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Term of Use and Privacy

Terms of use - UnlimPhotos Customer Agreement

§1 Agreement

This Agreement is between (unlimphotos.com) (operating the brand "UnlimPhotos") and customers who use or download content from unlimphotos.com (the site). By using the site you agree to be bound by this Agreement. The customer is required to read, understand and sign this Agreement prior to using any content from the site. If the customer has any questions he or she should contact UnlimPhotos at [email protected] prior to signing the Agreement.

(unlimphotos.com) reserves the right to change this Agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed. This Agreement applies to you and, if you are using this web site on your client's or employer’s behalf, to you and your clients or you and your employer.

§2 General

This site is owned and operated by (unlimphotos.com) . All rights not specifically granted under this Agreement are reserved to (unlimphotos.com) . (unlimphotos.com) may restrict or remove your access to this site at any time and restrict or remove any content without prior notification if there is a breach of contract or illegal use. In special circumstances we have the right to ask you to immediately discontinue all use of a specified content upon notification.

You are solely responsible for determining whether your use of any content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by (unlimphotos.com) or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

((unlimphotos.com) takes reasonable efforts to provide accurate information on the site, but cannot take responsibility for any mistakes, inaccuracies or typographical errors on the site. It is the contributor’s sole responsibility, as the copyright holder, not to upload content that infringes copyright or trademarks. Despite our best efforts to identify any such content, (unlimphotos.com) does not hold any responsibility for any infringements. Please notify us if you discover any such material.

§3 Account

You agree to take reasonable steps to prevent others from obtaining your access information and to notify (unlimphotos.com) of any unauthorized access or need to update or remove access for any of your employees or agents.

§4 Licenses

After acquiring a subscription, you can stream or download content and you will receive a license for use of that content. These licenses are awarded to the account owner (person or organization). This is a one-person/one-company license (unless otherwise explicitly stated) and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. It is not allowed to use this service in order to build an internal image bank for future use.

For high-volume users of extended RF, please contact us at [email protected] Customers are not allowed to automate image download by using scripts. You may modify the content in any way required for reproduction, or include them in your own personal creations. Buying content does not transfer the copyright. You may not claim that the content is your own. You may not sell, license for use, or in any way distribute the content for reuse, except if you obtain an extended license.

Refunds:

We do not offer refunds for downloaded vectors or images. If you have downloaded an image you are dissatisfied with, you should find another image that suits your needs. We do offer refunds for the whole product, if you find it to not meet your expectations, and the usage rate is low.

You may cancel your subscription at any time. Cancelled subscriptions will not be renewed, but you will pay for the billing period already in effect. All subscriptions are subject to pricing changes at any time, including legacy plans.

§4.1 CREATIVE STANDARD LICENSE:

Standard License: The content that you stream may only be used online. Content that you download under the regular Standard license may be used as shown below but not limited to the uses shown below. As long as the item in which the content appears does not contradict any of the restrictions.

Examples of permitted use:

  1. Advertising, Marketing, Promotions
  2. Social Media Websites, Applications
  3. Decorative Purposes
  4. Print / Publications, Digital Media, Education (Unlimited Print Run)
  5. Presentations
  6. Design Elements, Art

Terms:

The quantity of website visitors Unlimited
The quantity of copies or displays for electronic use Unlimited
The maximum allowed size (resolution) of the unmodified File for electronic use Unlimited
Creation of all kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it) Prohibited
Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item Prohibited
Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it Prohibited

EXTENDED LICENSE:

The Extended license includes all permitted uses under the Standard license and does not have any limits on the number of copies, prints or displays and allows you to use the downloaded File for the creation of Items for Resale or Items for Free Distribution in which the File plays a major role in the item and adds value to it.

Terms:

The quantity of website visitors Unlimited
The quantity of printed copies or impressions Unlimited
TThe quantity of copies or displays for electronic use Unlimited
The maximum allowed size (resolution) of the unmodified File for electronic use Unlimited
Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item Allowed
Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it Allowed

Examples of Extended RF permitted use:

  1. Digital use: Web templates, ebook covers, advertising banners, wallpapers, software, mobile apps, e-cards, e-mails, e-books, presentations, presentation templates (PowerPoint, etc.), document templates, any other templates, movies, videos and TV advertising, unofficial logos, items for resale and free distribution, personal non-commercial and commercial use, etc.
  2. Printed use: Book covers, print on demand, greeting cards or postcards especially designed for sale, canvas, t-shirts, mugs, calendars, postcards, mouse pads, advertisements in newspapers and magazines, printed advertising materials, covers and illustrations for books, newspapers, magazines, books consisting wholly or largely of illustrations, business cards, flyers, posters, CD/DVD covers, wrappers, labels and product packaging, stationery, folders, notebooks, pens, pencils and stickers, charms.

