Skift til dansk version Dear Customer, The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and ask4Photos. Please read this agreement carefully before downloading any of ask4Photos' images. By downloading any image, you agree to be bound by the terms of this agreement. ask4Photos reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. Please make sure that you read and understand all changes. The new text will be shown in red color for 6 months from the date of change (changed yyyy-mm-dd). If you do not agree to such changes from time to time, do not download or use any images. The use of an image is exclusively controlled by the Terms of Service in effect at the time of the download. 1. All images on the ask4Photos website are protected by international copyright laws and treaties. ask4Photos and/or the contributors who provide content (images) to ask4Photos ("Submitters") own all rights, including the copyrights in and to the images. ask4Photos and/or its Submitters reserve all rights in and to the images not expressly granted to you by the terms of this license. Your rights to use any image are subject to this agreement and are conditioned upon your payment to ask4Photos for your use of the images. If you fail to make any payment to ask4Photos when due, or if your credit card charge is refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an image and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded image, subject however, to the terms of this agreement. 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 ask4Photos' costs of collection, bank charges and credit card processing fees are received by ask4Photos no later than fifteen (15) days from the date that your account became delinquent. 2. Rights managed This license type grants you the right to use the image within the limits of your self-defined set of combinations. 3. Royalty free This license type grants you a personal, non-exclusive, non-transferable right to use and reproduce images within a period of six (6) months in the following ways, subject to the limitations set forth herein: a. On web sites, provided that no image is displayed at a resolution greater than 900 x 600 pixels; b. As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution; c. As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution; d. As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold; e. In coordination with opt-in email marketing. However, images cannot be used in connection with unsolicited email - or linked from unsolicited email and no image may be reproduced or used more than 250,000 times; f. On letterhead and business cards, pamphlets, brochures, catalogues and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual image is reproduced more than 250,000 times in the aggregate; g. In the artwork for the packaging of any product provided that the print and/or manufacturing run does not exceed two hundred and fifty thousand (250,000) copies in the aggregate; h. Incorporated into software as a background image or splash screen, provided that the image or any digital files containing the image cannot be unincorporated from the software and further provided that the manufacturing or duplication runs of such software (including downloads of such software) does not exceed two hundred and fifty thousand (250,000) copies in the aggregate; i. In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where the intended audience will consist of fewer than two hundred and fifty thousand (250,000) viewers; j. In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred and fifty thousand (250,000) copies in the aggregate; k. As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed two hundred and fifty thousand (250,000) copies in the aggregate; l. As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed two hundred and fifty thousand (250,000) copies in the aggregate; m. In e-books, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than two hundred and fifty thousand (250,000) in the aggregate; and n. As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the images), provided that such prints and/or posters and/or other reproductions combine words and an image or images and further provided that the print or manufacturing run(s) of such posters does not exceed two hundred and fifty thousand (250,000) copies in the aggregate. 4. If you want to distribute items (e.g., mouse-pads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate images from ask4Photos or to use an image or images in connection with the production of any items prohibited by this license, you may want to use the Rights managed license. 5. In the event that you create a derivative work based on or incorporating one or more images, all rights in and to such images shall continue to be owned by ask4Photos or its submitter(s), subject to your rights to use such image(s) pursuant to the terms and limitations set forth herein. 6. All other rights in the images are expressly reserved by ask4Photos for itself and its submitters. 7. YOU MAY NOT a. - use an image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property. b. - 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: c. - use an image in pornography, "adult videos" or the like. d. - use an image in ads for tobacco products. e. - use an image in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services. f. - use an image in a way that are defamatory, or contain otherwise unlawful, offensive or immoral content. g. - use an image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition. h. - resell, redistribute or transfer any image except as specifically provided herein. i. - displaying any image in any digital format or for any digital use at a resolution greater than 900 x 600 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the image and could result in the termination of your rights under this agreement. j. - share an image by providing access to such image on shared disk drives, computer networks, intranets of any nature or otherwise. k. - use an image in a manner that competes with ask4Photos' business. 