End User License Agreement
This Agreement is between Ingram Image Limited, owner and operator of ingimage.com and istockmax.co.uk (hereafter known as ‘Ingram’, ‘we’ or ‘us’) and the user (‘You’) who downloads images (defined as available photos, vector illustrations, graphics, vehicle templates, PDF layered files and all other downloadable content) from this website. Standard Ingimage subscribers may download up to 250 images per week at maximum resolution. istockMAX subscribers may download up to 50 maximum resolution photos, illustrations, vectors and or wraps per week and up to 200 vehicle templates per annum (or up to 1000 vehicle templates with extended istockMAX subscriptions).
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from us You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
By this Agreement, we grant you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein:
A. YOU MAY, subject to any restrictions set out below:
1. use the images as a part of commercial or advertisement purposes in magazines and newspapers or as a design element on a website (maximum 800 x 600 pixels), video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
2. use the images as part of marketing, advertising, or promotional materials, including print advertisements, mailers, handouts, and packaging (with print run up to 300,000).
3. Use the images for all forms of vehicle livery and signage.
4. Use the images in published editorial features in any media (including newspapers, books and periodicals) provided that a reasonably prominent statement is included on the same page as the Content as follows: ‘Image(s) licensed by Ingram Publishing’.
5. Use the images as design elements in video, film, or television broadcasts provided that a reasonably prominent statement is included in the credits as follows: ‘Image(s) licensed by Ingram Publishing’.
6. Use the downloaded images after the subscription period ends.
B. YOU MAY NOT
1. Create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
2. Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
3. Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason.
4. Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity.
5. Use any Image(s) except as expressly permitted by this License or reproduce any Image (in whole or in part) more than three hundred thousand (300,000) times. For details of extended licences contact us.
6. You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
7. You agree not to use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork and other items.
8. You agree not to create a digital or print greeting card line based on the Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. However, you may use Images for manufacturing or producing physical items for promotional use only, including paper greeting cards, magnets, etc., provided that you do not produce more than 500 copies of any single item that bears one or more Images and further provided that such items combine text with any Images. Promotional uses must comply, in all respects, with the restrictions set forth in this agreement. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights – contact us for further details.
You agree to hold Ingram Publishing harmless from any and all claims and expenses arising from your use of an image. If you utilize an image prior to paying our invoice, or without our expressed permission in regard to sensitive subjects, we are relieved of any claim concerning the image’s use or publication because it was published without permission. Ingram Publishing reserves the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, our liability is strictly limited to the invoice price for the use of the images involved
C. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
D. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE IMAGES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
E. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of England and Wales, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
