IStock Worship Image
The IStockWorshipImage.com, Inc.
By downloading any files, images, illustrations, animations, video, design, layout, or text. (hereinafter referred to as “Works”) available on IStockWorshipImage.com (hereinafter referred to as “Website”) , end-user (otherwise listed herein as “Member”) hereby agrees to the following terms and conditions as outlined herein, and as listed elsewhere on the Website:
This agreement is made by and between IStockWorshipImage.com, Inc. (hereinafter referred to as “Corporation”) and a Member who creates an account for the right to access, acquire, and use certain Works from the Website.
By downloading any Works from the Website, the Member is asserting the declaration that the Member has read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on the Website.
Terms of Use and Conditions as defined below:
A. Member’s Rights to Works from the Corporation.
The Member agrees to access, acquire, and use any Works as follows:
1. These Terms and Conditions constitute a legal Agreement between the Member and the Corporation.
2. The Corporation grants the Member a nonexclusive, nontransferable license to download, use, modify, publish, and display any Works according to the defined Terms and Conditions of this Agreement.
3. The Member may access, acquire, and use Works downloaded from the Website subject to these Terms and Conditions in the following manner:
a. In the development and creation of the Member’s 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’s 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 an office presentation and layout for the Member’s business, in other words, for decor in an office, lobby, retail store, or public area.
e. In a PowerPoint presentation, however, use of Works in this medium must include an explicit statement in an easily identifiable location in this presentation noting that some Works contained in this presentation are the copyrighted property of the Corporation. As such, these Works are being used under a license from said entities, and may not be copied or downloaded without explicit permission from the Corporation.
f. As part of a design element of a website, video, film, television broadcast, CD-ROM cover, or video game. However, the Member may not, under any circumstances use Works from the Website in any of the Member’s template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. The Member may however use Works in client websites that are not distributed through an archive or automatic system.
B. Member’s Restrictions on the Use of Corporation Works. The Member agrees not to access, acquire, or use our Works in any of the following manners:
1. The Member may not at any time share, sell, give, or allow anyone to use his/her username/password, nor access your account for any reason.
2. The Member may not distribute, share, sell, or give away any of the Works at any time for any reason whatsoever.
3. The Member may not distribute Works electronically or in hard copy form, except as specifically outlined in the Member’s Rights to Works from Corporation section of this Agreement.
4. The Member may not use any of Works downloaded or obtained from the Website in any Member’s template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. The Member may however use the Works in client websites that are not distributed through an archive or automatic system.
5. The Member may not allow or authorize any third party to use Works for any purpose at any time or resell, sublicense, or otherwise make available Works for use or distribution separately or detached from a product or the Website.
6. The Member may not use any downloadable software, internet accelerators, or other similar software or automated programs to access or download any materials from the Website at any time.
7. The Member may not under any circumstances use Works in connection with any illegal, obscene, immoral, or pornographic material.
C. The Member understands and agrees that the Corporation may, in its sole discretion:
1. Monitor the Member’s download activity from the Wesite as often as the Corporation determines under its sole discretion for any reason and for any violation of this Agreement.
2. Disable any account that engages in what the Corporation 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 the Member, as the Corporation 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 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 the Member’s account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on the Website, without notice. If the Member’s account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or Works, the Member loses all rights to Corporation Works, and the Member must immediately delete any and all Works obtained prior to this termination, and forfeit all fees paid.
D. The Member understands that any unauthorized use of any of these Works by the Member may be an infringement upon said copyright.
E. The Website and all Works are made available to the Member AS IS, AS AVAILABLE, and WITH ALL FAULTS. The Corporation, its employees, directors, and officers and anyone else associated with the Corporation makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. The Corporation further makes no representation or warranty that a usage of the Website will be uninterrupted, error free of computer viruses, or other damaging materials. When the Member logs into the account, and accesses the Website, the Member does so at the Member’s own risk.
F. The Corporation, its employees, directors, and officers, or anyone else associated with the Corporation 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 Works. The Corporation, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by the Member for accessing or using the Website, and for accessing, acquiring, and/or using Works from the Website.
G. AGE OF MAJORITY. The Member warrants and attests that the Member is of the age of majority, and that his/her signature shall serve as confirmation and attestation to this statement. The Member further agrees that the Member fully understands the contents, meaning, and impact of this agreement. The Member will not use these Works in any way that is not permitted in this Agreement or in violation of this Agreement. His/her use of these Works will not violate any applicable law or regulation of any country, state, or other governmental entity. The Member further attests that the information the Member provides to the Corporation is accurate and true, including without limitation all credit card information (Not sure if the term “age of majority exists”. Usually legal documents use “minors” for persons under 18 and “adults” for persons over 18)
H. The Member agrees to fully indemnify, and hold harmless the Webite, its employees, directors, officers, and any other entity associated with the Corporation, 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 the Member’s use of Works 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. The Member acknowledges 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 Member and The Corporation with respect to the matters expressly set forth in this agreement.
J. The Member agrees, attests, and reaffirms Member’s agreement to the terms listed herein and to conduct all transactions electronically.
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