IMAGE USAGE POLICY
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What are "Royalty-Free" photos?
Each stock photo in the Stock Imagery collection is offered as a Royalty Free Photo. When you license a Royalty-Free photo, you pay a one-time fee for an image. You can then use the image for different projects for an unlimited time period. You cannot sell a royalty free photo to someone else. You can include a royalty free stock photo as part of a product like the cover of a CD, graphics in software, etc.
What Are Stock Images?
Stock images are photos and illustrations already taken by professional photographers and offered for licensing with prices based on how the images will be used. People who need to quickly find a graphic images to use in a direct marketing piece, brochure, or other project can search for stock images from our library.
Assignment work is an alternative to using stock images. Then you hire a photographer or illustrator to work on a project, just for you. They take the photos, review them with you, make changes, etc. You don’t see the images until the work is done and you might not get exactly what you want.
Who owns Stock Images?
At Reel Stock Images, the photographer owns stock images and we represent their work. You buy a license to use the stock images, but you do not own them and cannot resell them.
How can I use Stock Images?
After you pay to license stock images at Reel Stock Images, you can use the photo for any purpose and time frame. After you pay for your license, you can download the stock images for immediate use.
Royalty Free End-User License Agreement
The following is a legal Agreement between you (the "Licensee") and Reel Stock Images.
Please read this Agreement carefully before using or downloading any Royalty Free Image (the "Image" or "Images"). By downloading an Image, you agree to be bound by this Agreement.
1. The Image(s) are copyrighted, proprietary and protected by United States law, international treaty provisions and other applicable laws. All rights not expressly granted are reserved. Your right to use the Image(s) is conditioned upon your payment of any applicable fee prior to use and your compliance with the terms of this Agreement.
2. By this Agreement, Reel Stock Images grants you a non-exclusive, non-transferable right to use the Image(s) solely in:
A. "Printed Materials," as part of advertisements; editorial or promotional copy; brochures; reports; newsletters; packaging; and items intended for resale or complimentary distribution that incorporate the Image(s) in their design such as books, clothing, calendars, and CD packaging;
B. "Online and Broadcast Video Media," limited exclusively to World Wide Web site display, online display and broadcast video; provided however that only low-resolution versions of Images (no greater than 640 x 480 pixels - 72 dpi) may be displayed on any World Wide Web site or online.
3. You may modify, adapt or create derivative works and publish the Image(s) in or on Printed Materials, Online and Broadcast Video Media, and Offline Digital Media, provided all conditions of this Agreement are met, including section 5G (below). Your use of the Image(s) is not limited by the number of items produced, circulated or sold.
4. You may only use the Image(s), or include the Image(s) in Printed Materials, Online and Broadcast Video Media or Offline Digital Media that are created for yourself, or for your employer, direct client or customer, who must be the end-user of your work.
5. This Agreement specifically does not permit you to:
A. Loan, rent, sell, sub-license, lease, or otherwise transfer the right to use the Image(s) to any other person or entity, except to the extent that any such Image has been incorporated by you into Printed Materials, Online and Broadcast Video or Offline Digital Media. Images may not be distributed or sold individually - they must be incorporated into these items;
B. Use or copy any Image (or any portion thereof) in any manner, except as permitted by the express terms of this Agreement;
C. Use any Image in any form of pornography, or in a defamatory, fraudulent or illegal manner;
D. Use the Image(s) on more than one computer at a time (multiple use), or on a network system without first obtaining a license upgrade from Reel Stock Images;
E. Distribute any Image on a computer bulletin board or any other form of online or Internet-accessible service except as expressly permitted herein;
F. Use any Image or any portion thereof as a trademark or service mark, or claim any proprietary rights in any Image, or any portion thereof; or
G. Produce any advertising or promotional material containing any Image with the intent to promote an image product or to promote a business that is an image provider.
6. You agree to indemnify, hold harmless and defend Index, and its employees, directors, suppliers, agents and affiliates, against any damages or liability of any kind including attorneys’ fees arising from any use of any Image other than the permitted uses specified in this Agreement.
7. Neither Reel Stock Images or any of its directors, employees, suppliers, agents or affiliates shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, any Image.
8. This Agreement shall be governed by the laws of the State of Texas without regard to conflict of laws rules. Venue for any action respecting this Agreement, any Image, or their use or attempted use shall be in the State and Federal courts sitting in Johnson County, Texas, and you hereby consent to the jurisdiction of such courts.
9. Additional rights and/or upgrades are available. If you are unsure of your rights under this Agreement, please contact customer service at reelentertainment@hughes.net
General Information.
