ShutterFarm - Image License Agreement

The following is a legal agreement between You and the owners of ShutterFarm ("Website") and M Koehler Enterprises. ("ShutterFarm", "We", "Us"). By downloading any image, you agree to bound by the terms of this agreement.. This agreement may be revised or updated without notice. You are advised to review it regularly.. If You do not agree with these terms, you should not download any Image.

All Images on the Website are copyrighted and they are the properties of ShutterFarm or its image contributors. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement.

We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement.

Permitted uses

You may use the Image for the following purposes:

• In digital format on websites, multimedia presentations, broadcast film and video. The Images should contain no implication to your viewers that they are downloadable from your site.
• In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, packaging etc.
• Along with your corporate identity on business cards, letterhead, etc.
• To decorate personal or professional workspace.

Prohibited uses

You may not use the Image in the following ways, unless they are expressly permitted by one of our Extended licenses that You have obtained from Us for the Image:

• Redistribute or resell the Images, or modified versions of the Images including, but not restricted to, portions of the Images incorporated into other graphics, as another graphics library or as another type of product which is similar to, or competes with, this product, including online, web, multimedia or other electronic systems.
• Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, templates, Web site templates, software products, e-cards, etc.
• Remove any copyright or watermark contained in the Images
• Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
• For creating printed reproductions that You intend to sell.
• On physical items for resale and "print on demand" items such as t-shirts, postcards, mouse pads, coffee mugs, calendars (e.g. on sites like Cafepress), or on any similar mass produced items that would contain the Image in a dominant way.
• For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
• In a way that would make people assume that the person(s) depicted on the Image is/are endorsing a certain product or a service.
• In a way that could give a bad name to either ShutterFarm or the person(s) depicted on the Image, including illustrating sensitive social subjects such as health issues, crime, sexual preferences, drug abuse or similar issues.
• As part of a business name, trademark, service mark or logo.
• In any print project where the number of copies would exceed 200,000
• Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
• "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. 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.

Extended licenses

If the permitted uses in the Standard license terms are not sufficient for your project, You may contact us at licensing@shutterfarm.com for additional licensing options.

Information on rights

ShutterFarm requires a written Model Release for each Image that has identifiable people on it (within reasonable boundaries). However We do not represent or make warranties whatsoever as to the legality or validity of any Release associated with an Image.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. ShutterFarm does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.

Indemnification

You agree to indemnify, defend and hold ShutterFarm and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "ShutterFarm Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any ShutterFarm Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement. ShutterFarm reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ShutterFarm's defense of such claim.

Refund Policy

All sales and downloads are final.

You acknowledge that under no circumstances shall ShutteFarm refund the money You spent on purchasing download credits or the unused download credits You have in your account.

ShutterFarm however agrees to refund your download credits if the Image You downloaded is defective. To notify Us about defective Images, please contact us via the online contact page. We do not refund your download credits if You downloaded the Image by mistake or if for some reason You will not able to use the Image after all.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHUTTERFARM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. SHUTTERFARM 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 WEBSITE OR THE IMAGES

AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP 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 SHUTTERFARM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SHUTTERFARM RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.