| Terms of Use |
Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service.
This Site is owned, hosted and operated by JUPITERIMAGES, a wholly owned subsidiary of Jupitermedia Corporation or its wholly owned subsidiaries (hereafter collectively, "JUPITERIMAGES")
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by JUPITERIMAGES. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This Site contains copyrighted animations, photographs, images, videos, footage, text, music, and sounds (collectively the "Content") which is owned by JUPITERIMAGES or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Web page.
The design or layout of any website owned, operated, licensed, or controlled by or associated with JUPITERIMAGES, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.
Individual Web sites within JUPITERIMAGES have legal and license terms which supplement these terms.
See also Royalty Free License for other legal terms that apply.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, JUPITERIMAGES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY JUPITERIMAGES. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.
JUPITERIMAGES DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT JUPITERIMAGES WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL JUPITERIMAGES OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF JUPITERIMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF JUPITERIMAGES OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY
Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that JUPITERIMAGES intends to make available such products, services, or programs in your country.
UNITED STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LINKS TO THIRD PARTY SITES.
JUPITERIMAGES PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. JUPITERIMAGES DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. JUPITERIMAGES IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY JUPITERIMAGES OF SUCH SITES.
OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in accordance with the laws of Arizona, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. JUPITERIMAGES reserves the right to terminate these Terms of Use without notice if, in JUPITERIMAGES sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, JUPITERIMAGES reserves the right to terminate this site without notice.
©2005 JUPITERIMAGES, and its licensors. All rights reserved.
ABLESTOCK.COM, ANIMATIONS.COM, BOTANICA, BRAND X, CLIPART.COM, COMSTOCK, COMSTOCK COMPLETE, CREATAS, DYNAMIC GRAPHICS, GOODSHOOT, HEMERA, IT STOCK FREE, JUPITERIMAGES, LIQUID LIBRARY, LIQUID TREAT, NONSTOCK, PHOTO-OBJECTS, PHOTOS.COM, PICTUREARTS, PICTUREQUEST, THINKSTOCK IMAGES, AND THINKSTOCK FOOTAGE are the exclusive trademarks of JUPITERIMAGES. All product names are either trademarks or registered trademarks of JUPITERIMAGES, or its affiliates or licensors. All rights reserved. Microsoft, Windows, and the Windows logo are registered trademarks of the Microsoft Corporation. Macintosh, Apple, and the Macintosh logo are registered trademarks of Apple Computer, Inc.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of JUPM. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. JUPM files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
(09/01/05)
JUPITERIMAGES TERMS OF USE
THESE TERMS OF USE INCLUDE THE JUPITERMEDIA CORPORATION
PRIVACY POLICY, WEB SITE USER AGREEMENT, AND JUPITERIMAGES' ROYALTY FREE LICENSE
AGREEMENT, EACH OF WHICH IS INCORPORATED HEREIN ITS ENTIRETY INTO THESE TERMS
OF USE BY REFERENCE, TO WHICH YOU ARE INDICATING YOUR AGREEMENT AND ACCEPTANCE TO BE BOUND BY THE PROVISIONS
THEREOF, BY WAY OF YOUR USE OF THE WEB SITE OR YOUR DOWNLOADING AND/OR USING ANY IMAGE(S).
Copyright 2007 JUPITERIMAGES, and its licensors.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
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: ablestock.com, agenceimages.com, agenceimages.fr,
animationfactory.com, bananastock.com, bananastock.co.uk, clipart.com, clipartconnection.com, comstock.com,
comstockcomplete.com, cover.es, creatas.com, creatas.com.au, creatas.de, creatas.co.uk, ifa-bilderteam.com,
itstockfree.com, itstockonline.com, jupitergreetings.com, jupiterimages.com, jupiterimages.fr, stockimage.fr,
librededroits.com, liquidlibrary.com, photoobjects.net, photos.com, picturequest.com, prdirect.com, prdirect.fr,
thinkstock.com, thinkstockfootage.com, workbookstock.com, and ANY INTERNATIONAL OR OTHER VERSIONS OF THE
FOREGOING, FUTURE JUPITERIMAGES WEBSITES AND/OR ANY IMAGES 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).
"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 Images 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 Images 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.
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 Images is licensed, not sold, pursuant to the terms of this Agreement. Use of the
Images without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.
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.
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.
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State
of Connecticut, United States. Any claims shall be brought solely in the Federal District Court of the
District of Connecticut and you expressly consent to the exclusive jurisdiction of the federal courts of the
State of Connecticut, United States. You consent to the service of any required notice or process upon you by
registered mail or overnight courier to the address provided to JUPITERIMAGES with your registration, as you
may update from time to time, with proof of delivery.
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.
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.
If you wish to cancel the rights granted in this Agreement and your invoice, the following apply:
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.
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.
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:
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):
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."
If you are licensing Images from clipartconnection.com, liquidlibrary.com, photoobjects.net, and/or
photos.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 two hundred and fifty (250) Images per day."
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."
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."
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."
If you are licensing Images 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.
April 2008
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).
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.
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.
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.
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.
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.