Unless otherwise indicated, all rights managed licenses are one-time, non-exclusive and for one year. All royalty free licenses are granted in perpetuity and subject to terms stated in section 16. Reel Stock Images STOCK IMAGERY LICENSING TERMS AND CONDITIONSThis document together with any Invoice (as defined) provided now or hereafter (collectively, the "Agreement") govern your rights and obligations concerning delivered Image(s).
1. Definitions. "You" means the Client. "REEL STOCK IMAGES" means Reel Stock Images. "Image" means any image and associated material provided by REEL STOCK IMAGES. "Digital Image" means any Image provided in digital format except for a Royalty-Free Image. "Film-based Image" means any positive or negative transparency, slide or print. "Royalty-Free Image" means any Image that REEL STOCK IMAGES identifies in writing as royalty-free. "CD" means any CD-ROM containing Royalty-Free Images. "Invoice" means a physical or electronic invoice that grants usage rights for a stated fee to an Image identified by Image Number.
2. Acceptance. You will be deemed to have accepted the entirety of the Agreement upon your: a) using REEL STOCK IMAGES online systems or websites; b) receipt of an Image; c) using a CD; and/or d) paying any fee.
3. Grant. Upon issuance of an Invoice, REEL STOCK IMAGES will grant you a non-transferable license (a "License") strictly limited to the Invoice¹s express terms and conditioned upon: a) your acceptance of all the terms of the Agreement; b) your obtaining all necessary releases and permissions; and c) your timely payment of all fees. No License shall be granted, and any previously granted License terminated, upon your failure to agree to, or your breach of, any terms of the Agreement. Usage terms for Royalty-Free Images will additionally be governed by Paragraph 17. REEL STOCK IMAGES reserves all rights not expressly granted.
4. Unlicensed Use. Without a License, Images are provided solely for your review, and you may not tamper with. If you make, or if you knowingly or negligently permit any third party to make, any unauthorized use of an Image including a use that exceeds your License, you will be liable for three times the market value of such use, plus reasonable legal fees and costs. This paragraph shall not limit any other rights or remedies of REEL STOCK IMAGES.
5. Restrictions on Use. Unless stated in writing, Images are licensed with no rights protection on a non-exclusive basis. Except for Royalty-Free Images, usage is strictly limited to the restrictions specified on the Invoice. Except as permitted in writing, you may not prepare derivative works or composite images; or license, sublicense or transfer any right to any Image.
6. Payment. Payment is due or upon receipt of Invoice. Payments later than 30 days from receipt are subject to late fees of the lesser of 2% percent per month or the maximum legal rate.
7. Returns. Immediately upon the termination of your permitted use, you shall provide REEL STOCK IMAGES with written confirmation of the destruction or erasure of any Digital Image. A holding fee $20 per week will be charged for each Image not destroyed or erased with written confirmation, as required.
8. Ownership. The Images are the property of REEL STOCK IMAGES and/or its suppliers. You shall not acquire any right, title or interest to any Image,or portion thereof, except as expressly granted in writing.
9. Copyright Notice. Images published for editorial, educational or non-promotional use shall include a copyright notice. If you omit such notice, you shall pay liquidated damages of triple the stated License fee.
10. Trademarks. Except as part of required copyright notices, you may not use REEL STOCK IMAGES trade or service marks without written consent. You may not use any Image or portion thereof as a trade or service mark.
11. Releases. No releases exist unless stated in writing or provided by REEL STOCK IMAGES. NOTWITHSTANDING THE FOREGOING, REEL STOCK IMAGES DISCLAIMS ALL WARRANTIES CONCERNING THE VALIDITY OF ALL RELEASES. IF REEL STOCK IMAGES ERRONEOUSLY ASSERTS THE EXISTENCE, SCOPE OF OR VALIDITY OF A RELEASE, REEL STOCK IMAGES LIABILITY IS LIMITED TO THE USAGE FEE PAID FOR THE APPLICABLE IMAGE. You are solely responsible for and shall obtain necessary releases concerning the subject matter of the Images and the rights to any proprietary material depicted therein. REEL STOCK IMAGES grants no rights until you obtain all necessary releases, and you will provide proof thereof upon request.
12. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED IN WRITING, REEL STOCK IMAGES DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES CONCERNING ANY IMAGE AND CONCERNING REEL STOCK IMAGES ONLINE SYSTEMS OR WEBSITES INCLUDING WITHOUT LIMITATION:
A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF UNINTERRUPTED SERVICE;
B) WARRANTIES CONCERNING AN IMAGE¹S SUBJECT MATTER OR UNDERLYING RIGHTS TO PROPRIETARY MATERIAL DEPICTED THEREIN;
C) WARRANTIES CONCERNING THE ACCURACY OR VALIDITY OF ANY RELEASES, CAPTIONS OR OTHER INFORMATION PROVIDED WITH AN IMAGE;
D) WARRANTIES CONCERNING THE USE OF NAMES, TRADE OR SERVICE MARKS, LOGOS, DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE; AND
E) WARRANTIES CONCERNING THE FORMATTING OF A DIGITAL IMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR RECEIPT OF A DEFECTIVE DIGITAL COPY IS THE REPLACEMENT OF THE DIGITAL COPY OR REFUND OF FEE, AT REEL STOCK IMAGES OPTION.
