ROYALTY-FREE STOCK PHOTOS & IMAGES

This Agreement is between you the Licensee and MediaFocus International, L.L.C. the Licensor.

Subject of the Agreement

Subject of the Agreement are any photographs, digital files, or CDs licensed from MediaFocus International, L.L.C..

General Terms

You must be at least 18 years of age and if you are purchasing as an employee of a corporation have the authority to enter into this agreement on its behalf.

MediaFocus International, L.L.C. will keep all personal information provided by the Licensee confidential. By accepting the “User Licensing Agreement ” you confirm that you have read our “Privacy Policy” and agree to its terms.

The Licensee acknowledges that any and all images licensed from MediaFocus International, L.L.C. are subject to the restrictions and controls imposed by the Export Administration Act and Regulations. The Licensee acknowledges that he/she is prohibited to use any image for any purpose that would violate those regulations. The Licensee certifies that he/she is not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan, Syria, or the Taliban controlled areas of Afghanistan.

The Licensee agrees to pay all sales, use and similar taxes imposed by his/her state or country in connection with the Licensing of photography.  FL USA residents and customers will be charged 7% sales tax at checkout.

User Rights

The Licensee may use the photographs for his/her own projects as well as for projects created for a client or customer who must be the end-user of the Licensee's work, for unlimited time in accordance with the terms of this agreement. Copyright to the images and any derivative work (alteration to image through cutting, cropping, scaling, color changes, special effects, adding of copy, photo composition) remains with MediaFocus International, L.L.C. and/or its suppliers.

MediaFocus International, L.L.C., grants the right to commercial and non-commercial use of licensed images, in accordance with all other terms of this licensing agreement, for the following purposes: the photographs may be used for printed promotional materials, magazines, brochures, posters, postcards, displays, publications, product packaging, billboards, interior design, video clips, multimedia productions, TV commercials, presentations, and web site illustrations. Those materials may be printed and published in unlimited numbers. The photos may be manipulated through cutting, cropping, scaling, color changes, etc. However, use of the images (or any part of an image) in any pornographic, sexual, negative, cruel, violent, abusive, libelous and/or defamatory content is strictly prohibited. Use of any image or any part thereof in context with dating services, escort services, mental disorders, diseases, and physical impairments is prohibited. Stock photographs marked "for editorial use only" are exclusively licensed for editorial purposes.

Use of the photographs within photo archives, photo databases, and stock agencies is strictly prohibited. Online use of the photographs by online services or within personal, commercial or non-profit home pages or web pages is limited to the use of the images for web site illustrations, design of banners, buttons, and backgrounds. The photographs, in their entity or any portions thereof may not be used for or in combination with unsolicited email mailings or bulk email. The licensing agreement does not permit the Licensee to offer free or paid downloads of the images on the Internet or any internal or external networks, including but not limited to online services and BBS installations. Use of the photography within CDs or other digital media, software development, templates, image galleries of online printing services, or similar products used for resale require approval by MediaFocus International, L.L.C. and purchase of a special extended user license. The licensing agreement does not permit the Licensee to offer or enable free or paid downloads of the images from any digital media such as a CD-ROMs, or from the Internet, or any internal or external networks, including but not limited to online services and BBS installations.

Model and Object Releases

Stock photographs depicting people marked "for editorial use only" are NOT model released and can be used for editorial purposes only. Other stock photographs featuring small groups of people (6 people or less) or single individuals are model released, unless they are depicting crowds, street scenes, sports events, stadiums, crowded beaches, or similar images. For shots such as crowds, street scenes, sports events, stadiums, crowded beaches, or similar photographs model releases can, due to the nature of such photographs, not be provided. The purchaser is advised that MediaFocus International, L.L.C. will not be liable in any form, for any claims brought forward by people depicted in crowds, street scenes, sports events, stadiums, crowded beaches, similar photographs, or photographs marked "for editorial use only". Should any model release for photographs depicting 6 people or less (which are not crowd, street scenes, sports events, stadiums, crowded beaches, similar photographs, or images marked "for editorial use only") be disputed, MediaFocus International, L.L.C. or its supplier will be liable towards the model(s), for any justifiable claims brought forward. The liability of MediaFocus International, L.L.C. towards you the Licensee or any other third party shall be limited to the amount you paid for licensing the photograph. This guarantee covers all applications under this User Licensing Agreement. MediaFocus International, L.L.C. will not be liable for any claims brought forward due to unlicensed use, including but not limited to use of photographs in pornographic, sexual, violent, cruel, negative, abusive, libelous, and/or defamatory manner, this includes but is not limited to use of the images in context with dating services, escort services, mental disorders, physical impairments, and diseases. If an image featuring a person or a group of people is used in context with a controversial subject, the Licensee must accompany each such use with a statement that indicates that the person(s) depicted are models and that the image is used for illustrative purposes only.

For photographs depicting logos, trademarks, brand names, buildings, and objects - object or property releases are not available. The Licensee is advised to contact the owner of the logo, trademark, brand name, or building directly to obtain a release if the Licensee's use of the photograph requires it.

Breach of Contract

Use of the photography without payment of the licensing fee will result in a $1,000 fine per violation. In addition the Licensee is held liable by MediaFocus International, L.L.C., for any loss or damage caused or alleged to be caused from illegal or unlicensed use.

Publisher’s Disclaimer

Photographs are provided "as is" with no warranties or conditions, expressed, implied, statutory, or in any communication with you. MediaFocus International, L.L.C. expressly disclaims any implied warranties of merchant ability, non infringement, and fitness for a particular purpose. The Licensee agrees to hold harmless MediaFocus International, L.L.C., its affiliates, licensors and content providers, and each of their respective directors, officers, employees and agents from and against all claims and expenses, loss of data, hardware and software costs, lost profits, reasonable attorney's fees, or any other costs that are incurred, which are caused directly, incidental, consequential, or indirect from the use of any CD, digital image, photograph, this website or any other service or product offered by MediaFocus International, L.L.C.

This agreement is the entire agreement between the Licensee and MediaFocus International, L.L.C. and supersedes any other communications or advertising with respect to the photography licensed. The terms specified in this User Licensing Agreement, shall not be modified without the express written consent of the Licensor, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms of this Agreement, shall nullify the Licensor's indemnity obligations, representations, and warranties made by Licensor hereunder. The Licensor reserves the right to modify the terms of this agreement at any time without prior notice. If any provision of this agreement is held invalid, the remainder shall continue in full effect.