WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the Art Life Images website ("Website"). These terms and conditions of use ("Terms") constitute a legal agreement between you and Art Life Images, a division of Art Life Media, Inc. Your use of this Website constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Website.
Ownership of This Website and Its Contents
This Website is owned by Art Life Media, Inc. All of the content featured or displayed on this Website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by Art Life Media, its licensors or its third-party image partners and contributors.
All elements of the Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with Art Life Media, no portion or element of this Website or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Art Life Media, its licensors or its third-party image partners and contributors. You shall indemnify Art Life Media, its subsidiaries, its affiliates, licensors, third-party image partners and contributors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or Website.
Use of the Website
This Website and its Content are intended for customers of Art Life Media. You may not use this Website or the Content for any purpose not related to your business with Art Life Media. Any use of the Content, this Website or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by Art Life Media for use of this Website. Please refer to the “Comping License Agreement for Images” below for additional site Terms.
Trademarks
Art Life Images is the trademark of Art Life Media, Inc. All other trademarks logos and service marks (collectively, the "Trademarks") appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner. Your use of the Trademarks displayed on the Website except as provided in these Terms is strictly prohibited.
Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS," AND ART LIFE MEDIA AND ITS DIRECTORS, EMPLOYEES, CONTENT CONTRIBUTORS AND PROVIDERS, THIRD PARTY IMAGE PARTNERS, 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. ART LIFE MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, 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 SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ART LIFE MEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
Art Life Media uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. Images of people or places displayed on the Website are either the property of, or used with permission by, Art Life Media or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes.
There may be links to other websites from this Website; however, these other websites are not controlled by Art Life Media and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against Art Life Media regarding the inclusion of links to outside websites or your use of those websites.
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.
Governing Law and Venue
By visiting the Website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Art Life Media.
Any dispute relating in any way to your visit to the Website or to images you license through the Website shall be submitted to confidential arbitration in Jacksonville, Florida, except that, to the extent you have in any manner violated or threatened to violate Art Life Media’s intellectual property rights, Art Life Media may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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 this Agreement, whether through class arbitration proceedings or otherwise.
No Waiver, Severability
No action of Art Life Media, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on this Website, any license or product prices contained on the Website and any information or license terms without prior notice. These Terms set out the entire agreement between Art Life Media and you relating to your use of this Website.
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IMAGE LICENSE AGREEMENT
This is a legal agreement (the "Agreement") between you ("Licensee") and Art
Life Images, a subsidiary of Art Life Media, Inc.("Art Life Media"). This
agreement applies to licenses issued via the web and via local sales
representatives, and is applicable to online, digital and analog (physical)
delivery of Licensed Material.
1. Definitions.
a. "Invoice" means the computer-generated or pre-printed invoice provided by
Art Life Media or an authorized distributor that may include, without
limitation, the permitted scope of use of the selected Licensed Material,
any limitations on the license in addition to those specified herein and the
corresponding price for the license of such Licensed Material. The Invoice
shall be incorporated into this Agreement and all references to the
Agreement shall include the Invoice.
b. "Licensed Material" means any and all still image(s), film or video
footage, visual representation(s) generated optically, electronically,
digitally or by any other means, including any negatives, transparencies,
film imprints, prints, original digital files or any Reproductions thereof,
or any other product protected by copyright, trademark, patent or other
intellectual property right, which is licensed to Licensee by Art Life Media
under the terms of this Agreement.
c. "Reproduction" and "Reproduce" mean any form of copying or publication of
the whole or a part of any Licensed Material, via any medium and by whatever
means, and the distortion or manipulation of the whole or any part of, and
the creation of any derivative work from the Licensed Material.
