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COMPING IMAGE LICENSE Want to use
our images to "try out" in your layouts? Be our guest, but... Don't
forget that our photographers make their living selling the use of their
images. You need to buy them if you want to use them in your finished
project... OR ELSE!
So, yes, you can use photos to "try out" in your layouts (called "comps"
or "comprehensive Renderings"), and you can get
unwatermarked versions
by registering with us, but, by downloading anything from this site, you
agree not to use them in any other way (unless, of course, you pay for
them) and the act of downloading binds you to the terms above.
If you download, you will be bound by these terms:
PLEASE READ
CAREFULLY:
COMP USE AGREEMENT
1. ESSENTIAL INFORMATION
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN
ABSOLUTE CONDITION OF YOUR USE OF ANY IMAGE AND FORMS A LEGAL AGREEMENT
BETWEEN YOU AND JUPITERIMAGES (hereafter "JUPITERIMAGES"). By downloading an image from
JUPITERIMAGES you agree to be bound by the terms of this agreement.
JUPITERIMAGES reserves the right to change these terms at any time, and you
agree to be bound by such changes.
2. GENERAL
All images on this Web
site are owned by JUPITERIMAGES, a division of Jupiterimages
Corporation (hereafter “JUPITERIMAGES”) and are protected by United
States copyright laws and international treaty provisions. You have
limited, restricted rights to use images from JUPITERIMAGES' sites and
servers as described below. For additional rights to an image you must
license its use by purchasing the single image or CD-ROM(s) on which it
resides (in the case of JUPITERIMAGES Royalty-Free images) and accept all of
the terms and conditions of the applicable JUPITERIMAGES License Agreement
located on JUPITERIMAGES' Web site or packaged with the CD-ROM(s).
JUPITERIMAGES retains all rights not expressly granted by this agreement. The
license contained in this agreement will terminate automatically without
notice from JUPITERIMAGES if you fail to comply with any provision of
this agreement. Upon termination, you must immediately stop using the
image and destroy or return all copies from digital, magnetic,
solid-state, optical, and all other media storage formats to
JUPITERIMAGES. Your use of any JUPITERIMAGES must be in compliance with all
applicable law, including but not limited to the law of moral rights.
Use, duplication or disclosure of a JUPITERIMAGES Rights Managed Image,
Royalty-Free Image or Editors' Selects Image by the United States is subject to
"Restricted Rights," as that term is defined in the Department of
Defense Supplement to the Federal Acquisition Regulations ("FAR"), and
to paragraph 52.227-19©(2) of the FAR.
3. LIMITED, RESTRICTED RIGHTS
JUPITERIMAGES grants you, the individual user, the non-exclusive and
non-transferable right to copy a JUPITERIMAGES Editors' Selects Image, a
JUPITERIMAGES Royalty-Free Image(s),
or a Thinkstock Royalty-Free Image onto one
computer for one user at a time for COMP USAGE and BROWSING only. COMP
USAGE is defined as the creation of a temporary test use, rough layout
or comprehensive rendering of a proposed work for client review,
internal company review or testing. The Image may not be used in any
materials distributed outside of your company or that is accessible to
the public or any final product, including, without limitation, any
online or other electronic distribution system (except you may transmit
comps digitally or electronically to your clients for their review) and
may not be sold or sublicensed alone or as part of any product.
You
agree not to use the image(s) in any way that could be considered
defamatory, pornographic, libelous, immoral, obscene or fraudulent,
either by making physical changes to it, or in the juxtaposition to
accompanying text. You agree not to use JUPITERIMAGES as part of any
use involving sensitive subject matter, as determined by JUPITERIMAGES, including but not limited to the following sensitive subjects:
all sexual issues, sexually transmitted diseases, substance abuse,
alcohol, tobacco, AIDS, cancer, mental ailments, Homosexual or
alternative lifestyles issues, and physical or mental abuse, without
advance written consent from JUPITERIMAGES and any model in such
Image. Sensitive subject usage pertains to both commercial and editorial
uses. Contact JUPITERIMAGES for verification of model releases.
Availability of model releases does not grant the right to use an image
in any sensitive issues mentioned.
Except as expressly stated above,
JUPITERIMAGES Rights Managed Images, JUPITERIMAGES Editors' Selects Images and
JUPITERIMAGES
Royalty-Free Images may not be used for any other purpose unless you
have licensed the use of the Images by purchasing the appropriate single
image or CD-ROM(s) on which it resides (in the case of JUPITERIMAGES Royalty
Free Images) and have accepted all of the terms of the corresponding
JUPITERIMAGES License Agreement, copies of which are located on
JUPITERIMAGES'
Web site (www.JUPITERIMAGES.com) for your review. We encourage you to read
the JUPITERIMAGES License Agreements, which describe all rights provided with
JUPITERIMAGES.
4. LIMITATION ON WARRANTIES AND LIABILITY
THE IMAGES
AND INFORMATION YOU FIND ON JUPITERIMAGES' SITES AND SERVERS ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH JUPITERIMAGES AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
EXPECTATION OF PRIVACY OR NON-INFRINGEMENT.
Some jurisdictions do not
allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, whether for
breach of contract, tortious behavior, negligence, or under any other
cause of action.
5. JURISDICTION
This Agreement will be governed solely
by the laws for the State of New Jersey, USA, without regard to its
conflicts of laws rules, and you and your company expressly consent to
the exclusive jurisdiction of the courts of the State of New Jersey and
you and your company consent to the personal jurisdiction of such
courts. If any provision of this agreement is held to be not
enforceable, such provision shall be reformed only to the extent to make
it enforceable.
6.
TRADEMARKS
Comstock, Comstock Images, Comstock Klips, Comstock
Encyclopedia of Stock Photography, Comstock First Edit,
Comstock
Desktop Photography, Thinkstock and Thinkstock Footage are registered trademarks of
JUPITERIMAGES
registered in the United States and other countries. The Idea Machine is
a service mark of JUPITERIMAGES. All other trademarks are owned by their respective
owners.
7. ASSIGNABILITY
You may not assign or transfer to anyone else
the rights we granted to you in this Agreement, without our prior
written consent.
8. ENTIRE CONTRACT
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 JUPITERIMAGES, WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATION BETWEEN YOU AND JUPITERIMAGES RELATING TO THE
SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ's AND OTHER
EXPLANATIONS AND CONTENT PROVIDED IN JUPITERIMAGES' WEBSITE ARE FOR YOUR
INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF
THIS AGREEMENT.
9. RIGHTS OF AGENTS
Agents are granted the rights listed
in paragraph this Agreement that these rights are used solely by a
single client as the final end user.
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