FStockphotos

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LEGAL TERMS

PERMITTED USE

Websites

Toolbar skins, screensavers and mobile phone "wallpaper"

Prints, posters (i.e. a hardcopy) and other reproductions

As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration

In coordination with opt-in email marketing

On letterhead and business cards, pamphlets, brochures, catalogue and on pop up and/or panel displays for use in conventions and trade shows

In the artwork for the packaging of any product

Incorporated into software as a background image or splash screen

Multimedia presentations and incorporated into film, video for broadcast and/or theatrical display

Multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market

CD or DVD cover art and/or artwork

In editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories

In e-Books, including multi seat license electronic textbooks

In advertising posters for use in promoting the sale of other products

PROHIBITED USE

Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise

Incorporated in merchandise for resale or distribution, including without limitation, clothing, artwork, magnets, posters, calendars, mugs and mouse pads

As decoration in an office, restaurant, public area, home, or store owned or rented by Subscriber or by a client for whom Subscriber renders design services

Print on Demand

Use of an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property
	
Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like²; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the like²ness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from² a physical or mental infirmity, ailment or condition.
	
Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels
	
Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise
	
Use FStockphotos Images in a manner that competes with FStockphotos' business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website or otherwise offering FStockphotos Images for sale, except as specifically provided in the applicable Terms of Service
	
Use an Image marked Editorial Use Only for commercial purposes
	
Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin
	
Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image
	
Represent yourself as an agent, employee, designee, or affiliate of FStockphotos for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement
	
Stockpile, download, or otherwise store Images not used within six (6) months of the expiration of your account
	
Use automated programs, applets, bots etc., to download Images or for any other purpose

TERMS OF SERVICE ("TOS")

Dear FStockphotos Subscriber:

The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and FStockphotos ("FStockphotos"). Please read this agreement carefully before downloading any FStockphotos Images and/or content ("Image" or "Images"). By downloading any Image, you agree to be bound by the terms of this agreement. FStockphotos reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from² time to time, do not download or use any Images. Please note that Images downloaded as part of your  License subscription may only be used in compliance with these License TOS. Your failure to comply with the terms hereof could result in the immediate termination of your account.

Please note: If your subscription was active prior to the changes in these TOS, your use of Images will be controlled by the TOS in effect at the time your FStockphotos subscription commenced. Your use of Images downloaded during a billing cycle that commences after the effective date hereof will be controlled by these TOS. Conversely, the use of any Images downloaded during a billing cycle that commenced prior to this change in the TOS will be governed by the TOS in effect during the subject billing cycle. Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than two hundred and fifty thousand (250,000) times.

PART I - LICENSE

1. All Images on the FStockphotos website are protected by The Republic of South Africa and International Copyright laws and treaties. FStockphotos and/or the various artists who provide content and/or Images to FStockphotos ("Submitters") own all rights, including the copyrights in and to the Images. FStockphotos and/or its Submitters reserve all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to FStockphotos for your use of the Images. If you fail to make any payment to FStockphotos when due, or if any check is dishonoured or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and FStockphotos), you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and FStockphotos' costs of collection, bank charges and credit card processing fees are received by FStockphotos no later than fifteen (15) days from² the date that your account became delinquent.

2. By this Agreement, FStockphotos grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof: 

a) On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
b) As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
c) As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
d) As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold;
e) In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from² unsolicited email and no Image may be reproduced or used more than 250,000 times;
f) On letterhead and business cards, pamphlets, brochures, catalogues and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than 250,000 times in the aggregate;
g) In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed two hundred and fifty thousand (250,000) copies in the aggregate;
h) Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from² the software and further provided that the manufacturing or duplication run(s) of such software (including downloads of such software) does not exceed two hundred and fifty thousand (250,000) copies in the aggregate;
i) In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where² the intended audience will consist of fewer than two hundred and fifty thousand (250,000) viewers;
j) In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred and fifty thousand (250,000) copies in the aggregate;
k) As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed two hundred and fifty thousand (250,000) copies in the aggregate;
l) As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed two hundred and fifty thousand (250,000) copies in the aggregate;
m) In eBooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than two hundred and fifty thousand (250,000) in the aggregate; and
n) As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and further provided that the print or manufacturing run(s) of such posters does not exceed two hundred and fifty thousand (250,000) copies in the aggregate.

3. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by FStockphotos or its Submitter(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

4. All other rights in the Images are expressly reserved by FStockphotos for itself and its Submitters.

TOS PART II - RESTRICTIONS

YOU MAY NOT:

5. Use an Image other than as specified in PART I.

6. Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part) more than two hundred and fifty thousand (250,000) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.

7. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.

8. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.

9. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like²; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the like²ness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from² a physical or mental infirmity, ailment or condition.

10. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.

11. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.

12. Use FStockphotos Images in a manner that competes with FStockphotos' business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering FStockphotos Images for sale, or including FStockphotos Images in templates of any nature, including templates for websites, social networking websites (e.g. MySpace.com, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties.

13. You may not create a digital or print greeting card line based on FStockphotos Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. However, you may use up to ten (10) Images per paid monthly subscription for manufacturing or producing physical items for promotional use only, including paper greeting cards, magnets, etc., provided that you do not produce more than 1,000 copies of any single item that bears one or more Images and further provided that such items combine text with any Images. Promotional uses must comply, in all respects, with the restrictions set forth in these TOS. You may not sell or distribute items (e.g., mouse pads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this License, you may contact us.

14. Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. FStockphotos does not provide such permissions.

15. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

16. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.

17. Represent yourself as an agent, employee, designee, or affiliate of FStockphotos for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.

18. Stockpile, download, or otherwise store Images not used within six (6) months of the expiration of the subscription under which you downloaded the Image. If you fail to use an Image within such six (6) month period, you will lose all rights to use that Image.

19. Use automated programs, applets, bots or the like² to access the FStockphotos website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website.

TOS PART III - MISCELLANEOUS

20. FStockphotos shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that FStockphotos determines that you are entitled to a refund of all or part of your subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your subscription.

21. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from² duplicating any Image.

22. If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the FStockphotos Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to FStockphotos at FStockphotos' request. You may use FStockphotos Images for no more than three (3) clients per thirty (30) day subscription you purchase. To determine the number of clients for whom you may use Images, multiply the number of one (1) month subscriptions purchased by three (3). For example, if you purchase six (6) one (1) month subscriptions, you may service eighteen (18) clients during the period of your subscription.

23. You agree that you will not share your username and password combination. Your FStockphotos username and password are to be used only by you. Each person that desires to access the FStockphotos site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from² sharing their login information.

24. You agree to indemnify and hold FStockphotos, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from² any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify FStockphotos for all costs and expenses that FStockphotos incurs in the event that you breach any of the terms of this or any other agreement with FStockphotos.

25. Neither FStockphotos nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the FStockphotos website or any Image or Images.

26. This contract is governed by and shall be construed in accordance with the laws of the Republic of South Africa. You hereby consent to the personal jurisdiction of the courts located within such country. All actions, controversies and disputes arising from² or relating to this agreement shall be heard and decided exclusively before the courts located within the Republic of South Africa and not elsewhere². You agree that service of process in any actions, controversies and disputes arising from² or relating to these TOS 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 favour 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.

27. If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please contact us.

28. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to FStockphotos for any breaches of the terms of this agreement.

29. The number of Image downloads available to you is determined by the Subscription you purchase. For the purposes of this agreement, “Subscription” refers to credit packages as well as subscription plans, a day is defined as the twenty four (24) hour period beginning at the time your subscription is purchased. A month is defined as thirty (30) consecutive days beginning on and including the date that you purchase your subscription.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH FSTOCKPHOTOS, FSTOCKPHOTOS SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO FSTOCKPHOTOS' OTHER RIGHTS AT LAW AND/OR EQUITY. FSTOCKPHOTOS SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.

FSTOCKPHOTOS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE.

THE IMAGES, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

FSTOCKPHOTOS GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.

FSTOCKPHOTOS SUBMITTERS UPLOAD IMAGES TO THE FSTOCKPHOTOS WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE FSTOCKPHOTOS TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.

FSTOCKPHOTOS DOES NOT WARRANT THAT THE IMAGE(S), FSTOCKPHOTOS WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

FSTOCKPHOTOS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), FSTOCKPHOTOS' BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF FSTOCKPHOTOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

IN NO EVENT, SHALL FSTOCKPHOTOS' TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE FSTOCKPHOTOS WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY FSTOCKPHOTOS FROM² YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).

IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING FSTOCKPHOTOS, FSTOCKPHOTOS WILL PROMPTLY FILE A COMPLAINT WITH THE INTERNET CRIME COMPLAINT CENTER, A PARTNERSHIP BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE NATIONAL WHITE COLLAR CRIME CENTER, AND INTERPOL.

COPYRIGHT / CREDIT ATTRIBUTIONS

Though FStockphotos requires credit attributions and copyright notices for many uses, FStockphotos may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that FStockphotos grant you a waiver of such requirements, please contact FStockphotos Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from² FStockphotos to you.

You shall accord credit and provide a copyright attribution to the copyright holder and to FStockphotos in connection with the use of any Image in a book, magazine, e-zine or newspaper. Such credit and attribution shall be in substantially the following form:

"Image Copyright Name of Artist, 2009 Used under license from² FStockphotos.com"

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