License Agreement

THE FOLLOWING TERMS AND CONDITIONS.  YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM PROSTOCKPIX.COM CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS. PROSTOCKPIX.COM reserves the ight to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).

  1. Prostockpix.com licenses to you the use of Image(s) Files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by Prostockpix.com and its associates. Use of the Image(s) Files without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.
  2. Permitted Uses. You may:
    1. back up, and store, single Image File as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice "© Prostockpix.com".
    2. use the Image(s) File(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s) File(s).
    3. in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
    4. print or use the Image(s) File(s) for your own use in any size, but you may not resell it, or redistribute it to others in any way.
    5. use the Image(s) File(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s) File(s).
    6. use the Image(s) File(s) on product packaging or in any items for personal use, including book or album covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), website designs, business cards, other designs, website and powerpoint templates, films or videos, demonstrations, presentations, trade show signage, provided such use is not intended to allow the re-distribution or re-use of the Image(s) File(s).
    7. modify or alter the Image(s) as necessary for your use, and provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of Prostockpix.com or its associates and you shall only use such derivative work in accordance with this Agreement.
  3. Prohibited Uses. You may NOT:
    1. sublicense, distribute, transfer or assign the Image(s) File(s) or rights to the Image(s) File(s).
    2. remove any copyright, trademark or watermark from any place where it appears on the Image(s) Files(s)
    3. use the Image(s) File(s), or any part of the Image(s) File(s), as part of a trademark, service mark, or logo.
    4. use the Image(s) File(s) to compete or using the Image(s) File(s) to enter, either directly or indirectly, a similar or competing business with Prostockpix.com.
    5. use the Image(s) File(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
    6. display or post images obtained from the Prostockpix.com website in a gallery or library format that makes it easy for people to copy, save or steal the photos.
    7. post any file obtained from the Prostockpix.com in a gallery format designed or intended to facilitate transfers of files via the Internet by individual users.
  4. Discontinuance:
    1. Prostockpix.com reserves the right , in its sole discretion:
      1. to monitor, as frequently as Prostockpix.com determines, anything you download from Prostockpix.com,
      2. to limit downloads to a fixed amount of downloads per month period
      3. to track any abuse of your username and password
      4. to suspend or terminate your account, without notice, if Prostockpix.com believes there is a violation of this Agreement, and/or any abuse of your username and password.
      5. to elect at a later date to replace the Image File(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Image File(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Image File(s). You agree not to use the replaced Image File(s) for future products and to take all reasonable steps to discontinue use of the replaced Image File(s) in products that already exist.
  5. WARRANTY AND LIMITATION OF LIABILITY
    1. Prostockpix.com represent and warrants that:
      1. it has the right to enter into this Agreement and to grant the rights hereunder
      2. the Image(s) File(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license
      3. the Image(s) File(s) as provided hereunder, and used as permitted herein, will not infringe any copyright, trademark, moral right, right of privacy or any other intellectual property right of any third party.
    2. You represent, warrant and covenant that:
      1. you are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal
      2. you will not use the Image(s) in any way that is not permitted by this Agreement
      3. the information that you provide to Prostockpix.com is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary
  6. Jurisdiction
    1. this Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the Province of Ontario Canada. You agree to reimburse Prostockpix.com for its legal fees, costs and disbursementsl. You expressly consent to the exclusive jurisdiction of the Courts of the Province of Ontario are the agreed and appropriate forums for any claims.
    2. you may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. Prostockpix.com may assign or transfer this Agreement freely.
  7. Entire Agreement
    1. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROSTOCKPIX.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PROSTOCKPIX.COM RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN PROSTOCKPIX.COM' WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.
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