GETTY IMAGES PUBLICITY SERVICE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SERVICE (OR ANY CONTENT, WEBSITES, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE SERVICE (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SERVICE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Service Terms apply to your use of the Service, and are not intended to alter the terms or conditions of any other agreement you may have with Getty Images, its subsidiaries or affiliates (collectively "Getty Images"). By using this Service, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Service Terms. If you are using the Service on behalf of any entity, you further represent and warrant that you are authorized to accept these Service Terms on such entity's behalf, and that such entity agrees to indemnify Getty Images for violations of these Service Terms.
Ownership of the Service and its Contents
The Service is owned and operated by Getty Images. All of the content featured or displayed on the Service, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software, and the selection and arrangement thereof and any other materials and/or services that can be accessed using the Service (together "Materials"), is owned by Getty Images, its licensors or its third-party content providers ("Owners") who have placed Materials on the Service ("Owners' Materials"). All elements of the Service, including but not limited to the Materials, are protected by copyright, moral rights, trade dress, trademark and other laws relating to the protection of intellectual property. Except as explicitly permitted under this or another written license or agreement with Getty Images, no portion or element of the Service, including but not limited to the Materials may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Getty Images, its licensors and/or the Owners. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Use of the Service and the Materials
Subject to the Service Terms, you may download and reproduce Materials in an editorial work for the immediate and sole limited purpose of preparing and producing comments, portrayals, illustrations, or otherwise directly associated with timely editorial coverage of the subject matter depicted in the Materials. You further agree that any use of Images and/or Content in the Materials shall, if possible, include credits in accordance with any credit attribution provided in the Service for such applicable Materials. You agree and acknowledge that neither Getty Images, nor any Owners or any other licensor, party or entity is conveying to you any permissions, clearances, releases, or other rights related to the persons, entities, private properties, products, trademarks, or brands, or music, voice or other audio, depicted or embodied in any Materials.
You may not use the Service, including but not limited to the Materials thereon, for any purpose not related to editorial coverage. You are specifically prohibited from: (a) using the Materials for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; (d) using any data mining, robots or similar data gathering or extraction methods; (e) manipulating or otherwise displaying the Service or the Materials by using framing or similar navigational technology; (f) stockpiling, downloading, or otherwise storing Materials for future use; (g) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorized by such party to do so; (h) using the Service or the Materials other than for its intended purpose; (i) using, storing, downloading or distributing any Materials for use in a manner not permitted under these Service Terms, including for use of Materials by you or a third party as part of any service that is similar to or a replacement for any of Getty Images' services; (j) using the Service for any illegal or unauthorized purpose; (k) redistributing any Material to any third party in any form (including by email, CD Rom, Hard Drive storage mechanism, floppy disk, Zip disk, DVD, posting to any website, inclusion in any newswire or any other distribution mechanism or using any ISDN or xDSL system) whether by electronic or other means; (l) making Materials available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Materials as a standalone file, including but not limited to that you may not assign, license, transfer, or convey any ownership or exploitation rights in and to any Materials to any individual and/or entity that is known (or that reasonably should be known) to be a reseller, distributor, or licensor of images and/or video who has any primary line of business the same or similar as Getty Images, or to any agency for distribution and/or licensing; (m) charging any third parties for use of the Materials and/or monetize the Materials on a stand-alone basis; and/or (n) retaining any Materials on any hard drive, server or any other storage device or in any media beyond the period required for initial publication, broadcast or transmission in each case in accordance with these Service Terms and any terms and conditions required by the Owner of Materials as indicated on the Service. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. Any use of the Service, or any of its functionality for a purpose not permitted by these Service Terms is grounds for the immediate termination of your account and/or access to the Service. If you are a registered user of image.net, you agree to use the Service only while you are in the country for which you have registered. You may not redistribute or store Materials downloaded from the Service except as expressly permitted in these Service Terms.
Access to the Service and Materials or any part of them may be denied or suspended temporarily or permanently without notice or liability and for any reason, in Getty Images' sole discretion.
Registration Data and Account Security
In consideration of your use of the Service, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) not use the same password for the Service as you may use on any third party site; (e) notify Getty Images immediately of any unauthorized use of your account or other breach of security; (f) accept all responsibility for any and all activities that occur under your account; and (g) accept all risks of unauthorized access to the Registration Data and any other information you provide to Getty Images. Unless you are authorized by your employer or a third party to create an account on their behalf, Getty Images prohibits the creation of an account for anyone other than yourself. You agree not to create any account other than permitted nor use the credentials of another user to access the Service. Getty Images reserves the right to cancel your user account without notice if Getty Images becomes aware of or suspects any unauthorized use of your user account.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Getty Images has adopted a policy of terminating, in appropriate circumstances and at Getty Images' sole discretion, account holders who infringe the intellectual property rights of Getty Images or any third party.
