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1. Site Usage
Editable Photos is a website on which registered Members (“Buyers/Designers”) can browse, purchase and license images. Members can also choose to become content contributors (“Sellers/Contributors”). Contributors may upload files for the purpose of having Editable Photos act as the contributor’s agent for licensing image rights to other users. By creating an account, you agree to be bound by this agreement. Should you disagree with any of our policies please refrain from using the site.
2. Consent
You must be at least 18 years old to open an account with Editable Photos. By becoming a member and using the website, you warrant that you are at least 18 years old.
3. Member Responsibilities
Registration: Member is required to provide Editable Photos with accurate, correct and current information upon registration. The Member also agrees that this information will be updated to ensure accuracy at all times. Members are not allowed to use member names that are in any way illegal or vulgar.
Account Responsibility: Members are completely responsible for all activity that is conducted through their account. You are not allowed to distribute this information. If there is unauthorized activity with your account, you agree to notify Editable Photos immediately.
4. Account Termination
Editable Photos reserves the right to terminate any account if any of the outlined policies in this agreement are not followed. For time to time, Editable Photos engages in site maintenance and account monitoring and clean up. If for example, your email address is not valid, we reserve the right to remove your account from our site. Using images out of the normal permitted use also will result in automatic termination and request to remove our image.
5. Refund Policy
If you have downloaded an image that has technical flaws, corrupt or unable to open, you may request a refund within five (5) of making that purchase. Editable Photos will make every effort to send you the correct image, however, where it is not feasible, a full refund will be given or return of loss credits.
6. Buyer Agreement
(a) A buyer is only allowed to use an image if he/she has purchased a license to use that image.
(b) The Member agrees that no attempts will be made to use, download or manipulate an image on the site such as removing watermarks without making a purchase.
(c) Buyer agrees that all copyright remains with the photographer of that image and no attempts to contest this fact will be made.
(d) Buyer agrees to use any free images provided within the limits of the royalty-free license and that any other uses would require an extended license purchase.
7. Free Collection
Images that are offer for free on Editable Photos are subjected to the terms of the Royalty Free agreement. You are allowed to use our images as dictated under the permitted uses. You must be a member of the site in order to use our images. If you cancel your membership with Editable Photos, you will forfeit the right to use any images downloaded from the site. As long as an image is available for free on our site, you will never be charged for that image.
8. Licenses
Editable Photos offers two types of licenses: royalty-free and extended. The type of license you purchase will determined how you can use the end result of that image.
(a) Royalty-free (RF) – under this agreement, Editable Photos licenses to you the use of the image file herein on a perpetual, non-exclusive, non-transferrable basis. The image use must fall into one of our permitted use as defined in the Royalty-free license agreement. These files are for personal use only.
(b) Extended License – under this agreement, you can purchase the right to use an image under the permitted use with the intention of resale or redistribution. Purchasing an extended license does not transfer copyright ownership.
9. Website Operations
(a) Editable Photos cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website.
(b) Editable Photos reserves the right to revise, supplement or delete information, service and/or the resources contained in the website and make such changes without prior notification to past, current or prospective users.
(c) Editable Photos makes no warranties that the service will be uninterrupted, timely, secure or error free.
(d) Editable Photos makes no warranties that the files downloaded will not contain harmful content such as viruses. If such issues occur, they are the direct responsibility of the copyright holder or the manufacturer of the product or service.
10. Indemnification
Member shall indemnify, defend and hold harmless Editable Photos, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages incurred by Editable Photos as a result of such breach or breaches. Editable Photos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member's indemnity obligations.
11. Limitation of Liability
Member acknowledges that Editable Photos shall not have any liability for any action taken with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, Editable Photos shall not be liable to Member 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 Editable Photos has been advised of the possibility of such damages. Member specifically agrees that Editable Photos is not responsible or liable to Member 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.
12. Jurisdiction
This contract is governed by and shall be construed in accordance with the laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
13. Severability
If any term or provision of this agreement is found to be unenforceable for any reason, this agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
14. Acceptance of Agreement
By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Editable Photos ("Editable Photos") may publish from time to time (collectively, the "Terms of Service"). If you do not agree to all of the terms and conditions contained in the Terms of Service, do not access or use this Site
15. Revision of Agreement
Editable Photos may change these Terms of Service and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Service, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Service" link on the home page of Editable Photos.com to view the then-current terms. If you breach any of the Terms of Service, your license to access or use this Site shall automatically terminate.