LICENSING AGREEMENT / TERMS OF USE

Jump to: Standard License Details | Extended License Details

This Licensing Agreement constitutes a legal and binding contract between Creating Online, LLC, and You governing the use of images you have downloaded from our gallery. This Agreement grants nonexclusive, nontransferable license to access, acquire, use, modify, publish, and display said images according to the defined terms and conditions as outlined below. By your download of images from our gallery, you warrant and attest that:

• You are of the age of majority.
• The information you provide to Creating Online, LLC, is accurate and true.
• There have been no warranties, representations, or understandings made by either party to the other except as expressly set forth in this Agreement.
• You have read, understand, and agree to abide by and be bound by all of the terms in this Agreement. 

COPYRIGHT: It is understood that the photographers responsible for the original creation of the images in our gallery own and retain all rights, including copyright and other intellectual property rights, to their respective images.

STANDARD LICENSE: Under this license, you may use an image in one design project and must repurchase/redownload the image for use in a second project. (Exception: FREE stock photos may be used in multiple projects without having to redownload.)

PERMITTED USES FOR STANDARD LICENSE:

• Website design for yourself, your company, or a single client (for website templates, see Extended License below)
• Online or print articles
• Marketing and advertising, including online and print ads, signs, fliers, and brochures
• Presentations
• Product packaging
• Catalogs, books, magazines, newspapers, newsletters, and other print publications
• Movies, including retail DVDs, publicly televised broadcasts, and video presentations
• Email
• Avatars, signatures, and personal greetings on a message board
• School projects and reports
• Design of a CD or DVD cover
• Business cards and stationery for yourself, your company, or a single client (for business card/stationery printing businesses, see Extended License below)
• If unsure whether your project would fall under the permitted uses for this license, please email us.

EXTENDED LICENSE: This license primarily covers situations in which our images are incorporated into the design of a product for distribution in the free or retail market. Under this license, you may use our image in the design of one product. Free images may not be used under this license. To use this license, you must add to cart the photo, as well as the Extended License Fee for each photo that you intend to use under this license. To use the same image in a second project, you must purchase the photo again, along with a second Extended License. (Ex.: You may purchase the Extended License for an image and use the image on mousepads for retail distribution. To use the same image on mugs, you will need to purchase the photo again, as well as another Extended License.) There is no limit to the number of copies of the product that may be distributed under this license. If a photo does not show that an Extended License is available on its details page, then that photo may only be used under our Standard License above.

PERMITTED USES FOR EXTENDED LICENSE:

• Website templates
• Art prints and framed art
• Apparel (i.e., t-shirts, caps, totes)
• Technology products (i.e., software, mousepads, screensavers, desktop backgrounds)
• Household products (i.e., clocks, mugs, dishes, flags, calendars)
• Bumper stickers
• Postage stamps
• Electronic or paper greeting cards
• Business card and stationery design businesses
• If unsure whether your project would fall under the permitted uses for this license, please email us. 

YOU MAY NOT:

• Use our images to promote hatred, violence, racism, sex, treason, terrorism, slander, obscenity, or immorality.
• Use our images in a way that violates any law or regulation of any country, state, or other governmental entity.
• Sell, share, sublicense, assign, gift, or otherwise transfer or distribute our images where the image is detached from a derivative design, including posting our images on a network server, web server, or other electronic media device with the intention of file sharing or including our images in another digital photo collection either online, in print, or in a photo collection CD.
• Imply that our images are your own or claim copyright, intellectual property rights, or other rights to our images.

TERMINATION OF AGREEMENT: This Agreement shall remain in effect unless and until:
a. you voluntarily cease to use the image and destroy any copies you may have.
b. you fail to comply with any of the terms of this Agreement, in which case, you agree to cease using the image, destroy all copies of the image you may have, make reasonable efforts to recall all copies of the image you may have distributed, and if requested, confirm to us in writing that you have complied with these requirements.
c. Creating Online, LLC, elects for any reason at a later date to revoke the license granted by this Agreement and provides an opportunity for you to select another photo in its place. Upon cease use notice from Creating Online, LLC, you agree to discontinue using the image, to destroy all copies of the image you may have, and to make efforts to recall all copies of the image you may have distributed within reason, to include derivative works.

LIMITED REPRESENTATION, INDEMNITY, AND WARRANTY: WHILE WE HAVE MADE REASONABLE EFFORTS TO INCLUDE IN OUR GALLERY ONLY IMAGES THAT ARE OF THE HIGHEST QUALITY POSSIBLE, IT IS UNDERSTOOD BY YOU THAT OUR IMAGES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CREATING ONLINE, LLC, DOES NOT REPRESENT OR WARRANT THAT OUR IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND USABILITY OF OUR IMAGES IS WITH YOU. SHOULD AN IMAGE PROVE DEFECTIVE, YOU, NOT CREATING ONLINE, LLC, ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. CREATING ONLINE, LLC, FURTHER MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO YOUR USAGE OF OUR WEBSITE, THAT IT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF COMPUTER VIRUSES OR OTHER DAMAGING MATERIALS. WHEN YOU LOG INTO YOUR ACCOUNT AT OUR WEBSITE, ACCESS OUR WEBSITE, AND DOWNLOAD MATERIALS FROM OUR WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS CREATING ONLINE, LLC, ITS EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS, ANY OTHER ENTITIES ASSOCIATED WITH CREATING ONLINE, LLC, ITS SUCCESSORS, LICENSEES, AND ASSIGNS, FREE AND HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, ARISING IN CONNECTION WITH YOUR USE OF THE IMAGES AND THIS WEBSITE OR OF ANY BREACH OR ALLEGED BREACH OF REPRESENTATION, WARRANTY, OR OTHER PROMISE MADE IN THIS AGREEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY. THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HAVE SPECIFIC RIGHTS UNDER THIS WARRANTY, BUT YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION.

This Licensing Agreement expresses the parties' entire understanding and agreement and that Creating Online, LLC, reserves the right to modify this Agreement at any time without notice.

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