getfreshpix.com License Agreement

Royalty-free

Royalty-free pricing is based solely on the size of the product you need, not the specific use. All our photographs are similar in size and are so priced at identical prices. You don't have to pay any additional royalties on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for multiple projects without paying additional fees. (Pornographic, defamatory, libelous or otherwise unlawful use of any image is, of course, prohibited.)

License Agreement

GetFreshPix.com License Agreement (Royalty-Free)

The GetFreshPix.com License Agreement governs usage of the images you purchase from GetFreshPix.com. Royalty-free images can be used for multiple projects across a broad range of media over an unlimited period of time, but also require that you agree to the terms of the License Agreement. (Pornographic, defamatory, libelous or otherwise unlawful use of any image is prohibited.) Here are some examples of image uses for which you will need an image license:

• Website, online and multimedia designs
• Advertising and promotional campaigns, presentations and brochures
• Book jackets and interior pages
• Packaging for software, music albums, CDs, cassettes and videotapes
• Calendars, greeting cards and posters
• Trade show displays, billboards and exhibits
• Products for resale in any quantity

Images are not licensed for use in a downloadable or FTP format.

Pornographic use, use that would be defamatory or libelous absent the consent of the model or use that is otherwise unlawful is prohibited. If an image featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement, which indicates that the person is a model and is used for illustrative purposes only.

Terms and conditions of use of Royalty-free images

This is a legal agreement between you, the contributor(s) of the image(s) you have selected and getfreshpix.com. Getfreshpix.com has been appointed agent by its Contributors to grant this Licence.

Read this agreement in its entirety before you download any image. By downloading the image you have selected from this website you agree to be bound by the terms of this agreement and the image usage specifications listed herein.

1.Definitions

"Terms"
Means the terms and conditions set out in this agreement.

"Contributor"
Means the Copyright Owner(s) of the Image(s) or their agent(s) who have submitted the Image(s) to getfreshpix.com.

"Copyright Owner"
Means the person who is represented as owning the copyright in any Image and whose name and address is provided on-line to getfreshpix.com.

"getfreshpix.com"
Means Getfreshpix.com, a wholly owned division of Fresh Innovation.

"Image(s)"
Means the Image you have selected which is/are the subject of the Licence Agreement.

"Licence to Use"
Means the non-exclusive non-sublicencable right getfreshpix.com, on behalf of the Contributor, grants to you or your employer (if you are licensing on behalf of your employer) to use the Image(s) you have selected.

"Licence Confirmation Form"
Is the section of this agreement which grants you limited Reproduction rights over the Image(s) to which it refers.

"Reproduction"
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of the Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Image may not appear to a reasonable person to be derived from the original Image.

"Release"
Means an adult Release, property Release or any other release of a third party right which it is necessary or desirable to obtain in respect of the Image.

"Licence Fee"
Means any sum or sums actually received by getfreshpix.com from you in consideration of the Licence to Use.

2. Contracting parties

The parties to this contract are getfreshpix.com, the Contributor and you. If you are entering into this agreement on behalf of your employer, the licence granted and restrictions and limitations recited herein apply to your employer and to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement and your rights under this agreement will be terminated.

3. Licence Confirmation Form

The Licence Confirmation Form(s) is/are as selected by you above on this website.

4. ÊGrant of Licence

i. getfreshpix.com, on behalf of the Contributor, grants to you the right to use the Image(s) on a worldwide and perpetual basis as a part of:
a. advertising and promotional materials (including packaging); and/or
b. online or other electronic distribution systems (including web page design) and broadcasts or theatrical exhibitions; and/or
c. any products (including for-sale products) or publications (electronic or print); and/or
d. materials for personal, non-commercial use and test or sample use, including comps and layouts.

For the above Licence uses (a) to (c) it is your responsibility to check whether the Image has the appropriate Release if this is needed for the usage you wish to use the image for. Please note, not all of getfreshpix.com Images have Releases.
ii. The Image(s) may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
iii. Pornographic, defamatory, libellous or otherwise unlawful use of the image(s) is strictly prohibited.

5. Copyright Issues

No ownership or copyright in any Image shall pass to you by the issue of a Licence to use with respect to the Image. You must provide copyright protection for any Image you download from this website. Such copyright shall be immediately assigned to getfreshpix.com upon request. Unless otherwise agreed in writing, if any Image reproduced by you for editorial purposes (i.e., for any non-promotional purpose) omits the credit line "(Photographer's or Agency's name)/ getfreshpix.com".

6. Warranty and Limitation of Liability

i. getfreshpix.com warrants the digital copy of the Image in the form downloaded by you to be free from defects in material and workmanship for 10 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Image or refund of the Reproduction fee paid by you, at getfreshpix.com's option.
ii. getfreshpix.com shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
iii. getfreshpix.com makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither getfreshpix.com nor its contributors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, lost profits or other damages arising out of this licence or otherwise.

7. Duplication and Storage

i.ÊImages are stored in your Memebers Area within getfreshpix.com so you can download and re-download as needed! You are not to give others access to download the same image for other uses.

8. Payment

Image delivery is made instantly after payment is made through the getfreshpix.com system. If for any reason the payment process is unsuccessful but you receive the image you do not have the rights stated in this agreement. Rights to the image come with successful payment/purchase of image.

9. ÊUnauthorised Use of Images

You agree to indemnify and hold getfreshpix.com and the Contributor of the Image(s) harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorised use of any Image supplied to you by getfreshpix.com, or for your breach of any of the terms of this agreement.

10. Licence Not Assignable

Reproduction rights granted to you may not be assigned. They are personal to you or your employer.

11. ÊRelease Information

i. getfreshpix.com gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.
ii. getfreshpix.com gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.
iii. You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of the Image have been secured.

12. Condition of Images

Please make sure that you examine the Image you intend to use for possible defects before sending the Image for Reproduction. getfreshpix.com shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or it's caption or in any way from it's Reproduction.

13. Right to Information

getfreshpix.com may at any time thereafter inspect any records, accounts and books relating to the Reproduction of any getfreshpix.com Image to ensure that the Image is being used in accordance with the Licence to Use granted to you.

14. Time is of the Essence

Time is of the essence in the performance by you of any payment obligations.

15. Arbitration

Any and all disputes arising out of, under or in connection with this contract, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in the English courts.

16. Downtime

Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. getfreshpix.com make no guarantees for the getfreshpix.com website being live so you are advised to maintain a copy of your images and accounts.

17. Miscellaneous Terms

No variation of any of these Terms shall be effective unless agreed in writing by getfreshpix.com and you. No action of getfreshpix.com, other than an express written waiver, may be construed as a waiver of any clause of this agreement. In the event that getfreshpix.com waives any specific part of this agreement, such fact does not mean that any other part is waived. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the printed terms contained herein and the terms contained on any purchase order sent by you or your employer, the terms of this agreement shall govern. This agreement, its validity and effect, shall be interpreted under and governed by the laws of England. If getfreshpix.com is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify getfreshpix.com for all such reasonable legal fees and costs incurred by getfreshpix.com.