BigStockPhoto.com
File Usage Agreement
Welcome to the BigStockPhoto.com website (“Website”). You
are required to follow the terms and conditions if you use the Website
located at www.bigstockphoto.com. Your use of the Website indicates your
acceptance of these terms and conditions which applies to all files on
the Website.
1. Use of image files.
BigStockPhoto licenses to you the use of image files only as provided
below on a nonexclusive and nontransferable basis upon payment of the
required fees. All other rights to the image files and any accompanying
materials such as copyright are retained by BigStockPhoto and its members.
2. Consent.
You must be at least 18 years of age to use the Website and accept this
Agreement. BigStockPhoto may require any registrant provide sufficient
proof that are at least 18 years of age. Minors can access BigStockPhoto.com
only by having their parent or legal guardian register on their behalf.
By opening such an account, the parent or legal guardian authorizes the
minor to use and agrees to be bound personally by the terms and conditions
of this agreement. BigStockPhoto may elect at its sole discretion to monitor
any area or records pertaining the Website for compliance with this agreement
or for any other reason.
3. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the
property of BigStockPhoto or its content providers and is protected by
copyright and possibly other intellectual property laws. Furthermore,
you acknowledge that trademarks and copyrights of the subject matter depicted
in the images are subject to protection by intellectual property laws
and that you must obtain consent from the owners of the intellectual property
when necessary to comply with intellectual property laws. Absent an explicit
written statement from BigStockPhoto stating otherwise, you should assume
that no consent from persons or owners of property depicted in an image
has been given regarding publication and that model and property releases
are not available from BigStockPhoto or its content providers. Further,
BigStockPhoto makes no claims or warranties as to the validity of the
model or property releases associated with any image and such releases
should be verified by you and that such usage shall be at your risk.
4. Prohibited Uses.
Without a BigStockPhoto Special License, you may not:
a. print the photo or image as a poster, postcard, greeting card, on a mug, shirt, hat, mouse pad, art print, painting, calendar, book, or gallery or use the image in screensavers, e-card software, web page builders or other systems where the image is shared or distributed to a number of users.
b. display or post images obtained from the BigStockPhoto.com Website in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save or steal the photos. If more than 10 images from the Website are being used, size must be no more than 150 pixels in height or width. This is to prevent photos from being freely or easily re-distributed. If your photo is larger than 600 pixels and is an integrated part of a product, design, template or website, this is fine.
c. use images in any way that constitutes a violation
of the rights of individuals such as defamation, intrusion on privacy,
misappropriation of likeness, or depiction in a false light.
d. use images in any way that violates civil and criminal
laws such as those regulating pornography, obscenity, fraudulent schemes,
counterfeiting, espionage, and aid to illicit activities.
e. post any file obtained from the Website in a gallery
format designed or intended to facilitate transfers of files via the Internet
by individual users.
f. resell or distribute any file obtained from the Website
or its associated depiction unless the image is an integrated part of
the product being resold, and comprises less than 50 percent of the overall
product, page layout or design. (see Permitted Uses section 5a. below)
g. reverse engineer, decompile, or disassemble any part
of a file or accompanying materials except as permitted by law. You MAY alter the image file to suit your visual needs however - see Section 5b.
h. use any part of an image as a trademark, service mark,
logo, or part thereof.
i. remove any copyright or trademark information from
any place in the files or accompanying materials.
5. Permitted Uses.
>>> Click Here for Important Expanded Information
on Permitted Uses <<<
You may:
a. display the images from image files in any manner
not prohibited by the agreement (see Section 4.) provided that you include
the copyright information from the image file in the form of a legally
effective copyright notice if at all possible in this form: "© Photographer's
Name. Image from BigStockPhoto.com".
b. modify or alter images as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, images or files taken from BigStockPhoto and integrated into said derivative work are still copyrighted by BigStockPhoto or the appropriate content provider. By purchasing a license to use an image file from BigStockPhoto you are not purchasing copyrights to our image files in any way. If requested by BigStockPhoto, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
c. in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
d. print or use the image for your own use in any size, but you may not resell it, or redistribute it to others in any way.
Acceptable uses include but
are not limited to personal use, consumer merchandise,
website designs, business cards, other designs, website and powerpoint templates, book and album covers, product
packaging, advertisements, newsletters, flyers, brochures, set designs, scholastic and promotional
materials, films or videos, demonstrations, presentations, trade show signage and other uses where the image is not a definitive main part of your product.
Using the photo as part of your product is generally OK. Using the image or re-printing the image in a way that it really IS the main part of your product or is a main definitive part of your product is generally not OK.
Purchasing an image buys you a license to use the image in one product/project. If you are creating several
products/projects you must re-purchase photo for each new product:
Example 1: You write a newsletter and use a BigStockPhoto photographer
in it and you distribute 100,000 copies. If you decide to use the photo
again for a different newsletter or different purpose, you must re-purchase
it.
