Speziallizenzvereinbarung

BIGSTOCK EXTENDED IMAGE USAGE AGREEMENT

Dear Bigstock Subscriber:

The following is a legal agreement (the “Agreement”) between you or the employer or other entity on whose behalf you are entering into this Agreement ("you") and SS SPV LLC d/b/a BIGSTOCK ("Bigstock"). Please read this Agreement carefully before downloading any Bigstock images ("Image" or "Images"). By downloading any Image, you agree to be bound by this Agreement, the Bigstock Privacy Policy and Bigstock's Terms of Service, all of which are incorporated herein and made a part hereof by this reference. Your failure to comply with the terms hereof could result in the immediate termination of your account.

PART I

GENERAL TERMS

1. All Images on the Bigstock website are protected by United States and international copyright laws and treaties. Bigstock and/or the various artists who provide Images to Bigstock ("Contributors") own all rights, including the copyrights in and to the Images. Bigstock and/or its Contributors reserve all rights in and to the Images not expressly granted to you by the terms of this Agreement. Your rights to use any Image are subject to this Agreement and are conditioned upon your payment to Bigstock for your use of the Images. If you fail to make any payment to Bigstock when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Bigstock's costs of collection, bank charges and credit card processing fees are received by Bigstock no later than fifteen (15) days from the date that your account became delinquent. Image credits expire on the one year anniversary of the date of purchase and are nonrefundable.
2. This Agreement grants you a single-user, single-seat license. This license shall not be used simultaneously on multiple devices, or at any time by multiple persons. This license is assignable one time to an employee or agent of yours, provided that you provide no less than 10 days prior written of such assignment to Bigstock.

PART II

USAGE RIGHTS

3. By this Agreement, Bigstock grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein and in Part II hereof. You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images.
3.

PERMITTED USES

4. This Agreement grants you the right to:
   1. Incorporate Images on tangible products for resale, including shirts, hats, mugs, calendars, stationery items, cards and other small items;
   2. Print, paint, copy or render licensed image on canvas, paper or other mediums for distribution;
   3. Incorporate images larger than 1200 x 800 pixels within an offline, distributed software program;
   4. Incorporate images into online software and electronic templates such as electronic greeting cards, content management software, presentation templates, web page builders, at a resolution no greater than 1200 x 800 pixels.
   5. Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), where the surface area of such is larger than 7.5 square feet and/or the print or manufacturing run of such exceeds two hundred fifty thousand (250,000) copies in the aggregate, provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions.
   6. Use Images in magazines, newspapers, books, book covers, textbooks, editorials and directories for editorial and/or advertising purposes, if the print or manufacturing run exceeds two hundred fifty thousand (250,000) copies;
   7. Use Images in the artwork for the packaging of any product if the print and/ or manufacturing run exceeds two hundred fifty thousand (250,000) copies in the aggregate;
   8. Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark, if an individual Image is reproduced more than 250,000 times in the aggregate;
   9. Use Images for a purpose not described by any of the above but pertaining to the manufacture, resale and distribution of a product so long as such product does not violate any other clause hereunder, in particular those clauses under Part III.
5. All other rights in the Images are expressly reserved by Bigstock for itself and its Contributors.

PART III

RESTRICTIONS

YOU MAY NOT:
7. Use an Image other than as specified in PART I.
8. Use an Image for multiple uses. Each separate use of an Image downloaded hereunder requires a separate payment. For example, if an Image is used as part of a website design and in a business card, each of those uses the Image license must be paid for two times. This is accomplished by downloading and paying for the Image as many times as necessary. Using an Image in multiple products without purchasing separate licenses for such uses is a violation of this Agreement and might expose you to liability for copyright infringement.
9. Use an Image in such a manner that it infringes upon any third party's trademark or other intellectual property.
10. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products or other addictive substances; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products (including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products), if the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity; and f) in any manner that is defamatory, or contains unlawful or offensive content.
11. Share an Image by providing access to such Image on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise.
12. Use Images in a manner that competes with Bigstock's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Images for sale, or otherwise distributing or making Images available for distribution to third parties.
13. Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. Bigstock does not provide such permissions.
14. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
15. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.
16. Use automated programs, applets, bots or the like to access the Bigstock.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website.

