Image Search: terms and conditions

IMAGE SEARCH FLAT RATE IMAGE LICENCE AGREEMENT

1. ESSENTIAL INFORMATION
You must accept these Terms and Conditions in-order to use any Image(s) and once you do it forms a legal agreement between you and Image Search Ltd (Image Search). A non-exclusive and non-transferable licence will be granted to you by Image Search for the use of the Image(s). Image Search retains all other rights to the Image(s), including and without limitation, copyright and all other rights. Image Search reserves the right to change these terms at any time, and you agree to be bound by any such changes. This Licence Agreement is operative until terminated either by you or by Image Search.

2. LICENCE
The Image(s) may be licensed by one company or individual only (hereafter "Client") and may not be transferred or resold to any other parties. Rights listed in this Licence Agreement can be granted to agencies provided that these rights are used only for a single Client.

It is the responsibility of the Client to obtain any further consents eg. model and property releases in relation to the use of the Image(s).

The Client must provide correct information that Image Search requires pertaining to the use of the Image(s), and who the Client is.

(a) Permitted Uses:
(i) You may copy, back up, or archive the Image(s) as necessary for internal use only. Any copy or archive you make must include the Image(s) copyright information.

(ii) You may publish any licensed Images(s) in electronic or print media, including editorial use and advertising after you accept these Terms and Conditions and your payment has been received.

(iii) You may modify the Image(s) as necessary for your intended use. The rights to any modified Image(s) belong to Image Search.

(iv) You may allow a third party, such as a printer, in the normal course of work-flow, temporary copies of the Image(s) in-order to complete the project.

(b) Prohibited Uses:
(i) It is prohibited to use the Image(s) for any re-saleable or mass produced items where the image is the main part of the product - unless agreed by Image Search - (including but not limited to consumer merchandise, calendars, gift cards, framed prints etc) or products intended to allow the re-distribution or re-use of the Image(s) (as determined by Image Search).

(ii) It is prohibited to use the Image(s) or any part of it as part of a service mark, trademark, or logo.

(iii) It is prohibited to use the Image(s) in any way other than stipulated within this agreement. Image Search does not sell images, only the rights to use them according to our Licence Agreement.

(iv) It is prohibited to use the Image(s) in any way that could be considered immoral, pornographic, defamatory, libellous, fraudulent or obscene, either by altering or modifying it, or in the juxtaposition to accompanying text or Image(s). You agree not to associate the Image(s) with any sensitive subject matter, as determined by Image Search, including but not limited to the following sensitive subjects: all sexual issues, sexually transmitted diseases, alcohol, tobacco, substance abuse, AIDS, mental ailments, cancer, Homosexual or alternative lifestyles issues, and physical or mental abuse, without advance written consent from Image Search and any model in such Image. Sensitive subject usage includes both commercial and editorial uses.

3. COPYRIGHT PROTECTION
When displaying or using Image(s) for editorials Image(s) must bear the credit "© Image Search".

4. PAYMENT TERMS
Payment must be made to Image Search within ten (10) days of the date of invoice. The Image(s) will not be delivered and no rights are granted to you until full payment is received. You are accountable for all bank fees for payments made by foreign cheque or direct payment/transfer to our account. Image prices can be found on Image Search's web site or at the top of this page.

5. REFUNDS
Image Search will provide a replacement or substitution if there is a technical problem with Image(s). Image Search is unable to offer monetary refunds once the Image(s) have been delivered. Image Search does not warrant that the Image(s) will meet your requirements. The Image(s) are provided "as is". The entire risk as to the performance and quality of the Image(s) is with you.

6. TERMINATION
You can terminate this Licence Agreement by destroying the Image(s) with any copies or archives. If at any time you fail to comply with or breach these Terms and Conditions then this Licence Agreement is immediately terminated and you may then be in breach of International Copyright Laws. If this occurs, you hereby agree to cease using the Image(s) for any purpose and you must destroy all copies and archives of the Image(s). You must also inform Image Search in writing that you have complied with these requirements.

7. INDEMNIFICATION
You agree to indemnify Image Search against all claims or liability arising out of or in connection with any breach of any of the terms of this Licence Agreement.

8. DISPUTES
The Disputes Tribunal or the District Court of the New Zealand Department of Justice (as the case may be) shall settle any disputes arising from this Licence Agreement.

9. DISCLAIMER
(i) Image Search excludes to the fullest extent permitted by International Law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.

(ii) Except as specifically stated in our Terms and Conditions or as otherwise required by law, neither Image Search nor its directors, employees, contributors, suppliers or other representatives will be liable for damages of any kind (including but without limitation to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of or your inability to use the Image(s) licensed from Image Search, whether or not we have been advised of the possibility of such damages.

(iii) Image Search uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. While Image Search takes reasonable care to correctly identify and caption the images, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

10. VARIATIONS
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions. No Terms or Conditions may be added or deleted unless made in writing and signed by both Image Search and the Client. This provision does not apply to the invoice/licence we shall issue for use of images and which may contain additional terms relating to the rights granted. The explanations to FAQ's and other explanations and content provided in Image Search's web site are for your information only and are not, and shall not be construed as, part of this Licence Agreement. If you would like to acquire further rights not provided for under this Agreement you should contact Image Search concerning a separate licence.