Site Usage Agreement

 

 

Site Usage Agreement

 

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on market trends.

By using this site or downloading, using any media you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site. our agreement is in the English language which you may translate in the language of your choice but we shall always honour and are bound by the contract in this page in English language and this shall prevail over any other translation.

Use of this site

This site is owned and operated by the owners of imagecourt.com. All Media, audio and video material and related informational materials in any medium provided by imagecourt, including related text, captions, or information (collectively referred to as Media) are owned by imagecourt. All Media is protected by Indian and international copyright laws.

This siteallows you to search for, view, and use Media only for searching purpose. If you have registered for a Imagecourt account you may be able to download the media after paying the amount assigned to that media. Imagecourt reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Imagecourt. All rights not specifically granted under this Agreement are reserved to Imagecourt. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.

Imagecourt may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. Imagecourt may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Imagecourt.

 

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Imagecourt or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Imagecourt makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Acknowledgements, Representations, and Warranties

By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

a. Imagecourt provides access to an online service comprising information and materials created and posted by You and other users.

b. Media on the Website that is available for license is stored on Imagecourt`s servers at the direction of Imagecourt`s users.

c. Any modification of Media uploaded by Imagecourt`s users, such as the addition of a Imagecourt watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the "author” of such automatically modified Media. Imagecourt is not responsible for modifications that occur to Media as part of its automatic posting process.

 

d. Any review of uploaded Media that may be performed by Imagecourt before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on Imagecourt`s servers.

e. Imagecourt has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.

f. Imagecourt correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.

g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, Imagecourt cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.

h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, Imagecourt does not derive a direct financial benefit from any particular Media. Imagecourt`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by Imagecourt`s users.

i. Imagecourt has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and Imagecourt has no control over such activity.

j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, Imagecourt has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, Imagecourt relies entirely on properly presented notifications from third parties claiming that their rights have been violated.

Use of Media

Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).

Conditional upon your compliance with this Agreement, Imagecourt grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Imagecourt grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.

Registering for an account

Registering For A Imagecourt Account

To obtain access to our Media as well as download any Media, you have to apply for a Imagecourt account and you agree to provide complete, true and accurate information. imagecourt reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by imagecourt.

You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify imagecourt of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify imagecourt of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any imagecourt account or web site or related services.

At anytime, you may request your account access to be restricted, but Imagecourt reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Imagecourt admin staff, for legal purposes.

You can download Media using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company`s own projects or clients and cannot be transmitted to another party. If the Media is to be used by more employees, then an Unlimited Extended License (U-EL) is required.

None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Imagecourt`s separate written consent.

Royalty-Free License

What Royalty-Free means is that you pay for the Media only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 10,00,000 copies.

The Royalty-Free license is granted ONLY for the non-watermarked Media you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

The free files downloaded from the Free Photos section may be used in commercial projects under our limited Royalty Free (RF-LL) license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.

Royalty- Free License of use of Non-Watermarked Media and Restrictions

The high-resolution Media that you download under the regular Royalty Free (RF) license may be used to make fine art prints, to illustrate and visually enhance website pages and headers, magazine pages and articles, newspapers, books, ebooks and booklets, book/ebook covers, flyers, blog articles, newsletters, documentaries and motion pictures, application software (apps), social media posts and any other advertising and promotional material, in either printed or electronic media, as long as the item in which the Media appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the Media in a correct way please email support using the help form.

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the Media in an essential manner, intended to be sold are considered redistribution (if the Media is used in an essential manner). The use of Imagecourt.com Media for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the Media available on a website for download (as wallpapers for example), although you may use the Media in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the Media at a width exceeding 1080 pixels unless it is included in your site`s design. If the Media is part of a design and manipulated accordingly, the Media width can be higher than 1080 pixels.

If you use the Media for printed materials, the number of copies must not exceed 10,00,000. You may modify the Media in any way required for reproduction, or include them in your own personal creations.

Buying the high-resolution Media (purchasing the license) does not transfer the copyright. You may not claim that the Media is your own and you may not sell, license for use, or in any way distribute the Media for reuse. We recommend that you credit the agency and the Contributor when you use an Media. By this you benefit the community at Imagecourt.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.

 

Royalty-Free license for using our Media

Limited Royalty Free Licenses (RF-LL) for using Media downloaded within the Free section of the website

Imagecourt offers a free section, fully searchable and constantly updated. Its use may be available to all registered users or to a specific niche of members, depending on the agency`s strategy. The Media downloaded from the free section may be used under the terms mentioned for the regular Royalty Free license, with a single additional restriction: the maximum amount of physical copies in any form is limited to 10,000 copies. If you exceed this amount and you already purchased credits you may request to download the Media under the regular RF license.

Editorial License:

The editorial section provides news worthy Media reflecting events from social, cultural and political scenes. Media downloaded under the Editorial section of our site, as well as Media downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply.

The Media that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image. Click here for Credit line requirements.

Special ethical considerations apply to editorial usage. When using or submitting editorial Media, you are solely responsible for any claims related to or arising from any visual adjustments of the Media. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Additional requirements for buyers:

Media included within the editorial section may include visible logos, or identifiable persons who didn`t sign a model release document. You are solely responsible for the usage given to such Media. Please consider that editorial Media are not meant for commercial usage and using them in a commercial context is against editorial terms.

Credit Line Requirements

All media used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice to each image used within editorial purposes.

Sensitive Subjects

Any license granted by Imagecourt shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without Imagecourt`s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact Imagecourt for additional information prior to any use of an Media with any sensitive topic.

Model and Property Releases/Clearances

With respect to Media for which you have purchased a license through Imagecourt, the rights that Imagecourt grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Imagecourt makes no representations or warranties that it owns or licenses any rights nor does Imagecourt grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, Imagecourt makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Imagecourt. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all Media used in different designs and that you must provide a well founded reason for your request and your Imagecourt username.

If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that Imagecourt determines that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 7 days from the download date have passed.

Disclaimers

IMAGECOURT PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER IMAGECOURT NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL IMAGECOURT`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.