Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek, Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2020-11-26
SC grants you a personal, nontransferable, nonexclusive license to copy the Images 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 only in the United States. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public without purchasing and paying for an extended license.
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. SC represents that it has the right to grant the license herein. Unless otherwise agreed, use of any Image is granted in the United States only and is limited to one year from date of invoice. All other rights are reserved to SC.
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 additional license, including any electronic reproduction or promotional rights.
? Create any derivative use of an Image unless indicated on the invoice.
? Sub license, 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 SC.
? 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 SC 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.
If any Image is used in an editorial manner, the credit line, "[Photographer's name]/STOCK CONNECTION", must appear adjacent to the Image or as otherwise indicated by SC.
If User omits the credit, an additional fee equal to two (2) times the original amount invoiced shall be payable by User at SC’s discretion. The foregoing fee shall be in addition to any other rights or remedies that SC may have at law or in equity. It is understood that Images used for advertising purposes do not require credit.
SC reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail 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. SC 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.
The license contained in this Agreement will terminate automatically without notice from SC if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of SC, return the Images to SC, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).
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. SC's copyright information and Image identification number must be retained with the digital files while you retain them.
No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. Time is of the essence in the performance by User of its obligations for payments.
Payment of the invoice herein is to be net thirty (30) days. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. And claims for adjustment of terms must be made to SC within five (5) days of the receipt of the invoice.
Rights are being reserved to recipient when an invoice is created. If recipient does not use the invoiced image, it is subject to a cancellation fee of 25% of the total amount of the invoice.
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 web casting 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.
You agree to indemnify and hold SC, 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.
SC 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. SC 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 SC.
DIGITAL FILES ARE PROVIDED "AS IS."
SC 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. SC MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK. THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY IS THE REPLACEMENT OF THE IMAGE(S). SC SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF SC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SC 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 SC SHALL BE THE FEE PAID FOR THE IMAGE TO SC.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
No action of SC, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
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.
Delivery of Images other than Digital Files
RETURN PERIOD AND HOLDING FEES FOR IMAGES:
Images other than digital files are to be returned within four (4) months after date of invoice, except in cases of outright purchase. User agrees to pay, as reasonable charges, the sum of $5.00 per week per image after such 4-month period to date of return. NOTE THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost and you will be billed for lost Image fees in accordance with the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to SC immediately if subsequently found. You will then be liable for holding fees rather than Lost Fees, whichever is less.
RESPONSIBILITY FOR ORIGINAL IMAGES
If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to SC. User shall be responsible for safe delivery and return of Images to SC and shall indemnify SC against any loss or damage to Images in transit or while in the possession of User. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to SC in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to SC. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.
The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. User agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be Fifteen Hundred ($1,500 ) Dollars, and the value of a duplicate transparency shall be Two Hundred Fifty ($250) Dollars, and the value of a black and white print shall be Thirty ($30) Dollars. SC agrees to the delivery of the goods herein only upon the express covenant and understanding by User that the terms contained in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers and freelance researchers for the loss, damage or misuse of the Images.
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 Rockville, Maryland, 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 Maryland. 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 the 4th District.
If SC 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 SC with two (2) free copies of such publication immediately upon printing.
This contract contains all the terms of the agreement between us (SC 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.
ADDITIONAL TERMS PERTAINING TO ROYALTY FREE LICENSES:
YOUR PURCHASE OR USE OF ANY ROYALTY FREE IMAGE OR ROYALTY FREE CD-ROM PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE IMAGE (S) UNUSED FOR A FULL REFUND.
Subject to the terms of this license agreement, SC grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, SC's Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single-image) an unlimited number of times, in any and all media for the purposes described below. Company represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by SC.
? Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
? Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
? Broadcast and theatrical exhibitions;
? Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and
? Additional uses approved in writing by SC
Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided SC's copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.
Number of Users / Seat License
Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from SC for each additional individual user. Contact SC at 800-868-6376 or email@example.com for further information.
Restrictions on Use
Except as provide herein, Licensee may not
? sublicense, sell, assign, convey or transfer any of its rights under this Agreement
? sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
? Incorporate the Images into a logo, trademark or service mark.
? Distribute, post or upload the Image(s) online in a downloadable format.
? Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
Product Endorsement Or Sensitive Use Disclaimer
If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
No model releases or other releases exist on any images unless SC specifies the existence of such release in writing. Licensee shall indemnify SC against all claims arising out of the use of any images where the existence of such release has not been specified in writing by SC. In any event, the limit of liability of SC shall be the sum paid to it per the invoice for the use of the particular image involved. Licensee will hold SC harmless from all claims for the use of the images, including defamatory use. SC gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art or architecture depicted in any image, and the Licensee must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.
Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.