2. Grant of Rights & Restrictions.
a. Unless stated otherwise in the Invoice, Art Life Media grants to Licensee
and its subcontractors a non-exclusive, non-sub-licensable and
non-assignable right to Reproduce the Licensed Material identified in the
Invoice, solely to the extent explicitly stated in this Agreement. The
Liceness is not granted unitl the Invoice is paid in full.
b. Use of the Licensed Material is strictly limited to the use, medium,
period of time, print run, placement, size of image, territory and any other
restrictions specified in the Invoice, and in any production process that
may be necessary for the intended use specified in the Invoice.
c. If any Licensed Material featuring a model is used in (i) a manner that
would lead a reasonable person to believe that the model personally uses or
endorses a product or service; or (ii) in connection with a subject that
would be unflattering or controversial to a reasonable person, Licensee must
accompany each such use with a statement that indicates that the person so
pictured is a model and is used for illustrative purposes only.
d. Pornographic, defamatory or otherwise unlawful use of Licensed Material
is strictly prohibited whether directly or in context or juxtaposition with
specific subject matter.
e. While efforts have been made to correctly caption the subject matter of
the Licensed Material, Art Life Media does not warrant that such information
is accurate.
f. Licensed Material shall not be incorporated into a logo, trademark or
service mark.
g. Licensed Material shall not be used contrary to any restriction on use
that is notified to Licensee prior to or at the time the Licensed Material
is delivered to Licensee. Such restrictions may be included in the
information provided with the Licensed Material on Art Life Media website or
in any other communication by Art Life Media. Any such restriction provided
to the Licensee shall be incorporated in this Agreement.
h. Upon reasonable notice, Art Life Media may inspect any records, accounts
and books relating to the Reproduction of any of the Licensed Material to
ensure that the Licensed Material is being used in accordance with this
Agreement.
3. Copyright. No ownership or copyright in any Licensed Material shall pass
to Licensee by the issuance of the license contained in this Agreement.
Except as expressly stated in this Agreement, Art Life Media grants Licensee
no right or license, express or implied, to the Licensed Material.
4. Releases. Upon request, Art Life Media will provide Licensee or
prospective Licensee a copy of a model release and/or a property release for
Licensed Material if available and deliverable. Except where Licensee is
specifically notified, Art Life Media grants no rights and makes no
warranties with regard to the use of names, people, trademarks, trade dress,
registered, unregistered or copyrighted designs or works of art or
architecture depicted in any Licensed Material. Licensee shall be solely
responsible for determining whether a release is required in connection with
any proposed use of such Licensed Material. Licensee acknowledges that some
jurisdictions provide legal protection against a person's image, likeness or
property being used for commercial purposes without their consent. Art Life
Media makes no representations or warranties as to whether or not any
additional fees or payments may be due to any model depicted in Licensed
Material pursuant to the requirements of any applicable trade organizations
and Licensee shall be solely responsible for any such additional fees or
payments to such trade organizinations.
5. Warranty and Limitation of Liability. Art Life Media warrants that: (i)
it has all necessary rights and authority to enter into and perform this
Agreement; (ii) the Licensed Material will be free from defects in material
and workmanship for 30 days from delivery (Licensee's sole and exclusive
remedy for a breach of this warranty being the replacement of the Licensed
Material); and (iii) subject to Section 4 above (Releases), Licensee's use
of the Licensed Material in its original form, and when used in accordance
with this Agreement and the Invoice, will not infringe on any copyright,
moral right, trademark or other intellectual property right and will not
violate any right of privacy or right of publicity. ART LIFE MEDIA MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ART LIFE MEDIA SHALL NOT BE LIABLE TO
LICENSEE OR 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 LICENSEE'S USE OF THE LICENSED
MATERIAL OR OTHERWISE, EVEN IF ART LIFE MEDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. THE REPRESENTATIONS AND
WARRANTIES MADE BY ART LIFE MEDIA IN THIS AGREEMENT APPLY ONLY TO THE
LICENSED MATERIAL AS DELIVERED BY ART LIFE MEDIA AND WILL BE INVALID IF THE
LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY
AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS
AGREEMENT.
