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JewishStockPhotography.com LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU MUST ACCEPT THESE TERMS AND CONDITIONS IN ORDER TO ACCESS AND USE ANY IMAGE(S) ON THIS WEBSITE. DOWNLOADING AND/OR USING ANY IMAGE(S) FROM JewishStockPhotography.com INDICATES THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS AND CONSTITUTES A LEGAL CONTRACT/AGREEMENT BETWEEN YOU AND JewishStockPhotography.com. JewishStockPhotography.com reserves the right to change any part of this Agreement at any time. As such, You agree to be bound by such changes. If You do not agree to the terms and conditions below, which are subject to change and amendment, You should not download or use any Image(s).
By downloading or using any Image or Material from this website, You hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on this website:
THIS IS A LEGAL AGREEMENT BETWEEN YOU, ANY COMPANY BY WHOM YOU ARE EMPLOYED, AND ANY COMPANY, BUSINESS, FIRM, ORAGANIZATION, OR CLIENT YOU REPRESENT, AND JewishStockPhotography.com, a division of Binyamin Photography.
Definitions:
“Materials” and/or “Image(s)” from our website will constitute and be defined as any photograph, image, scan, design, verbage, or layout represented or displayed on the JewishStockPhotography.com website or on a product created using our "Materials", regardless of whether the Images are obtained via download from the JewishStockPhotography.com Website, copying/comping from JewishStockPhotography.com, or delivered by any other means to the User.
“User” or "You" shall mean the individual or person(s) who represents himself or herself, or represents any company by whom such individual is employed, or any company, business, firm, organization, legal entity, client, etc. such individual represents who accesses and/or downloads, copies, or purchases "Materials" from this website or through an authorized dealer. "User" also includes any individual with access to purchased Images within the guidelines of the seat license who modifies any Image or is involved in the use of the Image. Users are limited to the use of Images within the terms and conditions of this agreement.
Terms of Use and Conditions as Defined Below:
A. User’s Rights to Images from JewishStockPhotography.com. You agree to acquire and use our Images in the following manner:
- These terms and conditions constitute a legal agreement between You and JewishStockPhotography.com
- Number of Users:
- Unless stated elsewhere or agreed upon outside of this agreement, each Image is sold with a three (3) User seat license for the use of the Images. This license does not permit the User to allow simultaneous use of the Image(s) by the seat Users. Only one (1) User may access or use the Image(s) at a single time with up to a maximum of three (3) Users (within the same company, business, firm, organization, legal entity, client, etc. entering into this agreement) who may access or use the Image(s).
The Licensee may allow the Image(s) to be used on up to no more than three (3) computers within the same company, business, firm, organization, legal entity, client, etc. for use by one (1) person at a time. The Image(s) are not to be placed on a network server.
JewishStockPhotography.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials/Images according to the defined Terms and Conditions of this Agreement.
B. User's Permitted Uses, subject to terms of section C. of this contract. You may access, acquire, and use the Materials downloaded from JewishStockPhotography.com or obtained from an authorized dealer subject to these terms and conditions in the following manner:
- As part of an offline presentation, meaning in menus, magazines, books, etc so long as the Image(s) is not the end-product itself.
- As part of an online presentation (wesite), so long as the Image(s) is not displayed at a resolution greater than 72 dpi.
- In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
- 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 “Images contained in this presentation are the copyrighted property of JewishStockPhotography.com As such, these Images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from JewishStockPhotography.com.
- 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. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
- You must comply with the credit and copyright procedures set out below in section I. of this agreement below.
- You may modify or alter the Image(s) as necessary for your use, provided that if doing so leads to the production of a derivative work, the rights to such derivative work shall belong exclusively to JewishStockPhotography.com or its providers/photographers. If requested by JewishStockPhotography.com, You agree to relinquish such rights in writing, including copyrights, at no cost to JewishStockPhotography.com.
- Use the Image(s) in any items for personal use provided such use is not intended to allow the re-distribution or re-use of the Image(s).
- Use the Image(s) for any other uses not stated here within this agreement approved in writing by JewishStockPhotography.com.
C. User’s Restrictions on the Use of JewishStockPhotography.com Materials. You agree not to access, acquire, or use the Materials of this website 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 sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).
- You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User’s Rights to 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, defamatory, libelous, fraudulent, or pornographic material. JewishStockPhotography.com reserves the right to determine what uses are illegal, obscene, immoral, defamatory, libelous, fraudulent, or pornographic.
- The use of Images is limited to the buyer. If You are part of or a branch of a local, regional, national, or international business, firm, company, organization, legal entity, client, etc, you may not share any Materials, including Images, from JewishStockPhotography.com with other branches of your organization. The use of each image is limited to your branch.
- Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in preliminary design work or editorial work, is prohibited. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
- Use the Image(s) to compete with JewishStockPhotography.com, either directly or indirectly, through a similar or competing business is prohibited.
- Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Website templates, software products, e-greetings, etc, is prohibited.
- Use Image(s) as part of any use involving subject matters deemed sensitive, as determined by JewishStockPhotography.com, including but not limited to the following: all sexual issues and matters involving such (sexually transmitted diseases), substance abuse, alcohol, drugs, and tobacco, without advance written consent from JewishStockPhotography.com. Sensitive subject use pertains to both commercial and editorial uses. Contact JewishStockPhotography.com for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters
- Use the Materials, or any part of them, as part of a trademark or logo is prohibited. JewishStockPhotography.com or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights
- You may only adjust the image in terms of lighting for brightness to provide the proper needs for your printing and crop a part you would like to use.
- Use any of the Images for any commercial purposes in excess of 10,000 printed copies without explicit written permission and additional payment is prohibited. Contact us for such requests.
- Use the image(s) in any item for resale, (retail photo products), including calendars, consumer merchandise (T-shirts, posters, art, mugs, etc.) is prohibited. Contact JewishStockPhotography.com in order to obtain a license to use an Image for such a purpose. Further, Images may not be used to make a photographic-genre book (ie "coffee-table book") without written permission from JewishStockPhotography.com.
D. Additional Terms
- JewishStockPhotography.com requires the copyright attribution be inserted as outlined in sections F. and K. below. The use of an Image(s) without the copyright attribution as outlined in sections F. and K. below will be a violation of this contract. In such a case, JewishStockPhotography.com reserves the right to to charge and the User agrees to pay a fee equal to five (5) times the sale price of each image's license on thiss website, JewishStockPhotography.com.
- JewishStockPhotography.com reserves the right to (1) not permit use of any Image(s) for any reason whatsoever; and (2) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
- All other rights not expressly granted to you are reserved solely for JewishStockPhotography.com.
E. You understand and agree that JewishStockPhotography.com may, in its sole discretion:
- Monitor your download activity from JewishStockPhotography.com as often as JewishStockPhotography.com determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what JewishStockPhotography.com determines to be the download of a large number of photos on any given day unless prurchased, 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 JewishStockPhotography.com 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 JewishStockPhotography.com 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 JewishStockPhotography.com, 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 JewishStockPhotography.com Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
F. Copyright:
- The Image(s) are copyrighted and protected under the laws of the United States of America, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of JewishStockPhotography.com, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of this License Agreement. Use of the Images without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement. You understand that Materials are copyrighted and owned by JewishStockPhotography.com only, or their liscencors, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
G. JewishStockPhotography.com and all Materials are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” JewishStockPhotography.com its employees, directors, and officers and anyone else associated with JewishStockPhotography.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. JewishStockPhotography.com further makes no representation or warranty that your usage of JewishStockPhotography.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access JewishStockPhotography.com, you do so at your own risk. Upon purchasing an image, the link you receive for its available download will be valid for only 24 hours. If you neglect to download the image in that time, JewishStockPhotography.com will not be able to provide you the new link without an additional puirchase of the image. H. JewishStockPhotography.com, its employees, directors, and officers, or anyone else associated with JewishStockPhotography.com 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. JewishStockPhotography.com, 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 JewishStockPhotography.com, and for accessing, acquiring, and/or using Materials from JewishStockPhotography.com. I. 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 JewishStockPhotography.com is accurate and true, including without limitation all credit card information J. You agree to fully, indemnify, and hold harmless JewishStockPhotography.com, its employees, directors, officers, and any other entity associated with JewishStockPhotography.com 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. K. ATTRIBUTION/CREDIT LINE AND COPYRIGHT NOTICES. JewishStockPhotography.com requires that with the use of Images, You attach a copyright notice and credit adjacent to each image in the following format or on a credit page: "© [insert current year] photographer's name/JewishStockPhotography.com". If you fail to provide such copyright notice and credit with the use of an image, JewishStockPhotography.com may, at its discretion, refuse future sale of images to you and pursue legal channels for possible copyright infringement, if applicable. Furthermore, JewishStockPhotography.com may charge you a fee as outlined in section D.1 above. When our images are used in footage, the buyer is required to provide credit to JewishStockPhotography.com in the on-screen credits or production.
L. TAXES. You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of the Image(s), pursuant to this Agreement. JewishStockPhotography.com does not collect the taxes applicable on purchases made by You, the buyer.
M. 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. N. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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