|FSI Licensing Agreement|
1. Use of Licensed Content
Focused Stock Images licenses to you the use of Content files only as provided herein on a perpetual, non-exclusive, non-transferable, non-sub-licensable worldwide basis upon payment of the required fees. All other rights to the Licensed Content files and any accompanying materials such as copyright are retained by Focused Stock Images and its members. The license granted to you is limited to one project/product usage per download. For example, if Licensed Content is used in a personal website design and in a business website, this is considered two usages for which the content license must be purchased two times. Using Licensed Content in multiple products without purchasing the licenses for each usage violates this Agreement.
You must be at least 18 years of age to use the Website and accept this Agreement. FSI may require any registrant to provide sufficient proof of age. FSI may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.
3. Intellectual Property and Privacy Laws
You acknowledge that the content available on the Website is the property of Focused Stock Images or its content providers or other third parties and is protected by United States and international copyright and other intellectual property laws. Furthermore, you acknowledge that any trademarks and copyrights depicted in any FSI Licensed Content are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever necessary to comply with intellectual property laws. Absent an explicit written statement from FSI stating otherwise, you should assume that no consent from persons or owners of property depicted in Licensed Content has been given regarding the publication of the Licensed Content and that model and property releases are not available from FSI or its content providers. Further, FSI makes no claims or warranties as to the validity of the model or property releases associated with any Licensed Content. The existence of such releases should be independently verified by you with sources other than FSI. You agree that usage of any Licensed Content on the Website shall be at your sole risk. In other words, you assume sole responsibility to ensure that your usage of Licensed Content complies with the laws concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree, when feasible, to include the copyright information from the content file in the form of a legally effective copyright notice in substantially the following form: "[Year] Photographer's Name. Licensed Content from FocusedStockImages.com."
4. Permitted Uses
a. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
b. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
c. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640x480 for video Content;
d. personal and promotional prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution
This agreement requires you to re-purchase the image file photo for each new usage. If your image usage needs fall outside of the scope of what is permitted herein, you might be able to purchase and use the images by obtaining a Special License. Contact us here and learn more about Special Licenses and their availability.
5. Prohibited Uses
Generally (without a Focused Stock Images Special License*) you may not:
*If you wish to use FSI Licensed Content for purposes not permitted herein a Focused Stock Images Special License may be available to you. Generally speaking, the standard Image Usage Agreement allows many types of image uses where the images are a non-critical, ancillary part of the final creation. However, creating a new business or product line and using FSI images as a main visual part of your product (t-shirts, painting reproductions, etc.) typically requires a Special License. A Focused Stock Images Special License does not necessarily provide users with any or all of the benefits listed above, however, FSI may be able to provide you with a Special License for any of the aforementioned usage applications. Please click here or contact us for more information on Focused Stock Images Special Licensing.
6. Use of Editorial Content — Limitation of Liability
8. Content Credit Expiration and Refund Policy
9. No resale or sublicensing
You expressly agree that use of all Licensed Content images, files, or software distributed by FSI is at your sole risk. FSI does not warrant or guarantee that contents are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible for ensuring that the publication at your direction of content obtained from FSI does not violate any rights with respect to privacy, defamation, or rights of publicity. You further agree to indemnify Focused Stock Images in the event a claim is made with respect to the rights described in this section.
All Licensed Content images, files, and software distributed by Focused Stock Images are provided on an "as is" and "as available" basis and without warranties or conditions of any kind either express or implied. Focused Stock Images assumes no responsibility for any actions or liabilities arising from their possession or use. Focused Stock Images disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Focused Stock Images or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the contents or the Website, even if Focused Stock Images is expressly advised of the possibility of such damages. In no event shall Focused Stock Images' liability exceed the fees paid for the use of the files. No oral advice or written information provided by Focused Stock Images, its content providers or the like, shall create a warranty; nor shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through Focused Stock Images. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of Focused Stock Images. FSI may assign this agreement.
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
The interpretation of this Agreement shall be governed by the laws of the State of Alaska, United States of America. 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 Sacramento, California pursuant to the rules of the American Arbitration Association. All actions, controversies and disputes arising from copyright claims shall be heard and decided exclusively before the courts located within the State of California and the Counties of Nevada, Placer and Sacramento and not elsewhere. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this agreement. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
14. Legal Fees
You agree that the prevailing party shall be awarded alI costs of bringing a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute.
15. Entire Agreement
You acknowledge that you have read this agreement, understand it, have had an opportunity to seek prior independent legal advice pertaining to this agreement and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Focused Stock Images, which, excepting Focused Stock Images Special Licensing agreement(s) you may have also entered into, supersedes any proposal or prior agreement, oral or written, and any other communication between you and Focused Stock Images relating to the subject of this agreement.
16. Revision of Agreement.
Focused Stock Images may revise this agreement at any time and such revision shall be effective immediately upon the posting of the revised agreement on the Website. You agree to review the agreement prior to the licensing of any content to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying Focused Stock Images Member Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by Focused Stock Images.
|Last Updated on Monday, 29 March 2010 22:23|