PART IV

MISCELLANEOUS

17. Bigstock shall be under no obligation to refund the cost of a purchase. However, in the event that Bigstock determines that you are entitled to a refund of all or part of your purchase price, such refund shall only be made to the credit card account originally used by you to make the subject purchase. If your payment was made by check, your refund will be made by check.
18. The work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Bigstock Image(s) please notify us via email at support@bigstockphoto.com.
19. You agree that you will not share your username and password combination. Your Bigstock username and password are to be used only by you. Each person that desires to access the Bigstock site must have his/her own username and password. You may access your account on multiple computers, but only one computer may be logged in using your account at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute measures to stop users from sharing their login information.
20. You agree to indemnify and hold Bigstock, its officers, employees, shareholders, directors, managers, members and suppliers, and those of its affiliates including parent companies and subsidiaries, harmless against any damages or liability of any kind arising from any use of Images other than the uses expressly permitted by this Agreement. You further agree to indemnify Bigstock for all costs and expenses that Bigstock incurs in the event that you breach any of the terms of this or any other agreement with Bigstock.
21. You Warrant and Represent that:
    1. All information, including personal information, that you provide to Bigstock is accurate, complete, and current at the time you provide it to Bigstock. You agree to correct and update such information to ensure its accuracy and completeness at all times. Falsification of such information, or failure to comply with this Agreement may result in the termination of your account with Bigstock.
    2. You accept responsibility for any and all activities conducted through your Bigstock account. You agree to notify Bigstock immediately of any unauthorized use of your account, including the unauthorized use of your password or accounts, as well as of any other breach of security that may affect Bigstock.
    3. You agree that you may not have more than one account without Bigstock’s prior written consent. You may not create additional accounts for the purpose of re-using promotional codes, affiliate program referrals or other bonus / special offers. You may not use more than one promotional code or offer without Bigstock's consent. Promotional codes and offers may not be combined.
    4. You will not in any way impersonate another person or act in a manner which may cause others to confuse you with another party. You will not engage in any behavior which Bigstock, in its discretion, deems vulgar or otherwise offensive.
    5. If Bigstock terminates your account, you will not access Bigstock in any manner or for any reason without the prior express written permission of Bigstock.
22. While Bigstock uses commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of our Editorial Images, Bigstock makes no warranties and/or representations regarding such keywords, Image descriptions or integrity.
23. The rights granted to you under this Agreement shall terminate immediately and without notice: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings, by or against you; (ii) upon you making an assignment for the benefit of creditors; or (iii) upon the dissolution of any entity on whose behalf you entered into this Agreement, or at the moment such entity ceases to do business. Bigstock shall not consent to any assumption or assignment of the rights granted hereunder in the event of any of the preceding.
24. You must be at least 18 years of age to use the bigstock.com website and accept this Agreement. Bigstock may require any registrant to provide sufficient proof of age.
25. This Agreement is a contract which shall be governed by and construed in accordance with the laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this Agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This Agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.
26. If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Bigstock for any breaches of the terms of this Agreement.
27. Credit Attributions and Copyright Notices for Editorial Uses of Images
    1. You shall provide a link back to www.Bigstock.com (where applicable) -OR- provide a credit to the Bigstock contributor and to Bigstock in connection with the editorial use of any Image. Such credit shall be in substantially the following form: "Name of Artist/Bigstock.com"
    2. In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the Bigstock contributor and Bigstock a credit as provided above.
    3. The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that Subscriber cures such omission following email notice from Bigstock.
28. In the event that you breach any of the terms of this or any other agreement with Bigstock, Bigstock shall have the right to terminate your account without further notice. Such termination shall be in addition to Bigstock's other rights at law and/or equity. Bigstock shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of any such breach or breaches.
29. Bigstock grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained.
30. Bigstock does not warrant that the Image(s), Bigstock websites, 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.
31. 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.
32. In no event shall Bigstock’s 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 Bigstock website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Bigstock from you for your use of the applicable image(s). Neither Bigstock nor any of its officers, employees managers, members, shareholders, directors suppliers or those of its affiliates including parent companies and subsidiaries, shall be liable to you or to any other person or 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), Bigstock's breach of this Agreement, or otherwise, unless expressly provided for herein, even if Bigstock has been advised of the possibility of such damages, costs or losses.
33. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Bigstock, Bigstock will promptly file a complaint with www.ic3.gov, the Internet Crime Complaint Center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
    
    Effective February 11, 2013