It is forbidden to make the content available on a website for download (for example as wallpapers), although you may use the content in a concept on a website. We recommend that you credit the agency and the photographer when you use content. Ex: Contributor unlimphotos.com.

§5 Unauthorized Use

Use Without limitation, content may not be used for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use is regarded as copyright infringement and entitles (unlimphotos.com) to exercise all rights and remedies under applicable copyright law, including restrictions preventing further use and financial compensation against all users and beneficiaries of the use of such content.

RESTRICTIONS MEANING
Sublicense, sell or transfer any rights in License
  1. The Standard and Extended licenses are single seat licenses. A single-seat license authorizes only one (1) person (user) to download and use Files. However, you are allowed to transfer materials or derivative work containing Files to third parties for reproduction within the scope of the permitted uses, provided they don’t receive any additional rights to the Files
  2. You may not transfer any rights in this License to third parties without unlimphotos.com’s written consent
Sell, share, license, assign or distribute Standalone Content
  1. Conveyance of Content to third parties must always be in a Reproduced Licensed Work and never as Standalone Content
  2. You must ensure with adequate technological measures that Standalone Content may not be extracted / copied from Licensed Works by third parties
Infringe Intellectual Property Rights
  1. You may not infringe or misappropriate the intellectual property rights
  2. You may not remove any watermark, author attributions, notices or other intellectual property information in any content
Extract Contents You may not download Contents from the Site using automated methods or scripts
Use Content in Logos / Trademarks Content cannot be used for official logos or trademarks
Use Contents Illegally You may not use Contents in any way that violates any law, regulation or statute in any applicable jurisdiction
Use Content for Immoral, Obscene, Illegal, Defamatory Purposes Content and Licensed Works may not be used in any way that is pornographic, offensive, politically endorsing, racist, culturally offensive, obscene, sexually explicit, immoral, defamatory, intrusive of privacy, illegal, in a manner which endorses violence or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, is discriminatory towards race, gender, religion, faith or sexual orientation
Use Content to Derogate Persons, Property You may not use Content in connection with a subject that would be unflattering or unduly controversial to a reasonable person unless You accompany each use with a statement that clearly indicates that the Content is being used for illustrative purposes only and any person depicted in the Content, is a model
Resell Reproduced Licensed Works Subject to Extended License, Licensed Works may not be resold

§6 Indemnification

You agree to indemnify, defend, and hold (unlimphotos.com) and its affiliates, harmless from all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any content

  1. Disclaimer. You agree that neither unlimphotos.com, nor their respective affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than You), shall be liable for any incidental, indirect or consequential damages arising from any use or non-use of the Content, even if such parties have been advised, or advised of the possibility of such damages.

    THE CONTENT ARE PROVIDED "AS IS" AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  2. Licensee Indemnity. Notwithstanding anything to the contrary in this License, You agree to fully defend, indemnify and hold UnlimPhotos, and their respective officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with UnlimPhotos and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of the Content or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in this License.
  3. UnlimPhotos Indemnity. Provided that You have not breached the terms of this License, UnlimPhotos agrees to defend, indemnify, and hold You harmless up to the Liability Cap. Such indemnification shall only apply to claims for damages directly attributable to UnlimPhotos's breach of the warranties and representations in this Agreement, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of unaltered Content downloaded and used by You pursuant to this Agreement violate UnlimPhotos's warranties and representations contained herein. This indemnification is on the condition that You give UnlimPhotos:

    1. prompt written notice of any actual or threatened claim(s) known to You;
    2. full information, assistance and cooperation for the defense or settlement thereof; and
    3. at UnlimPhotos's option, sole control of any defense, settlement or action related thereto.
    4. UnlimPhotos shall not be responsible for any claim settled without UnlimPhotos's consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
    5. Liability Cap. UnlimPhotos's maximum aggregate obligation and liability to You for all claims (assessed collectively) under number 3 shall be limited to Twenty Five Thousand United States Dollars (US$25,000.00) or the total amount of the license fees paid by You for the Content, whichever the lower (Liability Cap).
    6. Recovery of Costs. If either party commences an action against the other relating to this Agreement for reasons including, but not limited to, the failure to abide by any of the terms of this Agreement, the prevailing party in such action will be entitled to recover all costs including, but not limited to, reasonable attorneys' fees associated with the action. Such relief is in addition to any other relief which may be awarded to the prevailing party.

§7 Fair Use Policy

The following use is not considered as fair use: Mass/Automated downloads, scrapping of website content, single seat credential sharing between people. Failing to comply with the fair use may limit or even cancelation your account.

§8 Other

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you.

(unlimphotos.com) and the client agree and commit themselves to follow the code of business conduct.

Any dispute should first be attempted solved between the parties involved, if unsuccessful, the legal venue will be Michigan, USA Kong.

I affirm that I have full legal capacity to sign this Agreement.

Terms are updated as of November 12th 2019.