License

ImageJunkie.com
Image Usage Agreement
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.

Welcome to the imagejunkie.com website (“Website”). You are required to follow the terms and conditions if you use the Website located at www.imagejunkie.com. Your use of the services provided by ImageJunkie indicates your acceptance of these terms and conditions.

1. Use of image files.
ImageJunkie licenses to you the use of image files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by ImageJunkie and its members. The license is limited to one usage per download. For example, if an image is used in a website design and in a business card design, this is considered two usages for which the image license must be purchased two times. Using an image in multiple products without purchasing the licenses for each usage violates this Agreement.

2. Consent.
You must be at least 18 years of age to use the Website and accept this Agreement. ImageJunkie may require any registrant to provide sufficient proof that they are at least 18 years of age. Minors can access imagejunkie.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. ImageJunkie 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 through the Website is the property of ImageJunkie or its content providers or other third parties and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images 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 ImageJunkie stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding the publication of the image and that model and property releases are not available from ImageJunkie or its content providers. Further, ImageJunkie makes no claims or warranties as to the validity of the model or property releases associated with any image and the existence of such releases should be independently verified by you with sources other than ImageJunkie and that you agree that such usage shall be at your risk. In other words, you assume sole responsibility to ensure that your usage of an image 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 image file in the form of a legally effective copyright notice if at all possible in this form: “[Year] © Photographer's Name / ImageJunkie.com.”

4. Prohibited Uses.
You may not:
a. Use an image in products in which the image is a dominant feature if the product is to be subsequently sold or distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints, paintings, or calendars.
b. Use the image in screensavers, software, web page builders, gallery, or any system where the image file can be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of users. Image libraries are not allowed without a Special License. Please contact us for more information at ImageJunkie Special Licensing.
c. Display or post images in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save, or otherwise infringe the copyright to an image. If more than 10 images from the Website are being used, size must be no more than 400 pixels in height or width.
d. Use images in any way that violates the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not being model-released may not be used for advertising or promotional purposes.
e. Use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
f. Use images in a manner which the depicted person or a person owning the depicted property would find objectively offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive, or pharmacological products.
g. Resell or distribute any image unless it is an integrated, inseparable part of a product and constitutes less than 50 percent of the overall product area, page layout or design.
h. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
i. Use any part of an image in a trademark, service mark, logo, or part thereof.
j. Remove any copyright or trademark information from any image, file, or accompanying materials.

*An ImageJunkie Special License can be provided for users who wish to use the images beyond what our standard Image Usage Agreement allows. Generally speaking, the standard Image Usage Agreement allows most types of image uses where the images are an non-critical, ancillary part of the final creation. However, creating a new business or product line and using ImageJunkie images as a main visual part of your product (t-shirts, painting reproductions, etc.) typically requires a Special License.

An ImageJunkie Special License does not necessarily provide users with any or all of the benefits listed above, however, ImageJunkie may be able to provide you with a Special License for any of the aforementioned usage applications. Please contact us for more information at ImageJunkie Special Licensing.

5. Permitted Uses.
You may:
a. Use images for general, editorial, product, and promotional uses including but not limited to: products, software, newsletters, advertisements, book covers, packaging, marketing material, school assignments, presentations, and within films or videos, provided that such usage complies with the other provisions in this Agreement (see Section 4. Prohibited Uses).
b. Edit, modify or alter images as necessary for your use, provided that the subsequent image otherwise complies with this Agreement. The copyrights in all photos, art, images or other files obtained from ImageJunkie and integrated into a derivative work will remain with ImageJunkie or the content provider. If requested by ImageJunkie, you agree to execute a written assignment of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable ImageJunkie or a content provider to enforce intellectual property rights.
c. In the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work project and without which the project could not be completed.
d. Print or use the image for your personal use in any size provided that there is no subsequent sale or transfer to other persons.

6. Use of Editorial Images – Limitation of Liability
Users downloading images that are designated as “editorial use” image assume full responsibility for their use of the image(s). Depending on your use, the use of editorial use images may require additional rights that ImageJunkie may or may not be able to provide. You should consult with your legal counsel to be sure your use is legal.
These editorial use images are not model released and are intended for Editorial Use only. By downloading this image you indicate that you understand and agree to all of these terms and assume full liability for your use of the image(s) and agree to hold ImageJunkie harmless should any liability arise.

7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within an ImageJunkie Special License or other ImageJunkie agreement.

8. Assumption of risk.
You expressly agree that use of all images, files, or software distributed by ImageJunkie is at your sole risk. ImageJunkie does not warrant or guarantee that images are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible to ensure that the publication at your direction of an image obtained from ImageJunkie does not violate any rights with respect to privacy, defamation, or publicity. You further agree to indemnify ImageJunkie in the event a claim is made with respect to the rights described in this section.

9. Disclaimers.
a. All images, files, and software distributed by ImageJunkie are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. ImageJunkie assumes no responsibility for any actions or liabilities arising from their possession or use. ImageJunkie 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 ImageJunkie 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 images or website, even if ImageJunkie is expressly advised of the possibility of such damages. In no event shall ImageJunkie’s liability exceed the fees paid for the use of the files. No oral advice or written information provided by ImageJunkie, 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 ImageJunkie. 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.
b. The images are delivered via download which can begin when payment has been made. You receive the image with the resolution and data file size indicated in the purchase process. You undertake to provide full and correct information required for ordering and payment. Delivery is made at your solo risk. ImageJunkie.com cannot accept any liability for technical problems which may occur on your side. In the event of late delivery, due for example to technical problems, an appropriate period of grace must be granted to imageJunkie.com in writing. Complaints will only be entertained within seven days of transaction date, falling which the delivery shall be deemed to have been approved.

10. Assignment
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of ImageJunkie. ImageJunkie may assign this agreement.

11. Severability
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.

12. Arbitration
A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such disputes shall be submitted to arbitration in Sacramento, California pursuant to the California Arbitration Act (Code of Civil Procedure sections 1280–1288.8) and the Federal Arbitration Act (9 U.S.C. sections 1–14) in effect at the time arbitration is demanded.

13. Legal Fees and Jurisdiction
You agree that the prevailing party shall be awarded all costs of bringing a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in California. This Agreement shall be interpreted under the laws of the State of California.

14. Entire Agreement
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 ImageJunkie, which, excepting ImageJunkie Special Licensing agreement(s) you may have also signed, supersedes any proposal or prior agreement, oral or written, and any other communication between you and ImageJunkie relating to the subject of this agreement.

15. Revision of Agreement.
ImageJunkie 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 an image to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying ImageJunkie Member Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by ImageJunkie.