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LICENSING TERMS & CONDITIONS
This is a legal agreement between you and Z Stockphoto?. By downloading any image or material from our website, you hereby agree to be bound to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
PART I
All Materials on our website, and all rights and copyrights shall remain the exclusive property of Z Stockphoto and its licensors; and Materials from our website will constitute and be defined as any photo, video, image or design represented on the Z Stockphoto website.
User's Rights to Materials from Z Stockphoto:
1. Z Stockphoto grants You a non-exclusive, non-transferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
2. You may access, acquire, and use the materials downloaded from Z Stockphoto.com subject to these Terms and Conditions in the following manner:
a. In the development and creation of your business presence and entity.
b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover design, and newspapers.
c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
d. As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
e. 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 Z Stockphoto. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Z Stockphoto.com
f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the materials from our website 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.
g. On business cards, letterhead, advertising or promotional posters, catalogs, pamphlets, brochures, panel displays for use in conventions and trade shows, provided that the Material is not used as a trademark, service mark, logo or as an element thereof;
User's Restrictions on the Use of Z Stockphoto Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
1. Display or use the Material on websites or any other venues designed to induce sales, license or other distribution of ?on demand? products, including but not limited to postcards, mugs, hats, t-shirts, posters, gifts and other items, this includes custom designed websites, as well as sites such as Cafe Press (i.e. www.cafepress.com).
2. Distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever except as specifically outlined in the User's Rights to Materials from Z Stockphoto section of this Agreement.
3. 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.
4. 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.
5. Display or use any Material that features a person or model in a manner that would lead a reasonable person to think that such person uses or personally endorses any business, service, product, association, cause or other endeavour; or that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, sexual or implied sexual activity or preferences, social issues, physical or mental abuse, substance abuse, crime, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Material.
6. Use any Material, in whole or in part, as a logo, trademark or an element thereof.
7. Under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
PART II
You attest that the information you provide to Z Stockphoto is accurate and true, including without limitation all credit card information
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.
C. You understand and agree that Z Stockphoto may, in its sole discretion:
1. Monitor your download activity from Z Stockphoto as often as Z Stockphoto determines under its sole discretion for any reason and for any violation of this Agreement.
2. Disable any account that engages in what Z Stockphoto 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.
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Z Stockphoto sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
4. Investigate any abuse of your username and password in connection with the Z Stockphoto website or in connection with this Agreement.
5. 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.
6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Z Stockphoto, 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 Z Stockphoto Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. Z Stockphoto and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS. Z Stockphoto, its employees, directors, and officers and anyone else associated with Z Stockphoto makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Z Stockphoto further makes no representation or warranty that your usage of Z Stockphoto will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Zstockphoto.com, you do so at your own risk.
E. Z Stockphoto, its employees, directors, and officers, or anyone else associated with Z Stockphoto 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. Z Stockphoto, 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 Z Stockphoto, and for accessing, acquiring, and/or using Materials from Z Stockphoto.
F. 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.
G. You agree to fully, indemnify, and hold harmless Z Stockphoto, its employees, directors, officers, and any other entity associated with Z Stockphoto, 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.
LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, Z Stockphoto MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY Z Stockphoto WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. Z Stockphoto DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT Z Stockphoto WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL Z Stockphoto OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF Z Stockphoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF Z Stockphoto OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Z Stockphoto reserves the right to modify or terminate these Terms of Use without notice, if, in Z Stockphoto sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof.
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