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Digital Images LICENSING TERMS & CONDITIONS
Summary
Unless explicitly mentioned otherwise, Digital Images owns the exclusive copyright to all photographs and text appearing on the Digital Images site. No images are within the Public Domain. Any use of images outside of the guidelines outlined in this document is copyright infringement.
- PRIVATE USE, limited to: (a) personal, non-commercial or (b) sample, design, test, or layout use ("comp use"), can be done without permission.
All other uses require written permission obtained through email.
- PUBLIC USE (diffusion by any means) for non-commercial purpose by individuals and all-volunteer organizations will likely be granted free permission, but approval is required. Free permissions always require proper attribution (including an active backlink, if used on the Web), and no alterations.
- All others will need a licensing contract and payment.
END-USER LICENSE AGREEMENT (EULA) ? By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Digital Images (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Digital Images hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Digital Images and ?Materials? from our website will constitute and be defined as any photo, image, design, or layout represented on the Digital Images website. By downloading any Materials from Digital Images you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User?s Rights to Materials from Digital Images. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and Digital Images.
- Digital Images.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
- You may access, acquire, and use the materials downloaded from Digital Images.com subject to these Terms and Conditions in the following manner:
- a. In a PowerPoint presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that ?Some images contained in this presentation are the copyrighted property of Digital Images. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Digital Images.?
B. User?s Restrictions on the Use of Digital Images Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the ?User?s Rights to Materials from Digital Images? section of this Agreement.
- You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
- You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Digital Images may, in its sole discretion:
- Monitor your download activity from Digital Images as often as Digital Images determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what Digital Images determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Digital Images sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- Investigate any abuse of your username and password in connection with the Digital Images website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Digital Images, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Digital Images Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. You understand that Materials are copyrighted and owned by Digital Images only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. E. Digital Images and all Materials are made available to you ?AS IS,? ?AS AVAILABLE,? and ?WITH ALL FAULTS.? Digital Images its employees, directors, and officers and anyone else associated with Digital Images makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Digital Images further makes no representation or warranty that your usage of Digital Images will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Digital Images, you do so at your own risk. F. Digital Images, its employees, directors, and officers, or anyone else associated with Digital Images shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. Digital Images, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Digital Images, and for accessing, acquiring, and/or using Materials from Digital Images. G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Digital Images is accurate and true, including without limitation all credit card information H. You agree to fully, indemnify, and hold harmless Digital Images, its employees, directors, officers, and any other entity associated with Digital Images, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement. I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement. J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
How to license images from us
Uses. We license images for any use, including advertising, corporate, promotional, editorial illustration in magazines and books, web, media, presentations, decor, and retail products.
Free research. Since we represent only our own images that we know intimately, we can do a fast stock photo search in our image bank and suggest quickly the right images to help you make the strongest presentation. We can also provide more extensive background information on each stock photo than stock agencies that represent the work of multiple photographers. There will never be any stock photo research charge for courteous and professional service.
Free electronic delivery. All our images are available as high resolution digital files, up to 2336x3504 pixels (82.41cm x 123.61cm [32 x 48inches] at 300dpi) which can generally be made available by download (no special software such as FTP programs required) within a couple of hours after the stock photography order. Unless specified otherwise, images will be transmitted in Adobe RGB, saved as high quality jpeg files. No fees are charged for electronic delivery, including transmission by FTP direct to your prepress house
Rights. Like many providers of high quality images geared to the discriminating photo buyer, we specialize in right-managed licensing to guarantee you the limited use of each image. Our photo agency has a record of uses of each image in our photo library. Our unique system informs you instantly whether the image you are interested in has been licensed at all before, and if so, how many times. Exclusive rights are available. All images are registered with the US Copyright Office. None appear in royalty-free collections. In general, we charge one-time use fees which depend on the actual usage, but we can arrange for any type of license to meet exactly your needs.
Pricing. You will find our pricing extremely fair and competitive. We match the price of any other stock photography agencies that offers right-managed licenses (for reference, here are price tables for a few competing stock photo agencies:
Discounts will be given for multiple image uses. If you have a particularly tight budget, please let us know, and we will try to be flexible to accommodate you. No transaction will be conducted below the minimal licensing fee of ?150. We do not grant free commercial licenses solely in exchange for credits or links.
Quotes. For a quote, provide as much detail as you can. This is important because if we do not have enough information, we would assume that you require more general rights, resulting in a higher quote. Please contact us with the following information:
- Name/Organization
- Contact phone number/e-mail address
- End use of piece/Name of client
- Usage type/Size/Placement
- Circulation/Distribution/Duration
- Requested rights/Other uses
Payment. Licensing contracts can be paid by major credit cards (secure online page or fax an authorization form), paypal and wire transfer. For account holders, we also accept purchase orders and checks, net 45 days.
Licensing terms. We have very simple terms. Not all images can be licensed.
REFERENCES You can work with us in confidence that we have a track record of serving the stock photography needs of several leading editorial, corporate, and advertising clients with 100% satisfaction.
Contact us for your stock photo needs. If you are a photo editor or graphic designer looking for strong adventure sports, travel, and nature stock images, please contact us by e-mail or phone with your stock photography research request.
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