Web Site Terms

Last Updated: April 2009

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Jupiterimages, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Jupiterimages for violations of these Site Terms.

Privacy Policy
Jupiterimages is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
This Site is owned by Jupiterimages, a division of Getty Images. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Jupiterimages Content"), is owned by Jupiterimages, its licensors, or its third-party image partners.

All elements of the Site, including the Jupiterimages Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site
This Site and the Jupiterimages Content are intended for customers of Jupiterimages. You may not use this Site or the Jupiterimages Content for any purpose not related to your business with Jupiterimages. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Jupiterimages Content without, or in violation of, a written license or agreement with Jupiterimages; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Jupiterimages Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Jupiterimages product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Jupiterimages Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Jupiterimages has adopted a policy of terminating, in appropriate circumstances and at Jupiterimages' sole discretion, account holders who infringe the intellectual property rights of Jupiterimages or any third party.

Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
Getty Images Legal Department
601 N. 34th Street
Seattle, Washington 98103
Phone: (206) 925-5000
Fax: (206) 925-5623
E-mail: copyright@gettyimages.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks
Jupiterimages Trademarks, the Jupiterimages logo, and any other product or service name or slogan contained in the Site are trademarks of Jupiterimages and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jupiterimages or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Jupiterimages" or any other name, trademark or product or service name of Jupiterimages without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jupiterimages and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a Jupiterimages logo or other proprietary graphic of Jupiterimages to link to this Site without the express written permission of Jupiterimages. Further, you may not frame any Jupiterimages trademark, logo or other proprietary information, including the Jupiterimages Content, without Jupiterimages' express written consent.

Jupiterimages makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Jupiterimages and Jupiterimages is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Jupiterimages provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Jupiterimages of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Jupiterimages shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social

Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of Jupiterimages, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Jupiterimages or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. Jupiterimages takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Jupiterimages liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Jupiterimages is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Jupiterimages has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Jupiterimages reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Jupiterimages may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Jupiterimages; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant Jupiterimages and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Jupiterimages and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Jupiterimages immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification
You agree to defend, indemnify and hold harmless Jupiterimages, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Jupiterimages Content, or your violation of any rights of another.

Disclaimer
THIS SITE AND THE JUPITERIMAGES CONTENT ARE PROVIDED "AS IS" AND JUPITERIMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. JUPITERIMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE JUPITERIMAGES CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT JUPITERIMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE JUPITERIMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE JUPITERIMAGES CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Jupiterimages uses reasonable efforts to ensure the accuracy, correctness and reliability of the Jupiterimages Content, but we make no representations or warranties as to the Jupiterimages Content's accuracy, correctness or reliability.

Jupiterimages offers a search feature within the Site. Jupiterimages explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Jupiterimages also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL JUPITERIMAGES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE JUPITERIMAGES CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JUPITERIMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JUPITERIMAGES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUPITERIMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JUPITERIMAGES FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Jupiterimages Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Jupiterimages' intellectual property rights, Jupiterimages may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, Jupiterimages reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Jupiterimages. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms
Jupiterimages reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Jupiterimages at sales@jupiterimages.com or by calling (206) 925-5000.

© 2009 Jupiterimages Corp. All rights reserved.

License Information

JUPITERIMAGES ROYALTY FREE LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT (in the case you are an agent acting for a single client), AS THE CASE MAY BE (COLLECTIVELY "YOU), AND JUPITERIMAGES CORPORATION. "JUPITERIMAGES" WHEN USED HEREIN SHALL MEAN JUPITERIMAGES CORPORATION, OR ITS WHOLLY OWNED SUBSIDIARIES INCLUDING, WITHOUT LIMITATION, BANANASTOCK LTD., JUPITERIMAGES S.L., HEMERA TECHNOLOGIES, INC., IFA BILDERTEAM GMBH, IT STOCK INTERNATIONAL LTD., JUPITERIMAGES (UK) LTD., JUPITERIMAGES FRANCE SAS, JUPITERIMAGES GMBH, JUPITERIMAGES PTY LTD., WORKBOOK, INC., AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND/OR DISTRIBUTORS, AS THE CASE MAY BE. THIS ROYALTY-FREE LICENSE AGREEMENT ("AGREEMENT") APPLIES, WITHOUT LIMITATION, TO THE JUPITERIMAGES WEB SITES CURRENTLY LOCATED AT: animationfactory.com, clipart.com, clipartconnection.com, cover.es, creatas.com, creatas.com.au, creatas.de, creatas.co.uk, jupitergreetings.com, jupiterimages.com, jupiterimages.fr, photos.com and ANY INTERNATIONAL OR OTHER VERSIONS OF THE FOREGOING, FUTURE JUPITERIMAGES WEBSITES AND/OR ANY IMAGE(S) DELIVERED VIA ANY STORAGE MEDIA.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM JUPITERIMAGES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND JUPITERIMAGES. JUPITERIMAGES reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).

