License agreement Important note: - You may not create scandalous, obscene, defamatory or immoral works using the image(s), nor use the image(s) for any other purpose prohibited by law.
- Attention: this is a license, not a sale. The images are provided under the following license which defines what you may do with the images and contains limitations on warranties and/or remedies.
- Important: please read carefully before downloading the images. Since we are not in a position to offer guidance on each individual use of our digital content, please feel free to consult independent legal resources in cases where you are uncertain about intended usage. Supplementary rights may need to be acquired in some cases.
By accepting : - You agree to be bound by all of the terms and conditions set out in the single image purchase agreement or in the Copshots membership license agreement, depending on the type of license you have chosen;
- You agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the image(s);
And - If you are accepting on behalf of a company, you represent and warrant to Copshots that you have full authority to bind such company.
- If you do not accept these terms and conditions, your purchase will not be processed.
- Depending on the type of license you have chosen, one of the following two (2) license agreements will apply:
- The single image purchase agreement;
- The Copshots membership license agreement
The single image purchase agreement - License: Copshots, inc. ("we" or "us") grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish, display and distribute the digitized image(s) (the "image(s)") in accordance with the terms of this license ("license"). For the purposes of this license, "you" means an individual or a legal entity exercising rights under, and complying with, all of the terms of this license. If you are downloading image(s) in your capacity as an employee of a company or other legal entity, the license granted hereunder is granted to such entity. The licensed image(s) may be used by up to ten (10) specific users (including yourself) provided that all ten (10) users are employed or under contract to such entity. (please note that this is not a simultaneous user license. This means that only the ten (10) people designated by your employer may access and use the image(s) even if less than ten (10) persons are accessing the image(s) at any particular time). If you have been designated by your employer as one of the ten (10) licensed users of the image(s), you are only permitted to use the image(s) for employer related purposes. If you would like more than ten (10) users to have access to the image(s), please contact Copshots, inc. by email at legal@Copshots.com.
- Proprietary rights: the copyright and all other rights of the image(s) shall remain with our suppliers or us.
- You may, subject to any restrictions set out below:
- Incorporate any image(s) into your own original work and publish, display and distribute your work in any media, provided you include a copyright notice in any electronic or digital work reflecting on the copyright ownership of both you and Copshots as follows:
- "copyright Copshot.com, Inc., [your name] and its licensors. All rights reserved."
- You may not, however, resell, sublicense or otherwise make available the image(s) for use or distribution separately or detached from a product or web page. For example, the image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the image(s) (including digital files) as an integral part of a work product, but may not be provided with the image(s) or permitted to use the image(s) separately or as part of any other product;
- Store the image(s) on a network, storage jukebox or similar device, provided that only licensed users are permitted access to the image(s) [e.g. In the case of a corporate licensee, no more than ten (10) specific users may have access to the image(s)];
- Make one (1) copy of the image(s) for backup or archival purposes;
- Use unwatermarked images for compositional purposes only, and not for publication of any kind.
You may not: - Create scandalous, obscene, defamatory or immoral works using the image(s), nor use the image(s) for any other purpose prohibited by law;
- Use or permit the use of the image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the image(s) or any part thereof;
- Use the image(s) in electronic format, online or in multimedia applications unless the image(s) is/are incorporated for viewing purposes only and no permission is given to download and/or save the image(s) for any reason;
- Rent, lease, sublicense or lend the image(s), or a copy thereof, to another person or legal entity. You may, however, transfer your license to use the image(s) to another person or legal entity, provided that (i) you transfer the image(s) and this license, including all copies (except copies incorporated into your work product as permitted under this license), to such person or entity, that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this license;
- Use any image(s) except as expressly permitted by this license.
- Use the image(s) related to identifiable individuals, products or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service.
Government crests, seals and other insignia - Various laws against misuse protect the national and municipal insignia contained on this site. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.
- Term: this license shall continue for as long as you are in compliance with the terms and conditions of this agreement. This license will terminate immediately if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the image(s). The limitations of warranties and liability set out below shall continue in force even after any termination
- Limitations of warranties and liability: the images are provided and licensed by Copshots on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the images is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the images. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- U.S. government rights: with respect to any acquisition of the image(s) by or for any unit or agency of the United States Government (the "government"), the image(s) shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the federal acquisition regulation (the"far") and supplements thereto, including the department of defense (DOD) far supplement (the "DFARS"). The image(s) was/were developed entirely at private expense, and no part of the image(s) was/were first produced in the performance of a government contract. If the image(s) is/are supplied for use by the DOD, the image(s) is/are delivered subject to the terms of this license and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(oct 1988), as applicable. If the image(s) is/are supplied for use by a federal agency other than the DOD, the image(s) is/are restricted computer software delivered subject to the terms of this license and (i) far 12.212(a); far 52.227-19; or (iii) far 52.227-14(alt iii), as applicable. The contractor/manufacturer is Copshots, inc., 19 Ravensridge - Dove Canyon, CA 92679.