Example 2: You create a website template and sell it on your site to
any number of people, using a BigStockPhoto image in it. If you
decide to use the image again for a different template, you must
re-purchase it for each new template/product you design. You can sell as many copies of the template or product as you like, but each new separate product you design and sell requires the photo to be purchased again, since the license you are buying is for use of the image file within one product.
If your photo usage needs fall outside of the scope of what is permitted herein, you may be able to purchase and use the images with a Special License for your usage. Contact us here and learn more about what Special Licenses are available.
6. Discontinuance:
BigStockPhoto reserves the right to elect at a later date to replace
the Image File(s) with an alternative for any reason. Upon notice of
such replacement, the license for the replaced Image File(s) terminates
for any products that do not already exist, and this license automatically
applies to the replacement Image File(s). You agree not to use the replaced
Image File(s) for future products and to take all reasonable steps to
discontinue use of the replaced Image File(s) in products that already
exist.
7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, accompanying
material, or the rights to use the files to anyone for any purpose, except
as specifically provided for in this agreement or within a BigStockPhoto Special Licensing agreement.
8. Assumption of risk.
You expressly agree that use of all images, files, or software distributed
by BigStockPhoto is at your sole risk. BigStockPhoto does not warrant
or guarantee that files or images on the Website are free from copyright
or other intellectual property concerns.
9. Disclaimers.
All images, files, and software distributed by BigStockPhoto are provided
on an “as is” and “as available” basis and without
warranties or conditions of any kind either express or implied. BigStockPhoto assumes no responsibility for any actions or liabilities
arising from their possession or use. BigStockPhoto disclaims all warranties,
express or implied, including but not limited to, implied warranties
of merchantability and fitness for a particular purpose. Under no circumstances
shall BigStockPhoto or its content providers be liable to you or any
third-party for any indirect, consequential, incidental, special or
punitive damages, including but not limited to lost profits and business
interruption, irrespective of the type of cause of action, arising in
any way from use of the Website, even if BigStockPhoto is expressly
advised of the possibility of such damages. In no event shall BigStockPhoto’s
liability exceed the fees paid for the use of the files. No oral advice
or written information given by BigStockPhoto, its content providers
or the like, shall create a warranty; nor shall customer rely on any
such information or advice. You acknowledge that this paragraph shall
apply to all content, images, and services available through this Website.
In those states that do not allow the exclusion or limitation of liability
for consequential or incidental damages, liability is limited to the
fullest extent permitted by law.
10. Assignment
You may not assign its right and obligations under this agreement without
obtaining the prior written consent of BigStockPhoto. BigStockPhoto may
assign this agreement.
11. Severability
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.
12. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and
all disputes arising out of, under or in connection with this Agreement,
with the exception of copyright claims, including without limitation,
its validity, interpretation, performance and breach, shall be submitted
to arbitration in Sacramento, California pursuant to the rules of the
Arbitration Act (California) in effect at the time arbitration is demanded.
Judgment upon any award rendered may be entered in the highest court
of the forum having jurisdiction. This Agreement, its validity and effect,
shall be interpreted under, and governed by, the laws of the State of
California, and you agree that the arbitrators shall award all costs
of arbitration, including legal fees, plus legal rate-of-interest to
the successful party. Copyright infringement claims shall be brought
in the Courts of the State of California. You consent to service of any
required notice or process upon you by registered mail or overnight courier
with proof of delivery.
13. Legal Fees and Jurisdiction
If BigStockPhoto is obligated to go to court, rather than arbitration,
to enforce any of its rights, or to collect any fees, you agree to reimburse
BigStockPhoto for its legal fees, costs and disbursements if BigStockPhoto
is successful. You agree that the Courts of the State of California are
the agreed and appropriate forums for any such suit, and consent to service
of process by registered mail or overnight courier with proof of delivery.
14. Entire Agreement
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 BIGSTOCKPHOTO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND BIGSTOCKPHOTO
RELATING TO THE SUBJECT OF THIS AGREEMENT.
BigStockPhoto reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10. of BigStockPhoto Terms of Sevice agreement. Your continued use of BigStockPhoto following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.
You agree that by using this site or images, photos or files from this
site, that you are bound by this Agreement. This Agreement evidences
the complete understanding of the parties (you and BigStockPhoto.com)
with respect to the subject matter hereof and may not be amended, modified
or waived in whole or in part except in a writing signed by the parties.
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Click Here for More Expanded Information
on Permitted Uses >>>
| Generally permitted uses: |
- personal use
- advertisement
- presentation
- book cover
- set designs
- trade show signage
- film or video
- scholastic material
- newsletter, brochure
- webpage design
- web template
- PowerPoint template
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| Not generally permitted uses: |
- products where the photo or image really IS your product
- products where the image is a main definitive part of your distributed product
- posters
- art prints
- paintings
- postcards
- e-cards
- greeting cards
- calendars
- t-shirts
- mugs, hats
- mouse pads
- online galleries
- screensavers
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