TERMS AND CONDITIONS APPLICABLE TO ALL TYPES OF IMAGE USE
This is a legal licensing agreement between you and FogStock, LLC. Please read this agreement carefully and in its entirety. By receiving any image, whether downloaded or received on a compact disc (CD), you agree to be bound by the terms and conditions of this agreement.
FogStock offers license agreements for three types of images. You can purchase either:
• Royalty free
• Rights controlled
• imagery and comping imagery is also available free of cost.
Please read the following descriptions and limitations of use.
1. Royalty Free Imagery - You pay only once for an image that may be used for multiple uses that are not based on time of use, circulation number, or broadcast area. A Royalty Free image may be used for multiple projects over an unlimited period of time.
2. Rights Controlled Imagery - Rights controlled images are licensed for one time, one year use only. They may be used for one specific application over a limited amount of time. Use of a FogStock rights controlled image for more than one application or for longer than one year is prohibited. If you are interested in additional rights, including but not limited to expansion of the time limitation and/or broadcast area, or industry exclusive rights, please contact FogStock.
All uses for book covers, motion picture industry uses, magazine covers, or any other exclusive use must be negotiated with FogStock prior to purchase of the image(s).
Your purchase contract sets forth the specific areas of use for the image selected, grants you the reproduction rights chosen and states the corresponding price for such image. The purchase contract, which is incorporated into this agreement by this reference and as incorporated together with this agreement, constitutes the full license granted.
3. Comping Images - You may use comping images at no cost for such limited purposes as layouts, proofing presentations, and image inspection. Comping images are not licensed for use in final projects and applications which require payment for either a royalty free or rights controlled image license.
4. Subscription Terms and Conditions of Use -You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via a FogStock subscription, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party.
You may download a maximum of 20 images per day.
You agree as a FogStock subscription member to access, acquire, and use Royalty Free images only under the following Terms and Conditions:
a. in magazines and newspapers.
b. as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others. Use in a Web site template requires a separate license and fee, and you may obtain information about such a license from office@fogstock.com
c. as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.
d. in connection with your business or entity, e.g. corporate identity documents, and letterhead.
e. in video, or television broadcasts.
f. in a PowerPoint presentation.
g.motion picture use under certain conditions. Contact office@fogstock.com for terms
You understand and agree that FogStock may, in its sole discretion, (a) monitor anything you download from the FogStock website, as frequently as FogStock in its sole discretion determines, for any violation of this Agreement, (b) flag all users who download more than 20 photos per day, as such activity indicates potential violations or abuse of a subscription account (c) track any abuse of your username and password in connection with the FogStock website or in connection with this Agreement, (d) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and (e) terminate your account, without notice, if it finds what FogStock believes to be any violation of this agreement and/or any abuse of your subscription account. If your account is terminated for any violation of this agreement and/or any abuse of your account, you lose all rights to FogStock content, must immediately delete all content acquired from FogStock, and forfeit all fees paid.
GENERAL
All rights to the image are owned by FogStock and/or its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. FogStock and its licensors retain all rights not expressly granted by this agreement. The image is licensed only to you or your employer, if you are licensing on behalf of your employer.
If you are entering into this agreement on behalf of your employer, the License granted and restrictions and limitations contained in this agreement apply to your employer as well as to you. If you stop working for your employer, your employer may continue to operate under this agreement.
UNAUTHORIZED USE OF IMAGES
Use of the image must be in compliance with all applicable laws. FogStock reserves the right to discontinue the use of any image for any reason and elect to replace the image with an alternate image. Upon notice of any discontinuance of a license for a particular image, you, your employer and your client, if applicable, agree not to use the image in the future.
FogStock does not license or permit the use of images, any portion of an image, any digital version of an image, images used in digital compilations, or any other modification of an image for pornographic use, use which would be defamatory or libelous absent the consent of the model, or use which is otherwise unlawful.
You may not use the image in any manner that is not expressly permitted in this license agreement. All rights not specifically granted herein are retained by FogStock.
You agree to indemnify and hold FogStock harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any image supplied to you by FogStock, or for your breach of any of the terms of this agreement.
You cannot create a product that competes with a FogStock product. You are not permitted to redistribute Fogstock imagery as stock photography, clip art, web art, or in any other form not expressly granted by this agreement.
You cannot allow images to be downloaded from any web site, including your client's web site.
You cannot use an image for a reference in creating a computer-generated drawing without a purchase contract.
LICENSE NOT ASSIGNABLE
Reproduction rights granted to you may not be assigned. They are personal to you or your employer.
If you wish to resell any FogStock product, you must contact FogStock at office@fogstock.com.
WARRANTY
FogStock warrants the digital copy of the image in the form received by you to be free from defects in material and workmanship for 90 days from delivery. The only remedies available for a breach of the foregoing warranty are the replacement of the digital copy of the image or a refund of the price you pay to FogStock to license the image. The choice of remedies shall be made by FogStock.