- Eligibility: to be eligible to purchase a license for the image(s), you must be in compliance with applicable export laws. By downloading the image(s) you are representing and warranting to Copshots that you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; you will not download or otherwise export or re-export the image(s), directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of specially designated nationals, specially designated terrorists, or specially designated narcotic traffickers, nor are you listed on the United States Department of Commerce table of denial orders; (iv) you will not download or otherwise export or re-export the image(s), directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the image(s) for, and will not allow the image(s) to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to purchase a license for the image(s) and/or download the image(s).
- General: this license is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This license shall be governed by and construed in accordance with the laws of California and excludes that body of law applicable to choice of law and excludes the United Nations convention on contracts for the international sale of goods and any legislation implementing such convention, if otherwise applicable. You hereby consent and attorn to the jurisdiction of the courts of such state. Copshots may assign this license at any time. If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the license and the other provisions shall remain in full force and effect. The parties have requested that this agreement and all documents contemplated hereby be drawn up in English.
The Copshots membership license agreement - General rules: if you choose to purchase a membership to Copshots (the "service"), you will be agreeing to abide by all the terms and conditions of this Copshots membership license agreement (the "agreement") between you and Copshots, inc. ("Copshots"). Copshots may modify portions of this agreement at any time, provided Copshots posts such changes on the Copshots web site, or sends them to you via email. You agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your membership to the service.
- License: Copshots hereby grants you a limited, non-exclusive, non-transferable license to download and use the digital images made available under the service (the "images") in accordance with the guidelines for the use of images (the "guidelines"). The copyright and all other rights to the images shall remain with Copshots or its licensors. You must reproduce any copyright or other notice marked on the images on all copies you make. Copshots may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the subject matter in this document. Except as expressly provided in any written license agreement from Copshots, the furnishing of this document does not give you the license to these patents, trademarks, copyrights, or other intellectual property.
By purchasing a membership to the service, you are granted a license to use all of our images. There is no limit on how many images you use. However, in order to preserve bandwidth, we limit the number of daily download of images to forty (40) images. You understand and agree that Copshots may, in its sole discretion: (i) monitor the images you download, as frequently as Copshots deems necessary, for violation of this agreement; flag your account if the number of daily download of images exceeds forty (40) images, as such activity indicates potential violations of this agreement or abuse of a subscriber id and password; (iii) track any abuse of your subscriber id and password in connection with the service or in connection with this agreement; and (iv) terminate this agreement, without notice, if Copshots finds what Copshots believes to be any violation of this agreement and/or abuse of your subscriber id and password. If your membership is terminated for any violation of this agreement and/or any abuse of a subscriber id or password, you lose all rights to the service and must immediately delete all images acquired from the service. The use of the images is limited to the user for which the membership was purchased. You may not translate, reverse engineer, decompile, or disassemble the images except to the extent the foregoing restriction is expressly prohibited by applicable law. Furthermore, you may not rent, lease, assign, or transfer the images and you may not separate the component parts of the images for use on more than one computer. Government crests, seals and other insignia: the national and municipal insignia contained in the service are protected by various laws against misuse. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein. - Term: this agreement shall commence on the date the payment is received by Copshots and shall continue for the duration of the membership you have chosen. However, this agreement will terminate immediately if you fail to comply with any of its terms and conditions. You agree, upon termination, to destroy all copies of the images and you are responsible for all charges incurred up to the time the account is deactivated. In the event this agreement is not terminated but your membership has expired, you may continue to use the images that you have downloaded as of the date of expiration, provided that such use is in compliance with the guidelines. The limitations of warranties and liability set out below shall continue in full force even after any termination or expiration.
- Limitations of warranties and liability: the service and images are provided and licensed by Copshots on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the service and/or the images is assumed by you. Neither Copshots nor its dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Copshots has been advised of the possibility of such damages, or they are foreseeable. Copshots is also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the service. The limitations set forth herein shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Copshots and its subcontractors, as applicable, do not guarantee the uninterrupted operation of the Copshots web site or service and shall not be liable to you for damage arising from errors, omissions, interruptions, delays, transmission errors or disruptions, equipment failures or breakdowns, or from any other cause described in the paragraph below. In the event of any interruption of operation of the Copshots web site for a period exceeding twenty four hours, your membership will automatically be extended for a period of time equal to the time of interruption of operation of the Copshots web site.
- Copshots shall not be held liable for any failure or delay in the execution of its obligations under this agreement insofar as such failure or delay is attributable directly or indirectly to any of the following circumstances: (i) fire, flood, earthquake, the elements or any cause of force majeure; riots, civil disorders, rebellions or revolutions; (iii) labor dispute; or (iv) any other cause beyond the reasonable control of Copshots. Should a case of any of the above circumstances arise, Copshots shall be excused from the continued execution or observation of its obligations thus affected for the entire duration of the case of such circumstance(s) and for as long as Copshots strives normally to resume the execution or observation of its obligations as soon as possible and to all extent possible.