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 ask4Photos' images for sale, or including ask4Photos' images in templates of any nature, including templates for websites, social networking websites (e.g. Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties. l. - 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. ask4Photos does not provide such permissions. m. - 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. n. - 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. o. - represent yourself as an agent, employee, designee, or affiliate of ask4Photos for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement. p. - stockpile, download, or otherwise store images longer than your license provide. q. - use automated programs, applets, bots or the like to access the ask4Photos' website or any content thereon for any purpose, including, by way of example only, downloading images, indexing or caching the content on the website. 8. Miscellaneous: a. ask4Photos shall be under no obligation to refund you for downloaded materials under any circumstances. However, in the event that ask4Photos determines that you are entitled to a refund of all or part of your payment, such refund shall only be made to the credit card account originally used by you to download the image(s). b. "Non-transferable" as used herein means that except as specifically provided in these Terms of Service, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the image or the right to use the image. 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 subject to the terms and conditions herein. In addition, 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 responsible steps to prevent third parties from duplicating any image. If you become aware of any unauthorized duplication of any ask4Photos' image(s) please notify us via email. c. If you plan on using or do use images as part of work for a client or customer, you must keep accurate and detailed records of the use of each image. These records must include the name of the client or customer, the ask4Photos' image name as well as the date or dates on which the images were used. You shall deliver copies of such records to ask4Photos at ask4Photos' request. You may use ask4Photos' images for no more than three (3) clients per thirty (30) days within the six months of license. d. You agree that you will not share your username and password combination. Your ask4Photos username and password are to be used only by you. Each person that desires to access the ask4Photos site must have his/her own username and password. e. You agree to indemnify and hold ask4Photos, its employees and suppliers, harmless against any damages or liability of any kind arising from any use of the image other than the uses expressly permitted by this Agreement. You further agree to indemnify ask4Photos for all costs and expenses that ask4Photos incurs in the event that you breach any of the terms of this or any other agreement with ask4Photos. f. Neither ask4Photos, nor any of its employees or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the ask4Photos website or any image or images. g. You agree that controversies and disputes between you and ask4Photos arising from or relating to these Terms of Service shall be brought before the court of law in Malmö, Sweden. In the event that litigation is in a federal court, the proper court shall be the closest federal court to ask4Photos' address. You agree that such controversies may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail). h. If you are unsure of your rights under this agreement, or if you wish to use an image in a manner not expressly permitted under this agreement, please send us an email. i. 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 ask4Photos for any breaches of the terms of this agreement. In the event that you breach any of the terms of this or any other agreement with ask4Photos, ask4Photos shall have the right to terminate your account without further notice. Such termination shall be in addition to ask4Photos' other rights at law and/or equity. ask4Photos shall be under no obligation to refund any payment from you in the event that your account is terminated by reason of a breach or breaches. ask4Photos makes no representations for warranties whatsoever as to the legality or validity of your use of any image or of any release associated with an image. The images are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. ask4Photos grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or sorts 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 image are obtained. ask4Photos' submitters upload images to the ask4Photos website and warrant that they have all rights required to do so and to enable ask4Photos to grant the rights it grants in this agreement. ask4Photos does not warrant that the image(s), the ask4Photos website, 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. You understand that you should seek competent counsel before using images on or in connection with any goods or services or for any other commercial purposes. ask4Photos shall not 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), ask4Photos' breach of this agreement, or otherwise, even if ask4Photos has been advised of the possibility of such damages, costs or losses. In no event, shall ask4Photos' 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 ask4Photos website or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by ask4Photos from you for your use of the applicable image(s). In the event that you use fraudulent credit card information in connection with your account or otherwise engage in any criminal activity affecting ask4Photos, ask4Photos will promptly file a complaint to the relevant authorities. By downloading any content from ask4Photos, you agree to be bound by these terms and conditions with the same force and effect as if you signed this document by hand.

Version: 2010-08-03

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