13. Indemnification. You may not use any Image in any manner, or in connection with any material, that is unlawful, defamatory, obscene, pornographic or that infringes any trade or service marks, rights of privacy or publicity, or other rights of third parties. You will indemnify, defend and hold harmless REEL STOCK IMAGES, its affiliates, suppliers, and their agents (collectively, "Affiliates") against all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from or relating to: a) any breach by you of the Agreement; b) any alteration or unauthorized use by you of any Image; c) any claim of infringement of a third party¹s right to privacy or publicity, where i) Reel Stock Images has not expressly asserted in writing the existence of a release; or ii) your use exceeds the use permitted by any existing release.
14. LIMITATION OF LIABILITY. NEITHER INDEX NOR ITS AFFILIATES SHALL BE LIABLE FOR:
A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR LICENSE OF ANY IMAGE, EVEN IF REEL STOCK IMAGES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR B) FOR ANY DAMAGES WHATSOEVER FOR THE USE, OR INABILITY TO USE, ANY ROYALTY-FREE IMAGE. IN NO EVENT SHALL REEL STOCK IMAGES OR ITS AFFILIATES¹ LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE SUM PAID BY YOU TO REEL STOCK IMAGES FOR THE USE OF THE RESPECTIVE IMAGE. Some disclaimers and Limitations of liability might not apply to you to the extent they are not permitted by local law.
15. Condition of Images. You agree to carefully examine each Image for physical defects before use or reproduction. NEITHER REEL STOCK IMAGES NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM ANY PHYSICAL DEFECT IN ANY IMAGE, IN CONNECTION WITH USE OR REPRODUCTION
16. Royalty Free Terms. For Royalty-Free Images, the terms of this paragraph shall apply in addition to the other terms of the Agreement; this paragraph¹s terms shall prevail in the event of any conflict. For Royalty-Free Images, Reel Stock Images grants you a non-exclusive, non-transferable right to use solely in: a) "Printed Materials," as part of promotional, packaging or editorial material, and in items intended for distribution that incorporate the Image(s) in their design; b) "Broadcast Video"; and c) "Digital Media" (limited to display resolutions less than 640 x 480 pixels72 dpi) in or as part of World Wide Web sites, or of computer, software, audiovisual, multimedia or CD-ROM products. Additionally, you may modify or create derivative works from the Royalty-Free Images if all conditions of the Agreement are met. You may only use the Royalty-Free Image(s) in work that is created for you, or for your employer, direct client or customer, who must be the end-user of your work. The Agreement does not permit you to:
i) Loan, license, or transfer the right to use the Image except to the extent that a Royalty-Free Image is incorporated by you into Printed Materials, Broadcast Video or Digital Media; ii) or any Image(s) on more than one computer, or on a network system; iii) Distribute the Image on a computer bulletin board or any online or Internet service except as expressly permitted; or iv) Use any Royalty-Free Image to promote an image product or a business that is an image provider.
17. Miscellaneous. REEL STOCK IMAGES may upon reasonable notice inspect your records to ensure compliance hereof. The Agreement inures to the benefit of and is binding upon the parties and their heirs, successors, assigns, and representatives. No failure of a party to exercise or enforce rights hereunder will act as a waiver of those rights. The Agreement contains all the terms of the agreement between the parties concerning its subject matter, and it supersedes any prior agreement. The Agreement may only be modified, or any rights under it waived, by a writing executed by the party against whom such modification or waiver is asserted. The Agreement shall be governed by Texas law without regard to choice of law principles. The parties consent to the exclusive jurisdiction of the courts located within Johnson County to resolve any disputes arising hereunder. You shall be responsible for REEL STOCK IMAGES reasonable attorney¹s fees, witness fees, and other costs arising from your breach of the Agreement. Any invalidity or unenforceability of any provision hereof shall not modify or affect any other term or provision. Headings are for convenience only and shall not be used to construe the Agreement. You may not assign the Agreement or transfer any right to use an Image. Time is of the essence in the performance of your obligations under the Agreement.
18. Additional rights and/or upgrades are available. If you are unsure of your rights under the Agreement, please contact customer service at reelentertainment@hughes.net
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