By clicking on the “I have read and agree to the Subscription Terms and Conditions” checkbox during subscription purchasing, you (referred to in this Agreement as the “Member”) are accepting the terms and conditions of this Agreement. You must be at least 18 years of age and if you are subscribing as an employee of a corporation have the authority to enter into this agreement on its behalf. The right to use this service is granted to the Member only and may not be transferred free of charge or against payment to any third party.
Subscriptions enable the Member to download a limited number of Content in certain file sizes and file formats within a specified time frame. The exact number of downloadable Content, file sizes, and file formats are specified within each individual subscription at the time of purchase. “Content” is defined as any image, stock photograph, illustration or digital file downloaded from the Licensor's web site.
The subscription term begins on the day and time the order is placed and paid for by the Member and expires after 365 days (at Midnight Standard Eastern Time), depending on the type of subscription selected. Subscriptions start at the time of purchase and cannot be applied to any prior orders.
- The Member is responsible to provide and keep the Member’s Account Information accurate and current.
- Access to the www.MediaFocus.com photography database is granted primarily to the Member. The Member may share the account access with individuals belonging to the same company or organization, and with any third party who is directly involved in a production created for or by the Member (i.e. graphic designer, printer). To give access to any other third party under the Member’s account login constitutes a violation of this Agreement and will result in immediate termination of the subscription.
All Content presented on www.MediaFocus.com can be selected for download as part of the subscription, in the file size and file format specified by the type of subscription the Member elected to purchase.
The Member understands that during the term of his/her subscription Content may be added or deleted from www.MediaFocus.com at MediaFocus International, LLC’s sole discretion and without prior notice.
The Member agrees to pay for all Internet service provider fees, telecommunication fees and other charges required for the Member to use the subscription service.
The Member understands and agrees to that unused Content downloads at the end of the subscription term will not be refunded or credited and can not be transferred to another subscription. The Member’s account will provide accurate and current data stating how many Content downloads the Member still has available within the subscription. It is the Member’s sole responsibility to keep track of which images he/she has downloaded already to prevent multiple downloads of the same file.
The Member acknowledges the any and all Content licensed from the Licensor are subject to the restrictions and controls imposed by the Export Administration Act and Regulations. The Member acknowledges that he/she is prohibited to use any Content for any purpose that would violate those regulations. The Member 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.
- This Agreement can be terminated by the Member within 10 days. Any images downloaded during this period of time will be charged at the regular individual purchase price per photograph as specified on the web site at the time of termination.
Content is provided "as is" with no warranties or conditions, expressed, implied, statutory, or in any communication with you. MediaFocus International, LLC expressly disclaims any implied warranties of merchant ability, non infringement, and fitness for a particular purpose. You agree that MediaFocus International, LLC will not be liable to you, the Member, or any other third party for any damages, including loss of data, costs, lost profits, expenses, legal fees, or any other costs that are incurred, which are caused directly, incidental, consequential, or indirect from the use of any Content, this service or web site.
- All Content downloaded under a subscription program is subject to the terms and conditions of Standard User Licensing Agreement or Extended User Licensing Agreement depending of the type of subscription purchased.
This Agreement is the entire Agreement between you the Member and MediaFocus International, LLC the Licensor and supersedes any other communications or advertising with respect to the subscription service. The terms specified in this Agreement shall not be modified without the express written consent of MediaFocus International, LLC, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms of this Agreement, shall nullify MediaFocus International, LLC’s indemnity obligations, representations, and warranties made hereunder. MediaFocus International, LLC reserves the right to modify the Subscription Terms and Conditions at any time and without prior notice. If any provision of this Agreement is held invalid, the remainder shall continue in full effect.