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IMAGEWILDLIFE LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between IMAGEWILDLIFE (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. IMAGEWILDLIFE hereby represents that it owns all rights to all materials on our website, and all rights to said website and materials shall remain the exclusive property, right and control of and under IMAGEWILDLIFE and materials from our website will constitute and be defined as any photo, image, design, or layout represented on the IMAGEWILDLIFE website. By downloading any Materials from IMAGEWILDLIFE you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
License and Conditions of Use:
A. User's Rights to Materials from IMAGEWILDLIFE. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and IMAGEWILDLIFE.
- IMAGEWILDLIFE.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement. Buying of any photos or images from imagewildlife.com does not transfer the copyright.
- You may access, acquire, and use the purchased materials downloaded from IMAGEWILDLIFE.com subject to these Terms and Conditions in the following manner:
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a. In the development and creation of your business presence and entity.
- b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover's design, and newspapers.
- c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers. Use for advertising and promtional projects.
- d. As part of office presentation and layout for your business, in other words, for d?cor in an office, lobby, retail store, or public area.
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e. In a PowerPoint presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that some images contained in this presentation are the copyrighted property of IMAGEWILDLIFE. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from IMAGEWILDLIFE.
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f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the materials from our website in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
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g. As part of entertainment application (such as books, newsletter, editorials, magazines, and presentation materials.)
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h. Use for prints, posters and any reproductions in hardcopy for personal use.
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i. If you use the images for prints, the number of copies must not exceed 500,000. If you need to exceed this quantity, contact imagewildlife.com for more information.
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j. If you wish to resell the images as part of a prints (poster, cards, calender, etc) you may reach contact@imagewildlife.com to purchase for special licenses.
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k. Any other uses approved by IMAGEWILDLIFE.COM (you may reach us at contact@imagewildlife.com for any clarifications or any special license for your usage of the materials.)
4. Images that are allowed for Free Download do not enjoy the license of the paid download. Images of free download is only allowed for personal use.
B. User's Restrictions on the Use of IMAGEWILDLIFE Materials.
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You agree not to access, acquire, or use our Materials in any of the following manners:
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a. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
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b. You may not redistribute or sell any of our Materials at any time for any reason whatsoever.
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c. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from IMAGEWILDLIFE section of this Agreement.
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d. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
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e. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
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f. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
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g. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
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h. If you wish to resell the images as part of a prints (poster, cards, calender, etc) you may reach contact@imagewildlife.com to purchase for special licenses.
C. You understand and agree that IMAGEWILDLIFE may, in its sole discretion:
- Monitor your download activity from IMAGEWILDLIFE as often as IMAGEWILDLIFE determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what IMAGEWILDLIFE determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour period, per user, as IMAGEWILDLIFE sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- Investigate any abuse of your username and password in connection with the IMAGEWILDLIFE website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on IMAGEWILDLIFE, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to IMAGEWILDLIFE Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. You understand that Materials are copyrighted and owned by IMAGEWILDLIFE and our photographers who own the images, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. You understand and agree to the Terms of Use (see Term of Use Link) for the materials provided by Imagewildlife. F. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically. G. Special License A & B (Prints for sale)
1. This Special License is an extension to the Normal License above.
2. By purchasing this license (only if it is available by the image on the website), it provides you with the license for resale of the image in limited physical prints (such as on cards, calenders, mousepads,etc) that is to be sold to other customers.
3. The maximum quantity for this limited physical prints is 10,000 copies for each license purchased.
4. As this license is an extension, all other conditions in the Normal License are still applicable.
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