Image Envision's End User License Agreement (EULA)
By downloading and using the image(s) you agree to and are bound by the terms of this agreement.
Image Envision holds no responsibility from any legal issues that may arise from ANY use of the end user. The end user is responsible for any legal issues or costs resulting in their use.
Images are non-exclusive which means that others may also download and use the same image for competitive or other purposes. If you wish to purchase exclusive use of the image(s) so no one else can use it, please contact customer service for fees.
Licenses are not transferable. A license must be purchased for each image and each end user. If you have multiple clients that want to use the same image, you must purchase a license for each client. You cannot use the same license for more than one client.
The end-user is responsible for all liabilities regarding model and property releases, privacy issues, trademarks, slander, libel, etc., that may arise from the use of the image(s).
You are responsible for respecting the rights of those in the photographs. Each photo page displays whether or not a model or property release has been obtained for that particular photo, however a release may not protect you if you use the image in a manner that damages the reputation of the model. You are responsible for the end-use and any legal and/or any financial liability that may arise from such use.
You may not use any image found on this site for any illegal or fraudulent purpose or to promote pornographic and/or obscene material.
If the intended use of an image involves a case that may cause harm to a person's reputation (sensitive issue), child or adult, please contact customer service and explain your use. A bullet proof model release will need to be obtained from the model and legal guardian to clear the use. Sensitive issues include, but are not limited to, using a picture of an identifiable person for anything pertaining to; sex and sexual orientation, drugs, illness and diseases, abuse, etc. If you use such an image for any sensitive issue, without clearing the purpose from the model and obtaining a bullet proof release, you are responsible for any and all liabilities that may arise from your use.
It is the end user and purchaser's responsibility to decide if the image requires a release. Image Envision gives no legal assertion that an image marked as having a model and/or a property release has a release. Releases are kept by the contributors of the images. Image Envision does not verify the information on the releases. If your use requires a release and you need proof of one, please contact customer service and we can obtain the release from the contributor. Please note that this may take days or even weeks to obtain if the contributor is traveling.
Copyright is NOT transfered upon licensing of an image.
Images may not be used as part of a logo or a trademark. They may be used for logo-type purposes but cannot be copyrighted or trademarked by anyone but the creator.
Images licensed are for the end user only, no additional parties.
Distribution of the image(s) must be as an end product. You may not distribute the image(s) on a network, CD, website, or any other means, for free or for charge. Only the copyright holder and/or agent for the copyright holder may license or re-license these images. Again, you must purchase a license for each end user. Example; if you have a layout site for business cards, brochures or layouts, you would need to purchase the license for each customer that chooses to use one of our images.
You shall indemnify and defend Image Envision and its image contributors against 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 or modification of any Image or combination of any Image with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
Image Envision is not and cannot be held responsible for incorrect identification, titles, descriptions or captions of any images, such as the wrong identification name of a flower. It is up to the end user to make sure identifications are correct for their purposes. If you happen to obtain an image that is incorrectly identified, please contact customer service and we can refund your order or substitute an image within 14 days of purchase.
Images may contain copyrighted material or trademarks. You are responsible for seeking legal counsel for your use of the image(s). You accept responsibility for all liablilties that may arise from your use of the image(s).
It is up to the licensee/publisher to be aware of how you may use a photo. Using a photograph of a person for a newspaper (editorial) is completely different than using it in an advertisement or retail items (commercial).
Wikipedia - About Model Releases http://en.wikipedia.org/wiki/Model_release
This EULA posted August 26th 2007.
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