- U.S. government rights: with respect to any acquisition of the images by or for any unit or agency of the United States government (the "government"), the images shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the federal acquisition regulation (the "FAR") and supplements thereto, including the department of defense (dod) far supplement (the "DFARS"). The images were developed entirely at private expense, and no part of the images were first produced in the performance of a government contract. If the images were supplied for use by the dod, the images are delivered subject to the terms of this agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(oct 1988), as applicable. If the images are supplied for use by a federal agency other than the dod, the images are restricted computer software delivered subject to the terms of this agreement and (i) far 12.212(a); far 52.227-19; or (iii) far 52.227-14(alt iii), as applicable. The contractor/manufacturer is Copshots, inc., 19 Ravensridge - Dove Canyon, CA 92679
- Eligibility, registrability and security: to be eligible to purchase a membership for the service, you must be in compliance with applicable export laws. By becoming a member to the service, you are representing and warranting to Copshots that you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: cuba, iran, iraq, libya, north korea, serbia, sudan, syria, taliban controlled areas of afghanistan, nor any other country to which the United States has prohibited export; you will not distribute or otherwise export or re-export the images, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States department of treasury lists of specially designated nationals, specially designated terrorists, or specially designated narcotic traffickers, nor are you listed on the United States department of commerce table of denial orders; (iv) you will not distribute or otherwise export or re-export the images, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the images for, and will not allow the images to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to become a member to the service.
- As part of the registration process, you will select a password and a subscriber id. You also have to give Copshots certain registration information, all of which must be accurate and up-to-date. Such information will only be used by Copshots to service you regarding the service. You may not (i) select or use a subscriber id of another person with the intent to impersonate that person; use a subscriber id in which another person has rights without such person's authorization; or (iii) use a subscriber id that Copshots, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of your membership. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Copshots.
- You shall notify Copshots of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
- You are responsible for all usage or activity on your Copshots account, including use of the account by any third party authorized by you to use your subscriber id and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your membership, at Copshots's sole discretion, and Copshots may refer you to appropriate law enforcement agencies.
- Fees, payments, refunds and privacy: you shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the service by Copshots or by any vendor or service provider. You shall also pay any applicable taxes relating to use of the service through your account. Please note that your membership fee is refundable on a prorated basis, based on Copshots's then current price for the images, and only within the first thirty (30) days of this agreement. By way of example, if you wish to cancel your six (6) month membership within the first thirty (30) days of this agreement and you have downloaded two (2) large format images at $129.99 us each, you will be entitled to a refund of $139.02 us. However, if you have downloaded twenty (20) multimedia format images at $29.99 us each, you will not be entitled to a refund. Copshots reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or licensees on the Copshots web site may collect and share information about you only if you indicate your acceptance. For more information, please read Copshots's privacy policy.
- General. This agreement is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This agreement shall be governed by and construed in accordance with the laws of California and excludes that body of law applicable to choice of law and excludes the united nations convention on contracts for the international sale of goods and any legislation implementing such convention, if otherwise applicable. You hereby consent and attorn to the jurisdiction of the courts of such state. If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the agreement and the other provisions shall remain in full force and effect. Copshots may assign this agreement at any time. Notwithstanding any of the foregoing, nothing in this agreement will serve to preempt the promises made in the privacy policy.
Guidelines for the use of images Copshots.com contains numerous digital images (collectively referred to as the "images") which are either owned by Copshots or licensed from a third party. As a user of this product, you are free to use, modify and publish the images as you wish subject to the restrictions set out below. Since we are not in a position to offer guidance on each individual use of our digital content, please feel free to consult independent legal resources in cases where you are uncertain about intended usage. Supplementary rights may need to be acquired in some cases. You may, subject to any restrictions set out below: - Incorporate any image(s) into your own original work and publish, display and distribute your work in any media, provided you include a copyright notice in any electronic or digital work reflecting on the copyright ownership of both you and Copshots as follows:
- "copyright Copshots.com, Inc. [your name] and its licensors. All rights reserved."
- You may not, however, resell, sublicense or otherwise make available the image(s) for use or distribution separately or detached from a product or web page. For example, the image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the image(s) (including digital files) as an integral part of a work product, but may not be provided with the image(s) or permitted to use the image(s) separately or as part of any other product; and
- Make one (1) copy of the image(s) for backup or archival purposes.
B. You may not - Create scandalous, obscene, defamatory or immoral works using the image(s), nor use the image(s) for any other purpose which is prohibited by law;
- Use or permit the use of the image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the image(s) or any part thereof;
- Use the image(s) in electronic format, online or in multimedia applications unless the image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the image(s) for any reason;
- Rent, lease, sublicense or lend the image(s), or a copy thereof, to another person or legal entity;
- Use any image(s) except as expressly permitted by this agreement; and
- Use the image(s) related to identifiable individuals, products or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service.
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