LICENSE
1. Definitions:
  "Comp Usage" is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product.
  "Image(s)" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) are obtained via download from any JUPITERIMAGES Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a JUPITERIMAGES' authorized distributor, together with all accompanying metadata and other material.
  "Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.
  "User" shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that edits, manipulates or modifies the Image(s) or are otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers. All Users shall only use the Image(s) in accordance with the terms of this Agreement.
  "You" shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
2. Copyright:
  The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of JUPITERIMAGES, or its licensors. Use of the Image(s) is licensed, not sold, pursuant to the terms of this Agreement. Use of the Image(s) without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.
3. Grant:
  1. Paid License.
    1. JUPITERIMAGES grants you a perpetual non-exclusive and non-transferable license to use the Image(s) only as provided in this Agreement. SEE SECTION 13 BELOW FOR OTHER IMPORTANT TERMS AND LIMITATIONS THAT FORM PART OF THIS GRANT.
  2. Comp Use
    1. JUPITERIMAGES grants you the non-exclusive and non-transferable right to use Image(s) for Comp Usage for a period not to exceed sixty (60) days.
4. Number of Users (defined above):
  1. FOR IMAGES ACQUIRED BY PAY PER DOWNLOAD AND STORAGE MEDIA.
    UNLESS YOU ARE ACQUIRING IMAGES FROM THE PHOTOS.COM WEBSITE, YOU ARE GRANTED A TEN (10) USER SINGLE USE, SEAT LICENSE FOR USE OF THE IMAGES. THIS IS NOT A SIMULTANEOUS USE LICENSE. Only one (1) User may access or use the Image(s) at one time with up to a maximum of ten (10) Users (within the same legal entity entering into this Agreement) who may access or use the Image(s).
    Licensee may distribute Image(s) within a network or similar asset management system to no more than ten (10) computers/workstations within the same company or legal entity for use by one (1) person at a time. If the Image(s) are to be placed on a network server accessible by more than ten (10) computers/workstations, please contact your sale representative as you will require a multiple seat license.
    SEE SECTION 13 BELOW FOR ADDITIONAL IMPORTANT TERMS AND LIMITATIONS
  2. FOR IMAGES ACQUIRED BY SUBSCRIPTION OR COMP USE OR IMAGES FROM PHOTOS.COM.
    YOU ARE GRANTED A ONE (1) USER SEAT LICENSE FOR ACCESS TO THE SUBSCRIPTION OR USE OF THE IMAGES, AS APPLICABLE. THIS IS NOT A SIMULTANEOUS USE LICENSE. ONLY ONE USER MAY ACCESS THE SUBSCRIPTION WEB SITE, OR USE IMAGES FOR ANY COMP USE, AS APPLICABLE. YOU MAY NOT DESIGNATE ONE (1) USER TO ACCESS THE SUBSCRIPTION WEB SITE IF MORE THAN ONE (1) USER WILL USE THE IMAGES. IN SUCH CASES, PLEASE CONTACT YOUR SALES REPRESENTATIVE AS YOU WILL REQUIRE A MULTIPLE SEAT LICENSE.
5. Permitted Uses. You may, subject to Section 1(F) below:
  1. Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice pursuant to Section 1(G)(III).
  2. Use the Image(s) in any print or electronic media (except in computer software and electronic video and computer games which require a separate license. See Section F(IX) below), including advertising and editorial use, provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the image(s) apart from a product or service.
  3. Use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), except in computer software and electronic video and computer games, which require a separate license (see Section F(IX) below), provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the Image(s) apart from a product or service apart from a product or service.
  4. Modify or alter the Image(s) as necessary for your use, subject to the terms of Section 4, and provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of JUPITERIMAGES or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by JUPITERIMAGES, you agree to execute a written assignment of any such rights, including copyrights, at no cost to JUPITERIMAGES.
  5. Use the Image(s) as decor in an office, lobby, public area, restaurant, or retail store.
  6. Use the Image(s) as design elements in video, film, or television broadcasts.
  7. Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.
  8. Use the Image(s) for any other uses approved in writing by JUPITERIMAGES.
  SEE SECTION 13 BELOW FOR OTHER IMPORTANT TERMS AND LIMITATIONS
6. Prohibited Uses. You may NOT:
  1. Sublicense, distribute, transfer or assign rights to the Image(s).
  2. Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
  3. Copy or reproduce the Image(s), except as specifically provided for in Section 1(E).
  4. Remove any copyright, trademark or watermark from any place where it appears on the Image(s).
  5. Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
  6. Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. JUPITERIMAGES or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.
  7. Use the Image(s) to compete with JUPITERIMAGES. JUPITERIMAGES is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
  8. Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
  9. Use the Images(s) as part of a product in any electronic format intended for multiple distribution or licensing including, without limitation, templates, Web site templates, software products, including computer and/or video games and game consoles, e-greetings, etc. Contact templatelicense@jupiterimages.com to find out about a special license for such use.
  10. Use the Image(s), or resell the Image(s) for use, in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees. Contact bizdev@jupiterimages.com or information on reseller licenses.
