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PowerPictures

End User License Agreement

 

All images currently offered by CrystalGraphics are licensed from Shutterstock’s Bigstock division and brought to you by CrystalGraphics under our PowerPictures brand name. This end user license agreement regarding the images is, therefore, between you, CrystalGraphics, Inc. and Bigstock.

The following is a legal agreement (the “Agreement”) between you or the employer or other entity on whose behalf you are entering into this Agreement ("you"), CrystalGraphics, Inc. (“CrystalGraphics”) and SS SPV LLC d/b/a BIGSTOCK ("Bigstock"). Please read this Agreement carefully before downloading any PowerPictures images from the CrystalGraphics.com website ("Image" or "Images"). By downloading any Image, you agree to be bound by this Agreement and CrystalGraphics's Privacy Policy which is made a part hereof by this reference. Your failure to comply with the terms hereof could result in the immediate termination of your account.

CrystalGraphics and Bigstock reserve the right to change this Agreement at any time, and you agree to be bound by such changes. If and when changes are made notification will be provided to you. Please make sure that you read and understand all changes. If you do not agree to this Agreement, as same may be amended from time to time, do not download or use any Images.

Image download rights, including but not limited to annual subscriptions, expire on the one year anniversary of the date of purchase and are nonrefundable without exception.

PART I
GENERAL TERMS

1. All Images on the CrystalGraphics.com website are protected by United States and international copyright laws and treaties. Bigstock and/or the various artists who provide Images to Bigstock ("Contributors") own all rights, including the copyrights in and to the Images. Bigstock and/or its Contributors reserve all rights in and to the Images not expressly granted to you by the terms of this Agreement. Your rights to use any Image are subject to this Agreement and are conditioned upon your payment to CrystalGraphics for your use of the Images. If you fail to make any payment to CrystalGraphics when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed to be delinquent. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and CrystalGraphics costs of collection, bank charges and credit card processing fees are received by CrystalGraphics no later than fifteen (15) days from the date that your account became delinquent.

2. This Agreement grants you a single-user, single-seat license. This license shall not be used simultaneously on multiple devices, or at any time by multiple persons. This license is assignable one time to an employee or agent of yours, provided that you provide no less than 10 days prior written of such assignment to CrystalGraphics.

3. Each separate use of an Image downloaded hereunder requires a separate payment. For example, if an Image is used as part of a website design and in a business card, the Image license must be paid for two times. This is accomplished by downloading and paying for the Image as many times as necessary. Using an Image in multiple products without purchasing separate licenses for such uses is a violation of this Agreement and might expose you to liability for copyright infringement.

PART II

USAGE RIGHTS

4. By this Agreement, Bigstock grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein and in Part II hereof. You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images.

PERMITTED WEB / ELECTRONIC USES

5. This Agreement grants you the right to:

a. Incorporate Images on web sites, provided that no Image is: i) displayed at a resolution greater than 1200 x 800 pixels; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images, or

b. Use Images in coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email or linked to from unsolicited email;

c. Incorporate Images into software as background images or splash screens, including but not limited to video games, phone applications and device firmware, provided that the Images or any digital files containing the Images cannot be unincorporated from the software;

d. Use Images in multimedia presentations and incorporate them into film and video;

e. Use Images in eBooks, including multi seat license electronic textbooks.

PERMITTED PRINT USES

f. Use Images as prints, posters, postcards (i.e. a hardcopy) and other reproductions for your own personal use and display, including display in commercial settings, provided such hardcopies are not resold or otherwise distributed;

g. Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions and further provided that the surface area of any single poster does not exceed 7.5 square feet.

h. Use Images in magazines, newspapers, books, book covers, textbooks, editorials and directories for editorial and/or advertising purposes;

i. Use Images in the artwork for the packaging of any product;

j. Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark;

6. All other rights in the Images are expressly reserved by Bigstock for itself and its Contributors.

PART III

RESTRICTIONS

YOU MAY NOT:

7. Use an Image other than as specified in PART I.

8. Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-commissioned “print-on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, tee shirts, posters, giclée prints, wallpaper, artwork and other items. For the purposes of this Agreement, the term “print on demand means”, a printing technology and business process in which copies of a product are not printed until an order for the product has been received.

9. Use an Image in such a manner that it infringes upon any third party's trademark or other intellectual property.

10. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products or other addictive substances; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products( including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products), if the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity; and f) in any manner that is defamatory, or contains unlawful or offensive content.

11. Share an Image by providing access to such Image on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise.

12. Use Images in a manner that competes with CrystalGraphics’s or Bigstock's businesses. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Images for sale, incorporating Images into templates of any nature, including templates for websites, social networking websites, documents, projects or otherwise making Images available for distribution and/or sale to third parties.

13. Use the Images as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement. Additionally, Images must be an integrated, inseparable part of a product and must constitute less than 50 percent of the overall product area, page layout or design.

14. Use an Image marked "Editorial use only" for commercial purposes. If an Image is marked, "Editorial use only", additional permissions may be required for commercial use. Neither CrystalGraphics nor Bigstock provides such permissions.

15. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

16. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image

17. Use automated programs, applets, bots or the like to access the Bigstock.com or CrystalGraphics.com websites or any content thereon for any purpose, including, by way of example only, downloading Images, indexing, scraping or caching the content on the website.