6. Indemnification. Where model or property releases for Licensed Material
are not available or not received by req, or if Licensee's use of the
Licensed Material is not authorized by this Agreement, Licensee shall
defend, indemnify and hold Art Life Media and its parent, subsidiaries and
commonly owned or controlled affiliates and their respective officers,
directors and employees harmless from all damages, liabilities and expenses
(including reasonable attorneys' fees and costs), arising out of or
connected with any actual or threatened lawsuit, claim or legal proceeding
relating to the use of such Licensed Material by Licensee, to the extent
that such claim relates to the absence of a release or the Licensee's
unauthorized use of the Licensed Material.
7. Electronic Storage. For all Licensed Material that Licensee takes
delivery of in electronic form, Licensee must retain the copyright symbol,
the name of Art Life Media and the image's creator(s), the image number or
other identification number associated with the Licensed Material as may be
included as part of the electronic file. With the exception of one (1)
high-resolution backup copy for security reasons only, Licensee may not make
additional high-resolution copies of the Licensed Material and Licensee will
maintain a robust firewall to safeguard against unauthorized third-party
access to the Licensed Material. Upon the expiration or earlier termination
of this Agreement, Licensee shall promptly delete the Licensed Material from
its computer or other electronic storage systems and shall ensure that its
sub-contractors do likewise.
8. License Cancellation Fee. If Licensee requests in writing to cancel this
Agreement within thirty (30) days of issuing Licensee the Licensed Material,
and such Licensed Material has not been used by Licensee, Art Life Media may
cancel this Agreement and issue a credit to Licensee's account or credit
card equal to one hundred percent (100%) of the license fee minus a
composite/layout fee that will be charged at Art Life Media's then standard
rate and minus any research, lab and service fees which are non-refundable.
9. Interest or Cancellation on Overdue Invoices. If Licensee fails to pay
Art Life Media invoice in full within the time specified in the invoice, Art
Life Media may add a service charge of one-and-one-half percent (1.5 %) per
month, or such lesser amount as is allowed by law, on any unpaid balance
until payment is received. Art Life Media also reserves the right, in its
sole discretion, to revoke the license if payment is not made in full on
time.
10. Credit Lines for Editorial Use. If any Licensed Material is Reproduced
in an editorial manner, the credit line, "(Photographer's name) / Art Life
Media" must appear adjacent to the Licensed Material, or in the form of any
other credit line accompanying the Licensed Material on Art Life Media's
website or as otherwise notified by Art Life Media. If any Licensed Material
Reproduced by Licensee for editorial purposes omits the requisite credit
line, an additional fee equal to one hundred percent (100%) of the original
amount invoiced shall be payable by Licensee at Art Life Media's discretion.
The foregoing fee shall be in addition to any other rights or remedies that
Art Life Media may have at law or in equity. Some Art Life Media Licensed
Material may be in the public domain, and therefore it may be possible for
another library to license Licensed Material represented by Art Life Media
for a conflicting use. Art Life Media shall have no liability for any such
situation.
11. Miscellaneous Terms.
a. Unauthorized Use. Any use of Licensed Material in a manner not expressly
authorized by this Agreement or in breach of a term of this Agreement
constitutes copyright infringement, entitling Art Life Media to exercise all
rights & remedies available to it under copyright laws around the world.
Licensee shall be responsible for any damages resulting from any such
copyright infringement, including any claims by a third party. In addition &
without prejudice to Art Life Media's other remedies under this Agreement,
Art Life Media reserves the right to charge & Licensee agrees to pay a fee
equal to ten times Art Life Media's normal license fee for the Licensed
Material.
b. Governing Law. This Agreement will be governed in all respects by the
laws of the State of Florida, U.S.A., without reference to its laws relating
to conflicts of law. Any disputes arising from this Agreement or its
enforceability shall be settled by binding arbitration to be held in
Jacksonville, Florida pursuant to the rules of the American Arbitration
Association. The United Nations Convention on Contracts for the
International Sale of Goods does not govern this Agreement. Notwithstanding
the foregoing, Art Life Media shall have the right to commence and prosecute
any legal or equitable action or proceeding before any court of competent
jurisdiction to obtain injunctive or other relief against Licensee in the
event that, in the opinion of Art Life Media, such action is necessary or
desirable. Copyright claims shall be brought in the Federal court having
jurisdiction. If Art Life Media is caused to present claims or suit as a
result of any breach of the above terms set forth, it shall be made whole
for such reasonable legal fees or costs by Recipient or user herein.
