VECTORAIN ROYALTY FREE EXTENDED LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE TO THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS PRODUCT.
This agreement is between VECTORAIN LTD. doing business as VECTORAIN.COM and the user who downloads content from this website. You may not allow anyone else to use your username or password. For the purpose of this agreement, "Content" is defined as any image or photos owned by VECTORAIN or its authorized contributors and have been made available for download on this website.
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from VECTORAIN, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
VECTORAIN represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You (and you alone) to access, acquire, and use a specific Content under the Terms and Conditions of this Agreement. Unless stated otherwise, the copyright and all other rights of the Content shall remain with VECTORAIN and its respective suppliers.
Terms and Conditions of Use
You agree to access, acquire, and use the Content under the following Terms and Conditions:
1. These Terms and Conditions constitute a legal Agreement between You and VECTORAIN
2. VECTORAIN grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via VECTORAIN, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
(a) In magazines, newspapers, book covers, and interiors of books as a design element.
(b) As a design element on a website, video game, or CD-ROM not including any Web site template or software product for distribution or use by others, provided such use is not intended to allow the re-distribution or re-use of the Content.
(c) In any printed (not for electronic distribution) material or items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution or re-use of the Content up to a limit of xx,xxx copies. After which if additional copies are required, you may re-purchase this license again.
(d) As part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.
(e) In connection with your business or entity, e.g. corporate identity documents, and letterhead. Content used cannot be used as a part of a business logo.
(f) As decor in an office, lobby, or public area, restaurant, or retail store.
(g) In a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of VECTORAIN Limited, its Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from VECTORAIN Limited".
(h) As design elements in video, film, or television broadcasts.
4. You may NOT:
(a) Distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
(b) Authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
(c) Share content across a network, on a CD, or in any other way;
(d) Under any circumstances, use automated or programmatic means or methods to download Content;
(e) Use Content in any logo or part of any trademark;
(f) Under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects;
(g) Use the Content in any product for electronic resale purposes such as website templates, eBooks etc. whereby the image is an essential part of the product offering. For this usage, an Extended Electronic Distribution License can be obtained for the Content concerned.
5. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright.
6. You understand and agree that VECTORAIN may, in its sole discretion:
(a) Monitor anything you download from the VECTORAIN website, as frequently as VECTORAIN in its sole discretion determines, for any violation of this Agreement.
(b) Limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to ensure the best possible service to all VECTORAIN subscribers.
(c) Track any abuse of your username and password in connection with the VECTORAIN website or in connection with this Agreement.
(d) Terminate your account immediately if you have been found to be or are using, or are trying to use any automated or fraudulent means to download content, and
(e) Terminate your account, without notice, if it finds what 123RF believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to VECTORAIN Content, must immediately delete all Content acquired from VECTORAIN, and forfeit all fees paid.
7. VECTORAIN and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." VECTORAIN, its employees, directors, and officers, and anyone else associated with VECTORAIN disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of VECTORAIN will be uninterrupted, error free of computer viruses or other damaging materials.
8. When you access and acquire Content, you do so at your risk. VECTORAIN, its employees and officers, and anyone else acting on behalf of VECTORAIN also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. VECTORAIN, its employees, directors, and officers, and anyone acting on behalf of VECTORAIN make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.
(a) You understand and acknowledge that neither VECTORAIN, its employees, directors, and officers, nor anyone acting on behalf of 123RF has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
(b) You understand that You should seek competent counsel before using Content downloaded on or in connection with any goods or services or for any other commercial purposes.
9.You represent and warrant that:
(a) You are at least 18 years of age and have the right to enter into this Agreement
(b) You will not use the Content in any way that is not permitted by this Agreement;
(c) Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
(d) The information you provide to VECTORAIN is accurate and true, including without limitation all credit card information.
10. You agree to fully defend and indemnify VECTORAIN, its employees, directors, and officers, and anyone else associated with 123RF, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
11. This Agreement constitutes the entire agreement between You and VECTORAIN regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision. Failure by VECTORAIN to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.