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This is a legal agreement between you and Picture Stock. Read this agreement in its entirety before you continue to use this site. By continuing to use this site you agree to be bound by the terms of this agreement.

Ownership of our site

This site is owned and operated by Picture Stock (referred to as "Picture Stock," "we," "our"). All content included on our site, such as photographs, illustrations, Images, text, audio clips, video clips, graphics, clip art and software (referred to as "Content") is owned by Picture Stock or our Content providers and/or our Photographers. All Content is protected by US and International copyright laws. For the protection of Picture Stock and our Content providers, Images may be watermarked and/or digitally watermarked.

Trademark ownership

Picture Stock, our slogan and the Picture Stock logo are registered trademarks of Picture Stock. You cannot reproduce any unlicensed trademarks, service marks or logos onto printed materials and merchandise. Words, names and designs used to identify services or products are considered trademarks, service marks and/or logos. The owner of a trademark, service mark or logo has the exclusive use and reproduction rights. You will be able to place our banners on your site provided that they are not altered or changed in any way.

The same policy applies for copyrights. You cannot use the unlicensed copyright materials from artists, photographers, publishers, writers, composers and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. You may not use our trademarks without our written permission.

Copyright

All material and software on this site is Copyright Picture Stock all rights reserved worldwide. The Images on this site are owned by Picture Stock and/or individual Photographers and are protected by the intellectual property laws of the United States and International copyright conventions.

Grant of rights and use of the content

Accepting these uses, you may not reproduce, distribute, transmit or otherwise exploit the Content in any way. In particular, you may not include the Content in any other publication or product, or on any other Web site or computer network. In addition, you must abide by all other terms, conditions and restrictions contained in any other agreement associated with the Content throughout our site.

Picture Stock grants you a personal, non-assignable, non-transferable, non-exclusive right to copy the Images you have selected onto your computer hard drive and to use the Picture Stock Image (Image) for the following limited applications; comprehensive layouts ("Comps") and in-house presentations and mock-ups for client presentation purposes. You are not granted any rights to use the Images for any advertising, promotional or editorial use or any other use whatsoever, and you are not granted any derivative, electronic or digital rights or any other rights whatsoever. A derivative work is anything sourced from or referenced from a pre-existing Image.

Incorporating any Image must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, trade, loan, give, sublicense, or otherwise transfer to anyone the Image or the right to reproduce the Image (except insofar as it has been incorporated by you into one of the permitted uses), and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the Image. You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the Image.

Picture Stock reserves all rights not expressly granted above without any limitation. Usage of the Image beyond the rights granted in this Agreement constitutes willful copyright infringement and is punishable to the fullest extent of the law.

Restrictions on use: You agree not to:

Use any Image in any manner that might be considered defamatory, libelous, pornographic, fraudulent, infringing or tortuous, whether directly or in context or juxtaposition with specific subject matter or by altering it in any way.

Use the Image or permit the use of the Image in any way that violates the person's right of privacy or publicity.

Infringe on any trade name, trademark or service mark or to otherwise use an Image for any unlawful purpose.

Place the Image online in a down-loadable or FTP format.

Retention of digital images

Digital Images may be retained for up to 45 days from the date of download. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images. Picture Stock's copyright information and Image identification number must be retained with the digital Images while you retain them.

Releases, permissions and sensitive subjects

Unless we indicate that an Image has a model or property release, no such release exists. Picture Stock gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any Image and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.

Advance written permission is required for use of Images for sensitive subjects, including, but not limited to, contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer, other serious physical or mental ailments or the disparagement of a person or product. Picture Stock and our affiliates reserve the right not to permit use of an Image for any reason whatsoever.

Termination

The rights contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination, you must immediately (a) stop using the Image and (b) delete the Image and all copies from all electronic and or magnetic media and destroy all other copies of the Image, or upon request of Picture Stock and/or any of our affiliates, return all such copies to Picture Stock.

Indemnity

You agree to indemnify and hold Picture Stock and any of our affiliates and the 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. If you utilize an Image prior to paying our Invoice, we are relieved of any liability for any claim concerning such Image's use or publication since it was published without permission.

Exclusive remedy for digital files

Picture Stock's limitation of liability and your exclusive remedy will be a replacement of the digital Image.

Limitation of liability

Under no circumstances will Picture Stock or our affiliates be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the Images or (b) the inability to obtain additional rights to the Images (including making additional copies) even if Picture Stock has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Image, their representative and Picture Stock shall be the fee paid for the Image to Picture Stock or one of our affiliates.

Our software

The software incorporated into this site, (the "Software"), is provided by Picture Stock and contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, distribute or create derivative works based upon the Software in whole or in part.

Copyright protection

You agree to provide copyright protection of the Image. All digital files of Images must include the copyright symbol, Picture Stock's name or the name of the affiliate that sold you the picture. Picture Stock shall have the exclusive right to pursue any copyright infringement without regard to the rights granted.

No waiver, complete agreement

The terms set forth in this WEBSITE USER "COMPING" AGREEMENT represent our entire agreement concerning your review and "Comping" of Images. All prior understandings or representations, whether oral, written, based on "industry custom" or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorized to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.

Agreement binding on principal

If you are acting as an agent or representative of another; you must disclose the name of the principal to Picture Stock upon request. You agree to insure that the principal agrees to be bound by all of Picture Stock's terms and conditions contained in Picture Stock's Website user "Comping" agreement and shall furnish written confirmation to Picture Stock upon request. This term is a material part of the Agreement and a condition upon which the Digital Images are made available to you.

Picture Stock reserves the right to change the terms of this Agreement without notice.

Picture Stock further reserves the right to withdraw an Image from use for any reason and you agree to destroy any file and discontinue the uses of any Image that has been listed as withdrawn.

Disclaimers

Our site and the Content are provided to you on an "As Is" basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permissible pursuant to applicable law. Although we use our reasonable best efforts to ensure the accuracy of the Content on our site, we make no representations or warranties as to the accuracy, correctness or reliability of the Content. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. (Because some jurisdictions do not allow for the exclusion of implied warranties, some of these exclusions may not apply to you). You acknowledge that your use of our site is at your own risk. Picture Stock nor any of its directors, officers, employees, parents, subsidiaries, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, or other damages arising out of the use of, or the inability to use, the digital Images. You may have additional rights under certain state laws.

As a convenience, our site links to other sites that may be of interest to you but are not under our control. These links do not imply an endorsement by Picture Stock and we are not responsible for the availability of or the content contained in any linked site.

Additional terms

You are bound by this agreement when you access our site and until you have destroyed all Content that you have downloaded or copied from our site; you are, in addition, bound by this agreement whether you downloaded or copied the Content under the terms of this agreement or otherwise. The laws of the state of New York, USA, govern this agreement without giving effect to any principals of conflicts of law. We reserve the right to make changes to our site and to this agreement at any time without notice.

If you are unsure about your rights or obligations under this Agreement, or it you wish to use the Images in a manner not permitted under this Agreement, please contact our support team through our 'Contact Us' page.

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