Unlimited Photography website by Infinity Unlimited
LICENSING TERMS & CONDITIONS FOR END USER AND CONTRIBUTING MEMBERS
END-USER LICENSE AGREEMENT (EULA) By downloading any image or material from our Website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our Website:
This agreement is made by and between Infinity Unlimited and all end users (otherwise listed herein as You or Your) who create an account for the right to access, acquire, purchase and use Images (images, photographs and any other electronic material) from this Website. All Images on the Infinity Unlimited Website are protected by UK and international copyright laws and treaties. Infinity Unlimited and/or the various artists who provide content and/or Images to Infinity Unlimited ("Content Contributors") own all rights, including the copyrights in and to the Images. Infinity Unlimited and/or its Content Contributors reserve all rights in and to the images not granted to you by the terms of this license. Your rights to use any Images are subject to this license agreement and are conditioned upon your payment to Infinity Unlimited for your use of the Images. If you fail to make any payment to Infinity Unlimited when due, or if any payment is not collectible for any reason, your account will be deemed delinquent. Provided that your account was current at the time you downloaded any Images and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time prior to or since delinquency shall automatically terminate. Infinity Unlimited reserves the right to determine whether or not an account will be permanently terminated, even after an account delinquency status is corrected. By downloading any Images from Infinity Unlimited you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our Website.
A. User's Rights to Images from Infinity Unlimited. You agree to access, acquire, and use our Images as follows:
1.These Terms and Conditions constitute a legal Agreement between You and Infinity Unlimited.
2.Infinity Unlimited.com grants You a nonexclusive, non-transferable license to download, use, modify, publish, and display our Images according to the defined Terms and Conditions of this Agreement.
3.You may access, acquire, and use the Images downloaded from Infinity Unlimited.com subject to these Terms and Conditions in the following manner:
(a. In the development and creation of your business presence and entity.
(b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover's design, and newspapers.
(c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
(d. As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
(e. In a PowerPoint presentation, however, use of our Images in this medium must include an explicit statement in an easily identifiable location in this presentation noting that, "Some images contained in this presentation are the copyrighted property of Infinity Unlimited. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Infinity Unlimited."
(f. As part of a design element of a Website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the Images from our Website in a Website template or any template or design sold individually or as part of an archive or catalogue collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client Websites that are NOT distributed through an archive or automatic system.
B. User's Restrictions on the Use of Infinity Unlimited Images. You agree not to access, acquire, or use our Images in any of the following manners:
1.You may not at any time, share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
2.You may not distribute, share, sell, or give away any of our Images at any time for any reason whatsoever.
3.You may not distribute our Images electronically or in hard copy, except as specifically outlined in the "User's Rights to Images from Infinity Unlimited" section of this Agreement.
4.You may not use any of the Images downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalogue collection, or an automated shopping system, under any circumstances. You MAY however use our Images in client websites that are NOT distributed through an archive or automatic system.
5.You may not allow or authorise any third party to use the Images for any purpose at any time or resell, sublicense, or otherwise make available the Images for use or distribution separately or detached from a product or Web page. Including use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, greeting cards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites.
6.You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our Website at any time.
7.You may not under any circumstances use Images in connection with any illegal, obscene, immoral, or pornographic material.
8.You may not use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. Infinity Unlimited does not provide such permissions.
9.You may not use any Image (in whole or in part) as a trademark, logo or an element thereof.
10.You may not stockpile, download, or otherwise store any Images not used within six (6) months after the expiration of your account.
11.The Images on the Infinity Unlimited website are offered as Royalty-Free. You are free to use the content for any purpose including publication, display, modification, and creation of derivative works, or products, and all promotional purposes.
C. You understand and agree that Infinity Unlimited may, in its sole discretion:
1.Monitor your download activity from Infinity Unlimited as often as Infinity Unlimited determines under its sole discretion for any reason and for any violation of this Agreement.
2.Disable any account that engages in what Infinity Unlimited determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
3.Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Infinity Unlimited sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
4.Investigate any abuse of your username and password in connection with the Infinity Unlimited Website or in connection with this Agreement.
5.Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
6.Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on the Infinity Unlimited Website, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Images, you lose all rights to Infinity Unlimited Images , and you must IMMEDIATELY delete any and all Images obtained prior to this termination, and forfeit all fees paid.