If you believe that any material on the Service infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Getty Images Legal Department
605 5th Ave South, Suite 400
Seattle, Washington 98104
Phone: (206) 925-5000
Fax: (206) 925-5623
The Getty Images' trademarks, logos, and any other product or service name or slogan contained in the Service are trademarks of Getty Images and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Getty Images or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing " "," "Getty Images", "Getty Images Publicity Services", or any other name, trademark or product or service name of Getty Images without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Getty Images and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use any of Getty Images' logos or other proprietary graphic of Getty Images to link to this Service without the express written permission of Getty Images. Further, you may not frame any Getty Images trademark, logo or other proprietary information, including the Materials, without Getty Images' express written consent.
Getty Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Service, or websites linking to the Service. Such sites are not under the control of Getty Images and Getty Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Getty Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Getty Images of any site or any information contained therein. When you leave the Service, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
Your participation, correspondence or business dealings with any third party found on or through the Service, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Getty Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
THIS SERVICE AND THE MATERIALS ARE PROVIDED "AS IS" AND GETTY IMAGES, OWNERS AND OUR RESPECTIVE DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. GETTY IMAGES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THIS SERVICE AND/OR THE MATERIALS THEREON OR THE USE OF GETTY IMAGES ACCOUNTS WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. GETTY IMAGES AND OWNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE OR THE MATERIALS, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GETTY IMAGES OR OWNERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SERVICE OR THE MATERIALS. WE MAKE NO WARRANTY THAT THE SERVICE OR THE MATERIALS ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Getty Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Materials, but we make no representations or warranties as to the Materials accuracy, correctness, or reliability or whether authorizations have been adequately obtained.
Without limitation of the foregoing, Getty Images does not own and takes no responsibility for any Owners' Materials and is not an agent of any Owner or any party named on or linked to the Service. In particular and without limitation, Getty Images has no liability for any virus or other computer program that may harm any computer program or software contained in any Owners' Materials. It is your responsibility to scan all items downloaded from the Service for viruses and any such other items.
Getty Images makes no representations or warranties as to the accuracy, correctness or reliability of the Materials. Getty Images explicitly disclaims any responsibility for the content or availability of information contained in any search index or directory. Getty Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
NEITHER GETTY IMAGES AND/OR ANY OF GETTY IMAGES' DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, NOR ANY GETTY IMAGES' THIRD-PARTY TECHNOLOGY PROVIDERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GETTY IMAGES AND/OR THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GETTY IMAGES' RECORDS, PROGRAMS, SERVICES AND/OR THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GETTY IMAGES AND/OR ANY THIRD-PARTY TECHNOLOGY PROVIDER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE AND/OR THE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GETTY IMAGES FOR ACCESS TO OR USE OF THE SERVICE AND/OR MATERIALS THEREON.
Applicable Law and Venue
Any dispute relating in any way to your use of the Service or the Materials shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Getty Images' intellectual property rights, Getty Images may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Service Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Service Terms, Getty Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Service and Materials.
You agree to defend, indemnify and hold harmless Getty Images, Owners and their respective subsidiaries, divisions, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Service, your conduct, your use or inability to use the Service, your breach or alleged breach of the Service Terms or of any representation or warranty contained herein, your unauthorized use of the Service or Materials, or your violation of any rights of another.
Any waiver of any provision of the Service Terms will be effective only if in writing and signed by Getty Images. If any clause in these Service Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. These Service Terms set out the entire agreement between Getty Images and you relating to your use of the Service and Materials. Should you object to any of the Service Terms, or any subsequent changes to the Service Terms, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue using the Service and the Materials. Getty Images may use a third-party technology partner to provide the Service and related services to you. All rights granted by you in these Service Terms to Getty Images shall also be granted to its technology partner. You acknowledge and agree that Brandfolder, Inc. is an express, intended third-party beneficiary of these Service Terms and the Service, with regard to suspension and termination rights, solely in circumstances where you are in material breach of these Service Terms and such material breach creates a significant risk to the security Getty Images, the Service, and/or Brandfolder, Inc.'s intellectual property rights.
Changes to Terms
Getty Images reserves the right to change any of the terms and conditions contained in the Service Terms or any policy or guideline of the Service, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Service Terms. Any changes will be effective immediately upon posting on the Service. It is your responsibility to review the posted Service Terms. Your continued use of the Service following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Service Terms whenever you visit one of our websites. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior Service Terms shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service. These Service Terms affect your legal rights, responsibilities and obligations and govern your use of the Service and Materials, and are legally binding.
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