ZEBRALENS ROYALTY FREE IMAGES
1. NOTE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.YOUR PURCHASE OR USE
OF THIS SERVICE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2. LICENSE
(a) ROYALTY FREE IMAGES:
RF Images means that ZEBRALENS cannot avoid image conflict between users in
the same industry, for the same use of an image, within a specific period of
time. Royalty Free Images includes interior and exterior publications, brochures
and books, but does not include cover images in advertising, audio-visual application;
one-sheet direct mail pieces or Internet application, except there is a set
agreement to that effect.
(b) ADDITIONAL LICENSES AVAILABLE:
If you require additional rights, or a prohibition or restriction on other uses
of an image you have selected, you can request and pay for an additional license.
(c) RESPONSIBLE USE OF IMAGES:
You agree not to use the image(s) in any way that could be considered defamatory,
pornographic or fraudulent, either by making physical changes to it, or in juxtaposition
to accompanying text. Contact Zebralens for verification of model releases.
(d) INDEMNIFICATION:
You agree to indemnify and hold Zebralens unaccountable against all claims arising
from the use of any image where we have not specified the existence of a release
in writing and for the offensive use of an image in any manner or context e.g.
sex industries. Zebralens shall be exonerated from any and all liability and
will not be held liable for claims arising from use that was without proper
authority.
.
(e) ASSIGNABILITY:
You may not assign or transfer to anyone else the usage rights we grant you,
without our prior written consent.
(f) PAYMENT TERMS:
No rights are granted until an image is paid for fully, using a credit card.
(g) COPYRIGHT PROTECTION:
All Images used editorially, on a CD-ROM, on the Internet or Entrant, must bear
the credit line copyright year, Zebralens or as otherwise indicated by Zebralens.
You agree to provide copyright protection to all Images and such copyright shall
be immediately assigned to Zebralens or its designee upon request and without
charge. We hold all copyright to all images in our online image bank.
(h) WAIVER:
Terms may not be waived orally by any Zebralens employee and any professed waiver
or change must be in writing and signed by an officer of Zebralens, such waiver
will not affect any other part. Only the terms of this contract will be binding
on Zebralens. This agreement supersedes any Terms contained in your Purchase
Order. All purchases are final and non-refundable.
(i) ARBITRATION:
A material part of this contract is the Agreement to arbitrate. Any and all
disputes arising in connection with this Agreement, with the exception of copyright
claims, including without limitation, its validity, interpretation, performance
and breach, shall be settled by arbitration in County Court in effect at the
time arbitration is demanded. Judgments upon any award rendered may be entered
in the highest court of the forum, State or Federal, having jurisdiction. This
Agreement, its validity and effect, shall be interpreted under, and governed
by, the laws of England & Wales and you agree that arbitrators shall award
all cost of arbitration, including legal fees, along with legal rate-of-interest
to the successful party. Copyright claims shall be brought before the Federal
District Court of England & Wales.
(j) LEGAL FEES AND JURISDICTION:
If Zebralens is obligated to go to court, rather than arbitration, to enforce
any of its rights, or to collect any fees, you agree to reimburse Zebralens
for our legal fees, cost and disbursements if Zebralens is successful. You agree
that the Superior Court of England & Wales and the Union County Court are
the agreed and appropriate forums for any such suit.