This Terms of services valid for the items purchased from istockplus.com and not related to the items that available only on videohive.net.
ISTOCKPLUS.COM TERMS OF SERVICE
This TERMS OF SERVICE (this “Contract”) governs the terms by which you (“You” or “Your”) obtain the right to download and use project files, footage, layout, and supporting documents such as photos or original artwork and instructional material (collectively such downloaded information is referred to as “General Content”). please read this agreement (“agreement”) in its entirety before you continue to use this website or purchase any product. 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 website.
General Information Regarding this Contract
By purchasing and downloading the content you agree to this contract and are bound by its terms. If You are accepting on behalf of Your company or employer, You represent and warrant that You have full legal authority to bind Your company or employer. Nothing herein shall be construed to constitute the parties hereto joint ventures, nor shall any similar relationship be deemed to exist between them. All purchases are final.
Upon Your acceptance of this Contract and Our receipt of payment from You, We grant to You a perpetual, non-exclusive, non-transferable worldwide license to use the Content. All copyright and other intellectual property rights relating to the Content, are retained by Us or the producer of the Content.
1. You may use the Content in only one production and may reproduce the item containing the Content an unlimited number of times. For information and prices for extended licensing of the Content.
2. You may make one (1) copy of the Content solely for back-up purposes
3. advertising and promotional projects, including those that are electronic or used on the worldwide web, film and video presentations, commercials, electronic catalogues and brochures.
4. films, video, broadcast and theatrical presentations;
5. on-line or electronic productions including web pages, podcasts and videocasts.
GENERAL CONTENT LICENSE.
Permitted Uses for General Content:
Subject to the restrictions described under “GENERAL CONTENT LICENSE RESTRICTIONS: PROHIBITED USES” .
1. Distribution of the Content or any of its components for profit on websites involving the sale of stock footage, stock animations, or royalty-free After Effects files.
2. Distribution of the Content on peer-to-peer, shareware, link sharing websites is STRICTLY PROHIBITED.
3. Transferring or distributing the rights granted under this Contract;
4. Use of the Content in a way which could be considered obscene, immoral, infringing, defamatory or libelous in nature, or that could be reasonably likely to bring any person or property reflected in the Content into disrepute;
5. sale, resale or distribution of the Content as a part of another production where the Content, in our sole discretion, comprises 25% or more of the finished product.
6. removal of any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content.
7. sub-licensing, re-selling, renting, lending, assigning, gifting or otherwise transferring or distributing the Content or the rights granted under this Contract.
8. breaking the Content into smaller pieces and selling these pieces as stock media.
9. release of Music on any commercial audio-only product (e.g., compact discs or other records or tapes, audio books, etc).
Term of Contract
This Contract is effective until it is terminated. If You terminate this Contract You must destroy or delete the Content along with any copies or archives of it and cease using the Content for any purpose. This Contract and all of Your rights under it terminates automatically without notice if at any time You breach any of its terms. You must, if requested, confirm to Us in writing that You have complied with these requirements and provide any proof thereof requested by Us.
This Contract can be amended at any time by posting an amended contract on the website. Your only recourse, if You are not agreeable to the amended contract is to terminate this Contract and cease use of the Content. Otherwise, You will be bound by the terms of the amended contract.
Replacement of the Content
We may revoke the license granted by this Contract and replace the Content with an alternative for any reason. We may inform You of replacement of the Content by sending notice of same, along with the replacement the Content to the address or contact information provided to Us by You or such other address as You may advise Us in writing to use. In the event of a replacement, the license for the replaced the Content immediately terminates for any products that do not already exist, and this Contract (or the then-current version of this Contract) automatically applies to the replacement the Content. You agree not to use the replaced the Content, and to take all reasonable steps to discontinue use of the replaced the Content.
Limitation of Warranties and Liability
THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
You hereby agree to indemnify and hold istockplus.com harmless against all liability, cost, loss, expense (including reasonable attorney’s fees) or damages paid, incurred or occasioned by any claim, demand, suit, settlement, or recovery against istockplus.com, without limitation, arising out of the breach or claim of breach of this Contract; the use of the Content; and for any alleged defects in the Content. You hereby consent to submit to the personal jurisdiction of any court, tribunal or forum in which an action or proceeding is brought involving a claim to which this foregoing indemnification shall apply.
If istockplus.com is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, You agree to reimburse istockplus.com for its legal fees, costs and disbursements if istockplus.com is successful.
istockplus’s failure to insist upon or enforce strict performance of any provision of this Contract shall not constitute a waiver. This Contract is not assignable by You without istockplus’s prior written consent. istockplus.com may assign this Contract without Your consent to any other party so long as such party agrees to be bound by its terms.