PART IV

MISCELLANEOUS

18. Purchases of images and PowerPictures Annual Subscriptions are final and non-refundable.

19. The work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Image(s) sold by CrystalGraphics, please email our tech support team immediately.

20. You agree that you will not share your PowerPictures Annual Subscription username and password combination. Your username and password are to be used exclusively by you. Each person that desires to download subscription images from the CrystalGraphics.com site must have his/her own username and password. You may access your account on multiple computers, but only one computer may be logged in using your account at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute measures to stop users from sharing their login information.

21. You agree to indemnify and hold CrystalGraphics and Bigstock, their officers, employees, shareholders, directors, managers, members and suppliers, and those of their affiliates including parent companies and subsidiaries, harmless against any damages or liability of any kind arising from any use of Images other than the uses expressly permitted by this Agreement. You further agree to indemnify both CrystalGraphics and Bigstock for all costs and expenses that CrystalGraphics or Bigstock incur in the event that you breach any of the terms of this or any other agreement with CrystalGraphics or Bigstock.

22. You Warrant and Represent that:

a. All information, including personal information, that you provide to CrystalGraphics is accurate, complete, and current at the time you provide it to CrystalGraphics. You agree to correct and update such information to ensure its accuracy and completeness at all times. Falsification of such information, or failure to comply with this Agreement may result in the termination of your account with CrystalGraphics.

b. You accept responsibility for any and all activities conducted through your CrystalGraphics account. You agree to notify CrystalGraphics immediately of any unauthorized use of your account, including the unauthorized use of your password or accounts, as well as of any other breach of security that may affect CrystalGraphics or Bigstock.

c. You may not create additional accounts for the purpose of re-using promotional codes, affiliate program referrals or other bonus / special offers. You may not use more than one promotional code or offer without CrystalGraphics's consent. Promotional codes and offers may not be combined.

d. You will not in any way impersonate another person or act in a manner which may cause others to confuse you with another party. You will not engage in any behavior which either CrystalGraphics or Bigstock, in their discretion, deems vulgar or otherwise offensive.

e. If CrystalGraphics terminates your account, you will not access CrystalGraphics.com in any manner or for any reason without the prior express written permission of CrystalGraphics.

23. While CrystalGraphics and Bigstock use commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of our Editorial Images, neither CrystalGraphics nor Bigstock make any warranties and/or representations regarding such keywords, Image descriptions or integrity.

24. The rights granted to you under this Agreement shall terminate immediately and without notice: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings, by or against you; (ii) upon you making an assignment for the benefit of creditors; or (iii) upon the dissolution of any entity on whose behalf you entered into this Agreement, or at the moment such entity ceases to do business. Bigstock shall not consent to any assumption or assignment of the rights granted hereunder in the event of any of the preceding.

25. You must be at least 18 years of age to use the CrystalGraphics.com website and accept this Agreement. CrystalGraphics may require any registrant to provide sufficient proof of age.

26. This Agreement is a contract which shall be governed by and construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this Agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This Agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.

27. If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to CrystalGraphics and Bigstock for any breaches of the terms of this Agreement.

28. Credit Attributions and Copyright Notices for Editorial Uses of Images

a. You shall provide a link to CrystalGraphics.com (where applicable) -OR- provide a credit to the image contributor and to CrystalGraphics.com in connection with the editorial use of any Image. Such credit shall be in substantially the following form: "Name of Artist/CrystalGraphics.com".

b. In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the image contributor and Bigstock a credit as provided above.

c. The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that you cure such omission following email notice from Bigstock.

29. In the event that you breach any of the terms of this or any other agreement with CrystalGraphics or Bigstock, CrystalGraphics shall have the right to terminate your account without further notice. Such termination shall be in addition to CrystalGraphics’s or Bigstock's other rights at law and/or equity. Neither CrystalGraphics nor Bigstock shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of any such breach or breaches.

30. Neither CrystalGraphics nor Bigstock grant any rights nor makes any representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any Image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained.

31. Neither CrystalGraphics nor Bigstock warrants that the Image(s), CrystalGraphics or Bigstock websites, or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Image(s) is solely with you.

32. You understand that you should seek counsel before using Images on or in connection with any goods or services or for any other commercial purposes.

33. In no event shall CrystalGraphics’s or Bigstock’s total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the CrystalGraphics.com website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by CrystalGraphics from you for your use of the applicable Image(s). Neither CrystalGraphics nor Bigstock nor any of their officers, employees managers, members, shareholders, directors suppliers or those of their affiliates including parent companies and subsidiaries, shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Image(s), CrystalGraphics or Bigstock's breach of this Agreement, or otherwise, unless expressly provided for herein, even if CrystalGraphics or Bigstock has been advised of the possibility of such damages, costs or losses.

34. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting CrystalGraphics or Bigstock, CrystalGraphics and/or Bigstock will promptly file a complaint with www.ic3.gov, the Internet Crime Complaint Center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.

35. I agree that it is up to me, as the person downloading the photo, to determine if my use of the photo is legal. In some uses, such as where a known building or logo or a piece of sculpture or a trademarked image is shown, you may want to determine whether your use falls under the U.S. Copyright Law's definition of "Fair Use".

Effective July 31, 2012


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