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| | Digistock License Agreement View All Discs by Digistock TERMS AND CONDITIONS OF USE AND LICENSING AGREEMENTS
DIGISTOCK STOCK LLC WEBSITE
THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE ROYALTY FREE COLLECTION, LAS VEGAS STOCK AND FOOD IMAGE SOURCE (hereafter DIGISTOCK).
DEFINITIONS
In the terms and conditions of our contract the following definitions apply: "Image" includes photograph, picture, image on computer, disc or transmitted electronically in digital form or any other item Digistock may license to You for the purpose of reproduction. "Comping Image" is a low-resolution file used to make a presentation. "Reproduction" includes any form of copying or publication of the whole or part of any Image whether by printing, projection, by electronic, digital or mechanical means. "You" is a person, representative or agency, employee of agency or end user or any other person that is responsible for negotiating usage and terms and conditions. "Invoice" is a document issued by Digistock that contains the reproduction rights of the purchased Image. "Rights Managed" means reproduction rights are licensed according to specific use of the Image for a specific period of time. "Royalty Free" means you pay once for an Image that can be used for multiple projects over an unlimited time period.
USE OF IMAGES
Comping Image Grant of License (rights-managed and royalty free)
There are low-resolution Comping Images available on this site to aid in your selection. You can use Comping Images to take a closer look or for presentation to your client for PERSONAL, NON-COMMERCIAL use and for TEST or SAMPLE use. Comping Images may not be used for any marketing or advertising materials. Comping Images are not licensed for use in any final project. If you are unsure of your usage rights contact Digistock.
Royalty Free Grant of License
Upon receipt of payment You are granted a non-exclusive, non-sublicensable, non-transferable right to reproduce, transmit and display the Image an unlimited number of times in any and all media for the following purposes: Advertising and promotional materials, web page design, broadcast and theatrical productions. The Image may be used by no more than ten employees and the Image may not become posted online in a downloadable format. The terms and conditions and rights granted by Invoice shall be made a part of this agreement.
UNAUTHORIZED USE
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 outright 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 a 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 shall seek all damages and remedies available, including attorney's fees and all associated costs.
RESTRICTIONS AS TO USE
Any Image may not be used in a manner that is defamatory, pornographic, obscene, un-flattering or libelous whether directly or in context of juxtaposition with specific subject matter. Depiction of the model may not be used to endorse a product. Image may not be incorporated into a logo, trademark or service mark. You may not sublicense, sell, assign, republish or otherwise distribute Image.
COPYRIGHT ISSUES
Copyright shall remain with Digistock and Photographer. Any image reproduced for editorial use must contain the credit line Las Vegas Stock/Photographer's Name (for images licensed from Las Vegas Stock or Food Image Source/Photographer's Name (for images licensed from Food Image Source) or Digistock/Photographer's Name (for images licensed from The Royalty Free Collection.
MODEL AND PROPERTY RELEASES
No valid model release or other valid releases exist for any Image unless the existence of such release is specified by Digistock in writing. A copy of any existing model release will be provided to you upon request. The delivery of such a release will not constitute Digistock's warranty of the validity of such release. You shall indemnify Digistock and hold Digistock harmless against all claims by a third party arising out of your use of any Image where the validity and existence of such release has not been expressly specified in writing by Digistock.
INDEMNITY
You agree to indemnify and hold Digistock and Photographer, 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.
ALL SALES ARE FINAL
DELIVERY OF DIGITAL FILES
Digital files are provided "AS IS". Digistock makes no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or operation system.
LIMIT OF LIABILITY
Under no circumstances will Digistock 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. Digistock identified the caption for each Image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. In any event, and under all circumstances, the limit of liability of the copyright owner of the Image and Digistock shall be the sum paid to Digistock per the Invoice for the use of the Image involved.
NO WARRANTY
Digistock 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 picture, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. You may have some additional rights under some state laws.
DISPUTES OR CLAIMS
Any and all disputes, with 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 Las Vegas Nevada, 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 Nevada. If you are an agent for or an employee of a non-U.S. company but operates a place of business in the United States or its territories, you expressly agree 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. If Digistock is caused to present claims or suit as a result of any breach of the above terms, it shall be made whole for such reasonable legal fees or costs by you
MISCELLANEOUS
This agreement is not assignable or transferable. This contract, along with the Invoice, contains all the terms of the agreement between Digistock and you. These terms and the terms of any subsequent Invoice supersede any and all terms granted and the type of usage allowed. Payment of the Invoice is to be net 30 days. A service charge of 2% per month on any unpaid balance with be charged thereafter.
Call 1-800-251-4544 or email stock@digistock.com with any questions
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