  11. Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
  12. Without advance written consent from JUPITERIMAGES and any model in such Image(s), use Image(s) that include people as part of any sensitive subject matters, as determined by JUPITERIMAGES. See Website FAQs for examples. Sensitive subject use pertains to both commercial and editorial uses. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.
  13. Use the Image(s) beyond any limitations or restrictions noted on a JUPITERIMAGES Website.
  SEE SECTION 13 BELOW FOR OTHER IMPORTANT TERMS AND LIMITATIONS
7. Additional Terms:
  1. JUPITERIMAGES reserves the right to (i) not permit use of any Image(s) for any reason whatsoever; and (ii) 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.
  2. All other rights not expressly granted to you are reserved solely for JUPITERIMAGES.
  3. JUPITERIMAGES requests the copyright notice "Â© [insert current year] Jupiterimages Corporation" appear adjacent to the Image(s) or on a credit page.
  4. JUPITERIMAGES reserves the right to replace Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing products or services.
PAYMENT TERMS
You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. Any claims for adjustments must be made to JUPITERIMAGES within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys' fees. Refunds are governed by the terms of the individual service used. Please see Section 11 below for terms applicable to refunds in the event of cancellation.
TERMINATION
1. This Agreement is effective until it is terminated.
  1. This Agreement will terminate automatically, without notice from JUPITERIMAGES, if you fail to comply with any provision of this Agreement.
  2. You can terminate the licenses granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination may not effect payment obligations.
2. JUPITERIMAGES may, in its sole discretion: (i) monitor, as frequently as JUPITERIMAGES determines, anything you download from our Web sites, (ii) limit downloads to a fixed amount of downloads per 24 hour period so as to insure the best possible service to all subscribers to our Web sites, (iii) track any abuse of your username and password, (iv) suspend or terminate your account, without notice, if JUPITERIMAGES believes there is a violation of this Agreement, the Web Site User Agreement and/or any abuse of your username and password.
3. Upon termination of the license to use any Image(s) granted under this Agreement, you agree to (i) destroy all copies and archives of the Image(s), (ii) cease using the Image(s) for any purpose, and (iii) confirm to JUPITERIMAGES in writing that you have complied with these requirements. Please see Section 13(A) below for other terms also applicable to Subscription terminations.
WARRANTY AND LIMITATION OF LIABILITY
JUPITERIMAGES represent and warrants that the Image(s) or other Storage Media (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license.
1. DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 4(A) ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JUPITERIMAGES MAKES NO WARRANTIES FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES. JUPITERIMAGES GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. JUPITERIMAGES DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. JUPITERIMAGES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), JUPITERIMAGES' BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF JUPITERIMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL JUPITERIMAGES' TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY JUPITERIMAGES FOR YOUR USE OF THE APPLICABLE IMAGE(S).
2. You represent, warrant and covenant that:
  1. You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;
  2. You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;
  3. You will not use the Image(s) in any way that is not permitted by this Agreement;
  4. Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
  5. The information that you provide to JUPITERIMAGES is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;
  6. You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and
  7. If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.
LIMITATION OF REMEDIES
Replacement or Refund:
JUPITERIMAGES' entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement, except as set out in Section 6 below, shall be at JUPITERIMAGES' sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s). Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or reasonably should have discovered such claim, shall be waived. See Section 11 for other refund terms that may apply.
INDEMNIFICATION
You agree to indemnify and hold JUPITERIMAGES, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with JUPITERIMAGES, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against JUPITERIMAGES arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement. You may elect to assume the handling, settlement or defense of any claim or litigation and Jupiterimages shall reasonably cooperate in the defense of any claim. Jupiterimages shall have the right to participate in the litigation, at its own expense, through counsel of its choosing. You will not be liable for legal fees or other costs incurred prior to Jupiterimages giving notice of the claim for which indemnity is sought.
GENERAL
1. Enforceability:
  If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties' intent.
2. Taxes and other:
  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.
3. Waiver:
  No action of JUPITERIMAGES, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of JUPITERIMAGES is authorized to make an oral waiver. In the event that JUPITERIMAGES waives a specific part of the Agreement, it does not mean that JUPITERIMAGES waives any other part.
