
| "Printed
Materials," as part of advertisements; editorial or promotional
copy; brochures; reports; newsletters; packaging; and items intended for
resale or complimentary distribution that incorporate the Image(s) in
their design such as books, clothing, calendars, and CD packaging;
|
| B.
| "Online and
Broadcast Video Media," limited exclusively to World Wide Web site
display, online display and broadcast video; provided however that only
low-resolution versions of Images (no greater than 640 x 480 pixels - 72
dpi) may be displayed on any World Wide Web site or online; and
|
| C.
| "Offline Digital
Media" in or as part of computer, audiovisual and multimedia use;
software; multimedia programs; and CD ROM products; provided however
that only low-resolution versions of Images (no greater than 640 x 480
pixels - 72 dpi) may be displayed on Offline Digital Media.
|
| 3.
| You may modify, adapt
or create derivative works and publish the Image(s) in or on Printed
Materials, Online and Broadcast Video Media, and Offline Digital Media,
provided all conditions of this Agreement are met, including section 5G
(below). Your use of the Image(s) is not limited by the number of items
produced, circulated or sold.
|
| 4.
| You may only use the
Image(s), or include the Image(s) in Printed Materials, Online and
Broadcast Video Media or Offline Digital Media that are created for
yourself, or for your employer, direct client or customer, who must be
the end-user of your work.
|
| 5.
| This Agreement
specifically does not permit you to:
|
| A.
| Loan, rent, sell,
sub-license, lease, or otherwise transfer the right to use the CD or any
Image(s) to any other person or entity, except to the extent that any
such Image has been incorporated by you into Printed Materials, Online
and Broadcast Video or Offline Digital Media. Images may not be
distributed or sold individually - they must be incorporated into these
items;
|
| B.
| Use or copy any Image
or CD (or any portion thereof) in any manner, except as permitted by the
express terms of this Agreement;
|
| C.
| Use any Image or the
CD in any form of pornography, or in a defamatory, fraudulent or illegal
manner;
|
| D.
| Simultaneously use the
CD or any Image(s) on more than one computer at a time (multiple use),
or on a network system without first obtaining a license upgrade from
Index;
|
| E.
| Distribute any Image
on a computer bulletin board or any other form of online or
Internet-accessible service except as expressly permitted herein;
|
| F.
| Use any Image or any
portion thereof as a trademark or service mark, or claim any proprietary
rights in any Image, or any portion thereof; or
|
| G.
| Produce any
advertising or promotional material containing any Image with the intent
to promote an image product or to promote a business that is an image
provider.
|
| 6.
| You agree to
indemnify, hold harmless and defend Index, and its employees, directors,
suppliers, agents and affiliates, against any damages or liability of
any kind including attorneys’ fees arising from any use of any Image
or the CD other than the permitted uses specified in this Agreement.
|
| 7.
| Neither Index not any
of its directors, employees, suppliers, agents or affiliates shall be
liable for any damages, whether direct, indirect, consequential or
incidental, arising out of the use of, or the inability to use, any
Image or the CD.
|
| 8.
| This Agreement shall
be governed by the laws of the State of New York without regard to
conflict of laws rules. Venue for any action respecting this Agreement,
any Image, the CD or their use or attempted use shall be in the State
and Federal courts sitting in New York County, New York, and you hereby
consent to the jurisdiction of such courts.
|
| 9.
| Additional rights
and/or upgrades are available. If you are unsure of your rights under
this Agreement, please contact customer service by calling
800-690-6979.
Top
|
|
|
