Royalty Free Download Agreement for Stock photos

By downloading files including photography, illustration, and animation from the PhotoStockPlus website (“PhotoStockPlus Content”) you agree to be bound by the terms of this Agreement. Do not download PhotoStockPlus Content if you do not accept these terms. Only use PhotoStockPlus Content only as specified below.

  1. This is a license, not a sale, of PhotoStockPlus Content.
  2. You are granted a non-exclusive, non-transferable license to use in perpetuity PhotoStockPlus Content on the terms and conditions contained in this Agreement.
    You may only engage in expressly permitted activity with respect to PhotoStockPlus Content under this Agreement.
  3. CAUTION: WHILE PHOTOSTOCKPLUS HAS ENDEAVOURED TO ENSURE THAT APPROPRIATE MODEL AND PROPERTY RELEASES HAVE BEEN OBTAINED BY ITS MEMBERS, AND THAT MEMBERS HAVE SUPPLIED ORIGINAL CONTENT TO PHOTOSTOCKPLUS. PHOTOSTOCKPLUS PROVDES NO EXPRESS OR IMPLIED REPESENTATION, WARRANTY OR CONDITION OF ANY KIND. THE ENTIRE RISK AS TO THE LEGAL AVAILABILITY AND SUITABILITY OF THE CONTENT FOR YOUR PURPOSES IS YOURS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PHOTOSTOCKPLUS TO YOU IS LIMITED TO THE AMOUNTACTUALLY PAID BY YOU TO PHOTOSTOCKPLUS UNDER THIS AGREEMENT.
    QUESTIONS REGARDING THE USABILITY FOR ANY PURPOSE OR PROPOSED USE SHOULD BE DIRECTED TO THE MEMBER WHO PROVIDED THE PHOTOSTOCKPLUS CONTENT TO OUR WEBSITE.
    You may:

    1. install PhotoStockPlus Content in only one location, e.g., a CPU, or hard drive;
    2. physically transfer PhotoStockPlus Content from one location to another, provided that it is deleted from the previous location(s);
    3. make a copy of PhotoStockPlus Content solely for back-up purposes;
    4. incorporate the PhotoStockPlus Content into a new work (a “Derivative Work”) which is not substantially similar to the incorporated PhotoStockPlus Content;
    5. use, subject to the prohibitions set forth is subsections 5(f), 5(g), and 5(h), any PhotoStockPlus Content and any Derivative Work in the following applications:
      1. advertising in magazines and newspapers;
      2. promotional, collateral and printed materials;
      3. advertising or editorial use in publications including online or electronic publications, including web pages to a maximum resolution of 640 x 480 pixels @ 72 dpi;
      4. prints and reproductions for personal use (not sale); and
      5. private study, teaching, research and other educational purposes; and
    6. transfer files containing PhotoStockPlus Content or Derivative Works to clients for the purpose of printing or electronic publication, as permitted above, provided that no client shall have any further rights to use PhotoStockPlus Content.
  4. PROHIBITED USES: You may not do anything with PhotoStockPlus Content that is not expressly permitted under this Agreement. You may not provide a copy of any PhotoStockPlus Content to anyone or allow anyone to gain access to any PhotoStockPlus Content except as permitted above. Without limiting the generality of the foregoing you may not:
    1. use any PhotoStockPlus Content in design template applications for resale;
    2. display any PhotoStockPlus Content on websites for sales of "print on demand" products, including, without limitation, postcards, mugs, t-shirts, posters and other items;
    3. use PhotoStockPlus Content in posters or other products for resale;
    4. use PhotoStockPlus Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
    5. incorporate PhotoStockPlus Content in any product that results in a redistribution of PhotoStockPlus Content;
    6. use PhotoStockPlus Content in a fashion that may be considered to be pornographic, obscene, defamatory or libelous in nature;
    7. use PhotoStockPlus Content that depicts a person to endorse a business, product or service;
    8. use PhotoStockPlus Content that depicts a person in potentially sensitive subject matter including that which may cause duress, distress, or discomfort to another;
    9. sub-license, sell, rent, lend, or otherwise distribute any PhotoStockPlus Content;
    10. post any PhotoStockPlus Content on a server other than one used for a LAN accessed by fewer than 10 persons; or
    11. transfer the rights to any PhotoStockPlus Content, except as specifically provided for in this Agreement.
  5. PhotoStockPlus and its Members continue to own all intellectual property rights in PhotoStockPlus Content. All other rights in and to the PhotoStockPlus Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by PhotoStockPlus or its Members, as the case may be. Other parties who wish to use any Content must download it from the PhotoStockPlus website themselves.
  6. INDEMNIFICATION: You agree to indemnify and hold PhotoStockPlus harmless against all claims or liability asserted against PhotoStockPlus arising out of or in connection with your use of PhotoStockPlus Content.
  7. You will pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the PhotoStockPlus Content, pursuant to this Agreement.
  8. This Agreement is governed by the laws applicable in the Province of Ontario, Canada. If a disagreement cannot be settled by mediation, you expressly agree to submit and attorn to the jurisdiction of the courts in Cornwall, Ontario.
  9. If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect.
  10. If PhotoStockPlus is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse PhotoStockPlus for its legal fees, costs and disbursements.
  11. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, 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 PHOTOSTOCKPLUS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PHOTOSTOCKPLUS RELATING TO THE SUBJECT OF THIS AGREEMENT.

LANGUAGE CLAUSE:
The parties have expressly requested and agreed that this Agreement and all related documents be drawn up in English. Les parties conviennent et exigent expressement que le présent contrat et les documents qui s’y rattachent soient redigés en anglais.

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