JURISDICTION
This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in one of the following jurisdictions (whichever is closest to your corporate headquarters, if you are an entity, or principal residence, if you are an individual): Seattle, Washington; New York, New York; London, England; Paris, France; or Singapore. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, JUPITERIMAGES shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of JUPITERIMAGES, such action is necessary or desirable.
LEGAL FEES
You agree to reimburse JUPITERIMAGES for its legal fees, costs and disbursements if JUPITERIMAGES is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. JUPITERIMAGES may assign or transfer this Agreement freely.
CANCELLATION
If you wish to cancel the rights granted in this Agreement and your invoice, the following apply:
1. If You Licensed Single Images or Purchased CD(s) (opened or unopened), you may receive a full refund if you submit a completed and signed refund affidavit (located at http://www.jiunlimited.com/en/company/refund_aff), and return any CD's, within fourteen (14) days of your invoice date. After fourteen (14) days, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice.
2. If you purchased a Subscription, You may receive a full refund within three (3) days of your invoice date, provided that you have not downloaded more than five (5) images. After three (3) days, or download of more than five (5) Images, no cancellations will be accepted, no refunds made and You will be responsible for and must pay the full amount of the invoice. By requesting a refund, You hereby represent and warrant that: (i) You have deleted or destroyed all downloaded Images, (ii) that You have not, and will not use any Images from the subscription, and (iii) that a breach of the foregoing shall require You to immediately repay the entire subscription fee plus damages to JUPITERIMAGES.
You are solely responsible for all shipping and handling fees with regard to a cancellation. All cancellations are final. See Termination Section 3 above for other applicable terms.
ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JUPITERIMAGES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND JUPITERIMAGES RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN JUPITERIMAGES' WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.
ADDITIONAL TERMS ADDENDUM
In addition to terms 1-12 above, the following terms also apply if you obtain certain other services, or certain other Image(s), from JUPITERIMAGES and form a material part of the license granted by this Agreement:
1. Subscriptions:
  If you are purchasing a subscription plan to any of JUPITERIMAGES' Web sites, the following also applies and is added to the Agreement as follows:
  The following is added to Section 4(C):
  "(VIII) You will hold all passwords for any subscription in the strictest of confidence. You may not share or disclose any password to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to (i) terminate this Agreement immediately, (ii) retain all payments paid pursuant to this Agreement and, (iii) seek any legal or equitable remedies."
  The following is added to Section 1(C)(I):
  "(b) This Agreement, and your right to use the Image(s) shall immediately, and automatically, terminate upon the expiration or termination of your subscription term provided, however, that after your subscription term terminates or expires, you may continue to use any Image(s) incorporated into a product or service during the subscription term in the same product or service in accordance with the terms of this Agreement. If you are an agent entering into this Agreement, accessing the subscription and using the Image(s) on behalf of a single client, this continued use may be exercised by the client and by you solely to the extent you are doing work authorized by and on behalf of that client."
  The following is added to Section 1(F):
  "(XIV) Stockpile, download, or otherwise store Images not used during the subscription term for future use."
2. If you are licensing Images from clipart.com, the following also applies and is added to the Agreement as follows:
  The following is added to Section 1(F):
  "(XV) Download more than one thousand (1,000) Images per day."
3. If you are licensing Images from clipartconnection.com, liquidlibrary.com, and/or photoobjects.net,, the following also applies and is added to the Agreement as follows:
  The following is added to Section 1(F):
  "(XV) Download more than two hundred and fifty (250) Images per day."
4. If you are licensing Images from ablestock.com, the following also applies and is added to the Agreement as follows:
  The following is added to Section 1(F):
  "(XV) Download more than one hundred (100) Images per day."
5. If you are licensing Images from comstockcomplete.com, the following also applies and is added to the Agreement as follows:
  The following is added to Section 1(F):
  "(XV) Download more than fifty (50) Images per day."
6. If you are licensing Images from animationfactory.com, the following also applies and is added to the Agreement as follows:
  The following is added to Section 1(F):
  "(XV) Download more than five hundred (500) Images per day."
7. If you are licensing Images from Photos.com or pursuant to either a Photos.com and/or Photos.com Plus subscription, the following also applies and is added to the Agreement as follows:
  I.Paragraphs 1.E.(II), 1.E. (III), 1.E. (IX), 1.F (IX) and 1.F.(XIV) above are deleted in their entirety and replaced with the following:
  Permitted Uses:
  