D. You understand that through electronic contract with all Contributing Members Images are copyrighted and licensed by Infinity Unlimited for distribution through this Website only, and any unauthorized use of any of these Images by you may be an infringement upon said copyright. If a contract with a Contributing Member is terminated, for any reason, Infinity Unlimited will no longer hold a license to distribute said Contributing Member's Images or content.
E. Infinity Unlimited and all Images are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Infinity Unlimited its employees, directors, and officers and anyone else associated with Infinity Unlimited makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Infinity Unlimited further makes no representation or warranty that your usage of the Infinity Unlimited Website will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access the Infinity Unlimited Website, you do so at your own risk.
F. Infinity Unlimited, its employees, directors, and officers, or anyone else associated with Infinity Unlimited shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Images including but not limited to any false statements from Contributing Members regarding copyright and ownership of any and all Images provided to Infinity Unlimited. Infinity Unlimited, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using the Infinity Unlimited Website, and for accessing, acquiring, and/or using Images from the Infinity Unlimited Website.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Images in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Images will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Infinity Unlimited is accurate and true, including without limitation all credit card information.
H. You agree to fully, indemnify, and hold harmless Infinity Unlimited, its employees, directors, officers, and any other entity associated with Infinity Unlimited, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, 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 any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement. Infinity Unlimited reserves the right to make changes to this agreement at any time and encourages all Users and Content Contributors to periodically review and understand it.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
F. Refunds for all Image Purchases
All Image purchases are non-refundable.
Any Content Provider shall indemnify, defend and hold harmless Infinity Unlimited, its officers, directors, employees, partners, associates, affiliates, joint venturer, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. Infinity Unlimited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Content Provider’s indemnity obligations.
H. Control of Operations
(1) Infinity Unlimited, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others.
(2) Member Privacy.
Infinity Unlimited may access and disclose any information about Content Provider, Content Provider’s accounts, or any content Content Provider provides to the Website if Infinity Unlimited believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or Users.
(3) Infinity Unlimited reserves the right, but does not assume the responsibility, to restrict conduct which Infinity Unlimited deems in its discretion to be harmful to individual Content Provider, damaging to the communities that use Infinity Unlimited, or in violation of Infinity Unlimited' or any third party's rights.
Infinity Unlimited expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
Infinity Unlimited, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Infinity Unlimited. From time to time the porting of particular content may not be feasible and Infinity Unlimited may remove any such content from the Website without any liability to Content Provider. Content Provider is responsible for assessing its own computer and transmission network needs, and the results to be obtained there from.
Infinity Unlimited assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from Infinity Unlimited.
Infinity Unlimited makes no warranty that service will be uninterrupted, timely, secure, or error free. Infinity Unlimited makes no warranty as to the use or the results that may be obtained from the use of Infinity Unlimited. Infinity Unlimited makes no warranty with respect to any related software or hardware used or provided by Infinity Unlimited in connection with Infinity Unlimited. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
J. Limitation of Liability
Content Provider acknowledges that Infinity Unlimited shall not assume or have any liability for any action by Infinity Unlimited or its affiliates and licensees with respect to the use of Images. To the fullest extent permitted by applicable law, including but not limited to, negligence, Infinity Unlimited shall not be liable to Content Provider for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Infinity Unlimited has been advised of the possibility of such damages, in connection with Infinity Unlimited or with any other product or service provided by Infinity Unlimited, or resulting from the use of or the inability to use the Website or any transaction entered into through or from Infinity Unlimited, or from unauthorized access to or alteration of your transmissions, data, or account. Content Provider specifically agrees that Infinity Unlimited is not responsible or liable to Content Provider or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
Content Provider or Infinity Unlimited may terminate your account with Infinity Unlimited at any time with or without cause. Your emailed notice of termination will be effective upon receipt by Infinity Unlimited at which time all Images and account information will be removed from the Infinity Unlimited servers and any outstanding payments due to Content Provider will be forfeited by Content Provider.
