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.