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PHOTOGRAPHIC TERMS




NOTICE TO USER

This is a legal agreement between you (“you”) and Silver Image Library Ltd (“SIL”). Please read this agreement in its entirety before you continue to use this website or download any image. By checking the box that indicates agreement to the following terms and conditions and by using this website, you agree to be bound by the terms and conditions of this agreement. If you
do not agree, do not check the box indicating agreement, and discontinue using the site.

Silver Image Library Ltd reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. Any user found not to be operating within these Terms of Use will be banned from further use of the Site.



OWNERSHIP OF THIS WEBSITE

This Site is owned and operated by Silver Image Library Ltd (“SIL”). All elements of the Site, including the Content on the Site and general design, are protected by copyright.


AUTHORIZED USE


1. By using an (“SIL”) Image or exercising any rights granted under this License Agreement (the "Agreement"), you agree to be bound by this Agreement. If you do not wish to accept the terms of this Agreement, you will not be able to continue shopping with Silver Image Library Ltd.

2. Conditioned upon your payment of the purchase price for the Image or CD and your compliance with the terms of this Agreement (including all restrictions), (“SIL”) grants to you a non-exclusive, non-transferable right to use and reproduce Images from the CD or the (“SIL”) Website in the following, and only the following, ways:

- any printed materials including magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, reports, packaging and, provided materials are not offered for retail or wholesale sale, greeting cards, t-shirts, postcards, posters, and calendars.

Other Than Print Uses -- any electronic or digital materials including screensavers, electronic greeting cards, websites (but not website templates), broadcast video, multimedia including film and video, and CD ROMs, provided that no Image is at a resolution greater than 480x640 pixels and each Image is incorporated into a design in such a manner to make it clear that the Image is not intended to be downloaded or copied.



RESTRICTIONS

Silver Image Library Ltd may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification the license granted by (“SIL”) shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at (“SIL”)' sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. (“SIL”) cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material.

   Without limitation, Images may not be utilized:

  • as a trademark or service mark
  • for any pornographic, unlawful purpose or use
  • to defame any person
  • to violate any person's right of privacy or publicity
  • to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
  • for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product

3. "Non-transferable," means that the work you produce using an (“SIL”) Image must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

4. When a CD is purchased by a company, this license Agreement authorizes no more than five (5) individuals to use the Images contained on the CD and exercise the rights described in this Agreement.

5. You shall indemnify and defend Silver Image Library against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) your failure to abide y any restriction regarding the use of an Image, or (iv) any claim by a third party related to the use of an Image, alone or in combination with any other material.

6. Limited Warranty. Subject to the restrictions and limitations regarding your use of an Image contained in this Agreement, (“SIL”) warrants that it owns the rights to the copyright for the Image(s) to grant you the limited license under this Agreement. Additionally, (“SIL”) warrants that the digital copy of the Image(s) provided by (“SIL”) to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) and, (“SIL”) makes no warranties nor shall (“SIL”) be liable for any Image which: (a) has been modified by you (b) has been combined by you with other images, products, content or materials, or (c) Silver Image Library Ltd has previously notified you not to license or otherwise use.

Neither Silver Image Library nor any of its directors shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the CD or Website or an Image, even if (“SIL”) has been advised of the possibility of such damages.

LINKS TO THIRD PARTY SITES Linked Sites are not under our control and we are not responsible for the Content of any linked Site or any link contained in a linked Site, or any changes or updates to such Sites. We provide the links to you only as a convenience. We do not endorse the linked Sites or their use or Content.

A SILVER IMAGE COMPANY ©
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