Terms & Conditions
IMAGEPICK SITE USAGE AGREEMENT
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND IMAGEPICK INC (“ImagePick”). If you do not agree to accept and abide by these terms you should not access or use this web site.
If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement.
ImagePick may revise and update these terms at anytime and without notice. Your continued access or use of this web site after any such changes are posted will constitute your acceptance of these changes.
This Agreement is in addition to your obligations under the applicable End User License Agreement you may enter into on licensing an image from this Site.. In the event of any conflict between this Agreement and the end user license agreement, the End User License Agreement will control as to the conflicting terms.
By using this web site and/or registering, you warrant that you are 18 years of age or older.
Permitted use of this web site
This web site is owned and operated by ImagePick. All images and related informational materials in any medium furnished by ImagePick, including related text, captions, or information (collectively referred to as “Content”), is owned by ImagePick or our Content suppliers and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights.
Except as explicitly permitted under this Agreement or the applicable End User License Agreement (if any), no portion or element of this site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of ImagePick.
FOR THE PROTECTION OF IMAGEPICK AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM IMAGEPICK AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to ImagePick’ use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool.
You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this site. Your use of this site and any Content shall comply with all applicable law.
ImagePick reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from ImagePick.
ImagePick may restrict or remove Content from this web site for any reason, and you agree to immediately discontinue all use of the Content upon notification from ImagePick.
Permitted Comp Usage
Conditioned on your compliance with this Agreement, ImagePick grants you a limited personal, nontransferable, nonexclusive license to download Content consisting of watermarked screen images solely for evaluating whether you wish to purchase a license to the image according to ImagePick Content License Agreement applicable to your use (“Comps”). You may use Comps solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license for the Content. You may not use a Comp image 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. Except for this limited, internal testing and sample use, ImagePick grants you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the comp outside the scope of this Agreement.
Unless you have entered into a separate agreement with ImagePick, such as an End User License Agreement, any other use of the Content without ImagePick’s written permission is prohibited.
Should you wish to acquire a license to use an image beyond the limitations above you must use ImagePick’s online licensing system or email us at sales@imagepick.com
Children
Minors and children (persons under the age of 18) are not eligible to use this web site unsupervised and we ask that minors and children do not register or submit any personal information to us.
Privacy
ImagePick’s Privacy policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult ImagePick’ Privacy policy for specific information on ImagePick policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.
Privacy
ImagePick is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have privacy policies and practices explaining how we collect, use and disclose the personal information of those individuals who visit our website - these are set out in our Privacy statement on the web site.
Termination
ImagePick may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the End User License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at ImagePick’ request, return all such copies to ImagePick.
Trademarks
You may not use the trademarks or service marks of ImagePick or those of the represented collections without ImagePick’s or the respective collection’s prior written consent. “ImagePick,” and the ImagePick logo, among others, are trademarks of the ImagePick Inc. Other product and company names mentioned on the Site will be trademarks of their respective owners.
Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this web site.
ImagePick shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this web site or your downloading of any of the Content from this web site.
Linked web sites
As a convenience, our web site may link to other sites that may be of interest to you but are not under ImagePick’ control. These links do not imply endorsement by ImagePick and we are not responsible for the availability of or the content contained in any linked site. ImagePick shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party web sites or other linked services.
Disclaimer
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and its Content may include historically and culturally important images 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 Content 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 ImagePick. 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 counsel.
Limited Liability
IMAGEPICK PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER IMAGEPICK NOR ANY IMAGEPICK SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS WEB SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL IMAGEPICK' OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED $100. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify and hold harmless ImagePick and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users
Refund policy
All royalty-free single images downloaded from the web site are refundable within 14 days of download, subject to you providing ImagePick with evidence that you have not utilised the image in any way. Refunds are at the sole discretion of ImagePick.
Notification of Copyright Infringement
ImagePick may terminate the rights of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send ImagePick a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit ImagePick to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ImagePick should in the first instance be emailed at service@imagepick.com
Miscellaneous
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.
The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language.
In any dispute between ImagePick and you, ImagePick shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
This Agreement (along with ImagePick’ Privacy Policy and the ImagePick End User License Agreement, if applicable) constitutes the entire agreement between the parties.
No action of ImagePick, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement.
This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of ImagePick, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by ImagePick. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.
You may not assign or transfer this Agreement without ImagePick’ prior written consent.
If you are unsure of your rights or obligations under this Agreement do not use the web site and contact ImagePick by e-mail at service@imagepick.com.