  1.E. (II) Use the Image(s) in any print or electronic media (except in computer software and electronic video and computer games which require a separate license see Section F(IX) below), including advertising and editorial use, provided such use is not intended to allow the re-distribution, re-use of the Images(s) or access to the Image(s) apart from a product or service and, provided further that you may not use the Image(s) in any print media where the number of copies would exceed two hundred and fifty thousand (250,000).
  
  1.E. (III) Use the Image(s) on product packaging or in any items for personal use, provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the Image(s) apart from a product or service.
  
  1.E. (IX) In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, packaging etc.
  
  Prohibited Uses:
  
  1.F. (IX) Use the Images(s) as part of a product in any electronic format intended for multiple distribution or licensing including, without limitation, templates, Web site templates, software products, including computer and/or video games and game consoles, e-greetings, etc. Contact templatelicense@jupiterimages.com to find out about a special license for such use.
  
  1.F. (XIV) Use the Image for resale and/or "print on demand," e.g. on sites like Cafepress, including calendars, consumer merchandise (T-shirts, posters, art, etc.).
  
  II. The following is added to Section 1(F):
  "(XVI) Download more than seven hundred and fifty (750) Images per month."
8. If you are licensing Images from Photos.com or pursuant to a Photos.com and/or Photos.com Plus Subscription and you decide to purchase extended licenses for Image(s), where available, the following also applies and is added to the Agreement as follows:
  Extended Licenses for Pay-Per Download Images Only:
  
  In addition to terms above, the following terms also apply if the permitted uses in the above license terms are not sufficient for your project, and you decide to purchase one or more of the following additional licenses for an Image, where available.
  
  Multi-seat license - 10 persons
  
  By obtaining a 10-person multi-seat extended license You may share the Image with up to 9 people at your organization who may also use the Image according to the rules of this Agreement. All other restrictions from the "Prohibited Uses" section still apply.
  
  Physical items for resale - Limited run
  
  By obtaining this license You may use the Image on items for resale such as t-shirts, postcards, mouse pads, coffee mugs, calendars, posters, art or similar consumer merchandise, even if they contain the Image in a dominant way. You may print up to 10,000 items of each category. If You exceed that amount, You must purchase this license again. All other restrictions from the "Prohibited Uses" section still apply.
  
  Extended print license - Unlimited run
  
  The standard license maximizes the number of printed copies at 250,000. By obtaining this license You may use the Image in an unlimited amount of printed copies. All other restrictions from the "Prohibited Uses" section still apply; for example, this license does not allow You to use the Image for creating printed reproductions or physical items for resale.
9. Third Party Content
  If you are licensing Image(s) from Jupiterimages' third party suppliers, special license terms from the third party suppliers may apply. Please see the individual Web site or Storage Media for details of any special license terms.
  March 2009