L. Contributor/ Upload Agreement
This Contributor Upload Agreement pertains to any Member that uploads Data Files to the Site ("Contributor"). By uploading Data Files the Contributor understands that he or she agrees to be bound by the following terms.
a. Infinity Unlimited prohibits the upload to the Site of any Data File or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right.
b. By uploading his or her Data File, the Contributor warrants that he or she owns all proprietary rights, including copyright, in and to the Data File. To the extent that the Data File contains images of recognizable people or persons, the Contributor also represents and warrants that he or she has obtained a complete and accurate model release. To the extent that the Data File contains images of identifiable property or property for which it is necessary for the owner to permit the uses allowed under the Terms & Conditions, the Contributor also represents and warrants that he or she has obtained a complete and accurate property release. Contributor is responsible for keeping all original releases and maintaining accurate release records, and shall submit such releases to Infinity Unlimited upon request.
c. Contributor acknowledges that the intention of the Terms & Conditions is that users are to comply with its terms and conditions; however, Infinity Unlimited is not responsible for ensuring the compliance of the Terms & Conditions by any user.
d. Contributor further acknowledges that Infinity Unlimited is not responsible for nor has any obligation to pursue legal action against any infringing or alleged infringing party of any of Contributor's rights regarding the Data Files.
a. The Contributor hereby grants Infinity Unlimited a worldwide, non-exclusive license to post the Data File on the Site, and further grants Infinity Unlimited the right to grant sub-licenses, advertise, market, and distribute such Data Files in accordance with the terms of the Terms & Conditions, a copy of which the Contributor acknowledges having reviewed and agreed to. The Contributor acknowledges that the Terms & Conditions may be updated or modified by Infinity Unlimited from time to time. The non-exclusive rights granted by Contributor include, but are not limited to, the right to reproduce, publish, transmit, broadcast, display, exhibit, adapt, crop, recast or enhance, and modify any Data File, alone or in combination with any other material, in any media or embodiment, now known or later developed, for any purpose. Infinity Unlimited is specifically authorized to employ the services of sub-distributors throughout the world in its licensing and marketing efforts.
b. Infinity Unlimited may use or grant the use of Contributor's name, image, likeness, and Data Files in promotional materials, including but not limited to print, digital, online materials, and products.
c. Infinity Unlimited shall determine, in its sole discretion, the terms and conditions of the licensing, marketing, and distribution of the Data Files, including, but not limited to, advertising, promotion, marketing expenditures, packaging, distribution channels, and the pricing of the Data Files.
d. It is agreed that all rights, including title and copyright, in and to the uploaded Data Files is retained by the Contributor, and that no title or copyright transfers is granted to Infinity Unlimited or any third party. The Contributor acknowledges that no monetary or financial compensation is owed or required to be paid to the Contributor by the Infinity Unlimited or it's members for the rights granted herein by the Contributor. Notwithstanding the foregoing, Infinity Unlimited currently acknowledges that its policy is to provide certain payments to the Contributor whenever a Data File uploaded by the Contributor is downloaded, and the parties agree that Infinity Unlimited may amend such policy as reasonable business objectives may require.
3. Removal of Data Files From Site
Within thirty (30) business days after receiving written notice from Contributor to remove any Data Files, Infinity Unlimited shall use reasonable efforts to remove such Data Files from the Site, and shall use reasonable efforts to cause such Data Files to be removed from the web sites of any sub-distributors. Any withdrawal or removal of Data Files will not affect existing rights or licenses granted by Infinity Unlimited or sub-distributors to end users.
a. The Contributor warrants that he or she is at least 18 (eighteen) years of age and has the right to grant the license contained in this Contract to Infinity Unlimited and its members, and has obtained all rights to source materials which comprise the Data Files and has obtained all necessary permissions, consents, and releases (including, without limitation, property, material, and/or model releases) from all persons and entities in connection with the Data Files that are necessary to permit Infinity Unlimited to market and distribute the Data Files under these Terms & Conditions.
b. The Contributor further warrants that the copyright, title, caption, description, keyword, release, and all other information provided by Contributor to Infinity Unlimited is complete and accurate, and that the Data Files do not infringe upon or misappropriate on any copyright, trademark, property rights, personal rights, common law rights, rights of privacy or publicity or other rights of any third party; shall not defame or violate the rights of any third party; and are not libelous, obscene, pornographic, offensive, or otherwise unlawful.
M. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement comprises the entire agreement between Infinity Unlimited and all members, and supersedes any prior agreements. Infinity Unlimited reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions.
Please contact Customer Service with any questions.