FogStock makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. Neither FogStock nor its licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.
Please examine each image you intend to use for possible digital defects before sending the image for reproduction. FogStock shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any image or its caption or in any way from its reproduction.
COPYRIGHT/TRADEMARK ISSUES
No ownership or copyright in any image shall pass to you by the issue of a license with respect to the image. FogStock gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all the necessary rights or consents, as may be required for reproduction, are obtained. Use of an image in a manner not specifically authorized by the purchase contract constitutes an infringement of FogStock's and Fogstock's third party licensors' proprietary rights and will subject you to infringement damages. Use of an image in a manner that is contrary to a restriction stated in the purchase contract is prohibited.
MODEL CONSENT AND RELEASE
If you wish to use an image featuring a person in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must first contact FogStock and request consent and a release by that model. If the model is unwilling or unable to give such consent and a release, you are not permitted to use the image for such purposes.
Consent and release is also required for images that may contain specific government, company, names, initials, or emblems for any commercial purposes or to imply endorsement, use of, or a connection to a product, service, or a potentially unflattering or controversial subject.
Unless stated otherwise herein, no valid model release or other valid release exists for any image unless the existence of such release is specified by FogStock in writing. A copy of any existing model release will be provided to you upon your request. The delivery of such a release will not constitute a warranty by FogStock of the validity of such release. You shall indemnify FogStock and hold FogStock harmless against all claims by a third party arising out of your use of any image where the validity and existence of such release has not been expressly specified in writing by FogStock. In the event that FogStock erroneously stated to you in writing that a release or consent existed as to any image, the limit of FogStocks' liability to you, shall be the sum invoiced and paid for the use of the particular image involved.
RIGHT TO INFORMATION
FogStock may at any time inspect any records, accounts and books relating to the reproduction of any FogStock image to ensure that the image is being used in accordance with this license.
SPECIFIC TERMS AND CONDITIONS FOR USE OF ROYALTY FREE AND/OR RIGHTS CONTROLLED IMAGES
FogStock grants to you a nonexclusive, nonsublicensable right to use the digital image you have selected and any derivatives or copies to the extent explicitly stated on the purchase contract. Except as specifically provided in this agreement, the image may not be shared or copied by creating a disc library, image storage jukebox, network configuration or any other similar arrangements.
Unless otherwise specified on the purchase contract, images are licensed with no rights protection on a non-exclusive basis and are strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on the purchase contract, which is incorporated into this agreement by this reference and as incorporated together with this agreement constitutes the full license granted. Fees for your license to an image depend on the nature of the rights granted. You agree to notify FogStock in the event that you desire to expand the usage for any image and agree to pay any additional license fee.
SPECIFIC TERMS AND CONDITIONS FOR USE OF COMPING IMAGES
FogStock grants to you a nonexclusive, nonsublicensable right to use the digital image you have selected and any derivatives or copies, on your personal computer. Except as specifically provided in this agreement, the image may not be shared or copied by creating a disc library, image storage jukebox, network configuration or any other similar arrangements.
The image may be used in materials for personal, noncommercial use and test or sample use, including comps and layouts. The image may not be used in any final materials or projects as described above whether distributed inside or outside of your company or to the public (except that you may transmit comps digitally or electronically to your clients for their review).
MISCELLANEOUS TERMS
No variation of any of the terms in this agreement shall be effective unless agreed to in writing by FogStock and you. No part of the content of FogStock's catalogs or other advertising materials form a part of this agreement. No action of FogStock, other than an express written waiver, may be construed as a waiver of any clause of this agreement. In the event that FogStock does waive any specific part of this agreement, such fact does not mean that any other part is waived. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the printed terms contained herein and the terms contained on any purchase order sent by you or your employer, the terms of this agreement shall govern. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Oregon, U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Circuit Courts, Multnomah County, in the State of Oregon or the Federal District Courts of the District of Oregon (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, FogStock shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of FogStock, such action is necessary. If FogStock is required to enforce its rights as a result of any breach of these terms, whether a lawsuit is filed or not,
it shall be made whole by you for such reasonable legal fees and costs incurred by FogStock. If on this or any other printed form received by you in connection with your order, any terms or conditions contained herein or therein are inconsistent with the provisions of this agreement as it appears on our web site, such inconsistent terms and conditions shall be of no force and effect, it being the parties' intentions that this agreement as it appears on our web site shall govern all matters relating to the image.
PAYMENT
No reproduction of an image can occur until payment has been made or this agreement shall automatically be revoked. Any reproduction by you prior to payment constitutes an infringement of FogStock's and FogStock's third party licensors proprietary rights and a breach of this agreement which entitles FogStock to rescind this agreement and seek damages from you and your employer, as applicable.