c. Severability. If one or more of the provisions contained in the Agreement
is found to be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions shall not
be affected.
d. Waiver. No action of Art Life Media, other than express written waiver,
may be construed as a waiver of any provision of this Agreement. A delay on
the part of Art Life Media in the exercise of its rights or remedies will
not operate as a waiver of such rights or remedies, and a single or partial
exercise by Art Life Media of any such rights or remedies will not preclude
other or further exercise of that right or remedy. A waiver of a right or
remedy on any one occasion will not be construed as a bar to or waiver of
those rights or remedies on any other occasion.
e. Entire Agreement. This Agreement, including the Invoice, contains all the
terms of the license agreement & no terms or conditions may be added or
deleted unless made in writing & signed by an authorized representative of
both parties. In the event of any inconsistency between the terms contained
herein & the terms contained on any purchase order or other communication
sent by Licensee, the terms of this Agreement shall govern.
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Comping License Agreement for Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ART LIFE MEDIA, INC. (Art Life Media). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY IMAGES CONTAINED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO ART LIFE MEDIA THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY IMAGE OBTAINED FROM ART LIFE MEDIA FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH ART LIFE MEDIA.
ALL THE IMAGES INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY ART LIFE MEDIA AND/OR ITS LICENSORS. BY THE PRESENT AGREEMENT YOU ARE ONLY GRANTED THE LIMITED RIGHT TO USE THE IMAGES FOR COMPS AND LAYOUTS IN ACCORDANCE WITH THE TERMS OF THE PRESENT AGREEMENT. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.
1. Grant of license for comping use only
a. By this Agreement, Art Life Media grants to you, for a period of thirty (30) days (hereinafter the "Term"), a non-exclusive, non sub-licensable, non assignable and non-transferable right to use the images you have selected (hereinafter "the Images") solely for internal evaluation and/or to create preliminary layouts and comps. You may make only one copy of the Images into your personal computer for the limited purposes of examination and preliminary layouts and comps. You hereby agree upon expiration of the Term to immediately stop using the Images and destroy any digital copy of the Images.
2. Unauthorized uses
a. By the present agreement, you ARE NOT granted the right to:
b. use the Images in any final materials including but not limited to, advertising, marketing, editorial materials or any other commercial application of the Images.
c. sublicense, sell, distribute or make available for use or distribution, by any means, the Images whether in whole or in part.
d. place and distribute the Image in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review).
e. use the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing or other illegal manner.
f. use the Images or allow the use of the Images in any way that violates the right to privacy or publicity.
g. use the Images outside the parameters of use stated in Section 1 above.
h. Without limiting Art Life Media’s rights on the Images, any unauthorized use of the Images constitutes copyright infringement entitling Art Life Media to exercise all rights and remedies under applicable copyright laws and treaties.
i. You agree to indemnify and hold Art Life Media and its licensors harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.
3. Severability
a. Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.
4. Law and venue
a. This Agreement, and all matters related, shall be governed by and construed in accordance with the laws of state of Florida. Notwithstanding the foregoing, this provision shall not prevent Art Life Media, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.
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PRIVACY POLICY
Art Life Media, Inc. through this website, ArtLifeImages.com, will secure
personal identity information from you so that we can complete your online
order, catalog requests and maintain our email lists with your name,
company, address, city, state, country, postal code, phone number, fax
number, and email address.
Your credit card information for online ordering is not stored on the site
beyond the current session. None of the information collected by
ArtLifeImages.com is shared or distributed with other companies.
ArtLifeImages.com is a secure site and is certified and encrypted by VeriSign.
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