Website Terms and Conditions

Users of our website agree to be bound by the following Terms & Conditions:

Evolve Images, LLC Terms and conditions

USE OF THIS WEBSITE MEANS YOU AGREE TO THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR DOWNLOADING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE AND SHOULD IMMEDIATELY LEAVE THE WEBSITE.

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND Evolve Images, LLC, (hereafter "COMPANY"”). If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement. If you are acting on behalf of a disclosed principal, both you and your client jointly liable for payment of any licensing fees, COMPANY reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by COMPANY. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.

GENERAL WEBSITE RESTRICTIONS

NO META SEARCHING OR FRAMING: You may not take the results from a COMPANY search and reformat and display them, mirror or “frame” the COMPANY home page or results pages on your Web site. You may not link to any page of the Web site other than the home page located at [www.evolveimages.com.] You may not send automated queries of any sort to COMPANY’S system without express permission in advance from COMPANY.

PERMITTED IMAGE USAGE

Comp Use: COMPANY grants Licensee a personal, nontransferable, nonexclusive license to copy the Images selected onto its computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time only in the United States. The Image(s) may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Image(s) may not be used in any final materials distributed internally or to the public. All other rights are reserved to COMPANY. Licensee must contact COMPANY to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice granting usage rights is paid in full. Unless otherwise agreed, use of any Image is granted to the United States only and is limited to one year from date of invoice.

PROHIBITED IMAGE USE

The following uses are prohibited:

• The use of the Image beyond the terms of this limited license agreement, without first obtaining an additional license, including any electronic reproduction or promotional rights.
• To create any derivative use of an Image unless indicated on the invoice.
• To sublicense, re-license, rent or lease any of the Images.
• To use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
• To use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
• To archive, republish or transmit any images on any database or to a network or bulletin board in a downloadable format or enable it to be distributed via mobile telephone devices, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from COMPANY.
• To use any Image in an electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
• To use the Image to promote a business that sells or licenses photographic images, or otherwise competes with COMPANY in any manner.
• To ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as indicated by COMPANY.

TERMINATION

COMPANY reserves the right to automatically terminate the license contained in this agreement without notice if you, or your employer, fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. COMPANY reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.

DIGITAL FILES

Except as permitted under a license agreement, Licensee must delete any Images downloaded and stored in any electronic and removable media and destroy any other copy of the Images. The copyright symbol, the name of COMPANY and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.

PAYMENT TERMS

Time is of the essence in the performance by Licensee of its obligations for payments.

Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to COMPANY within ten (10) days after receipt of invoice. Any non-payment of an invoice may be construed as unauthorized use.

LINKS TO THIRD PARTY SITES

The linked sites are not under COMPANY’s control and it is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. COMPANY is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that COMPANY provides the links to you only as a convenience and it not endorse the linked sites or their use or contents.

INDEMNITY

Licensee agrees to indemnify and hold COMPANY, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS

COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY COMPANY.

DIGITAL FILES ARE PROVIDED "AS IS." COMPANY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL COMPANY, OR THE COPYRIGHT OWNER OF THE IMAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND COMPANY SHALL BE THE FEE PAID FOR THE IMAGE TO COMPANY.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling COMPANY to exercise all rights and 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 and without prejudice to COMPANY other remedies under this Agreement, COMPANY reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times COMPANY normal license fee for use of the Image(s).

MISCELLANEOUS

Jurisdiction and Attorney’s Fees: Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Seattle, Washington, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Washington. If Licensee is an agent for or an employee of a non-U.S. Company but operates in a place of business in the United States or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. Licensee agrees to be subject to the jurisdiction of the Federal Court of the District Western Washington. If COMPANY 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 Licensee.

No Assignment: This agreement is not assignable or transferable on the part of Licensee

No Waiver: No action of COMPANY, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of COMPANY in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. 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.

Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between COMPANY and Licensee and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.