1. Site Usage Agreement
a. The user agrees that by using this website or by downloading any material, it is giving is consent to be bound by this Agreement. This Agreement is applicable to the user who uses the website whether for its own self or behalf of the Client. the Company reserves the right to change the terms of use and privacy policy at any given point of time.
b. The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website.
2. Use of this site
a. This website is owned and operated by Rolffimages. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of US and international copyright laws.
b. There are media on the website that depicts a visible watermark (Watermarked Media) and also the media that does not contain a visible watermark (Non-watermarked Area). The website grants you the permission to search for, view and use Watermarked Media in accordance to the permissions granted therein. You can use the Watermarked media only if you have an account registered with the website. However, if you do not have an approved account on the website then also you can access Non-Watermarked Media.
c. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
d. Without limiting the foregoing, we may close, suspend or limit your access to our website:
e. This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). Our website allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for an account and we have approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. The Website reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from us. All rights not specifically granted under this Agreement are reserved with website. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
f. We may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, _delete_ all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. We may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from us.
g. Though we take reasonable measures to provide accurate information but cannot guarantee that all the content provided will be error free or free of mistakes, free of inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by the website or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
h. The responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, they are responsible for any legal issues should they arise from their contributed products.
3. Children
Use of the Site is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years you ate not authorized to use the website or create an account on the website.
4. Registering for an account
a. In order to obtain access to our media you will have to create an account on our website.
b. In order to register for an account with us (an "Account") and provide certain personal information such as name, email address, contact number and password.
c. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
d. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will _update_ your Account information promptly.
e. At any time, you may request your account access to be restricted, but we reserve the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently _delete_d. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the our admin staff, for legal purposes.
f. After acquiring a credits package or subscription, you can download Media using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company`s own projects or clients and cannot be transmitted to another party. If the Media is to be used by more employees, then an Unlimited Seats is required.
5. Royalty-Free License - Info
What Royalty-Free means is that you pay for the Media only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. You are allowed to use the image for an unlimited number of copies, printed and/or electronic. This license is granted in perpetuity and it is worldwide valid.
The Royalty-Free license is granted ONLY for the non-watermarked Media you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
6. Royalty-Free license for using our Media
Royalty- Free License of use of Non-Watermarked Media and Restrictions: You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access, browse, and use the Services online, conditioned on your continued acceptance of, and compliance with, these Terms of Service and our Privacy Policy. You may use the Services and the Non-Watermarked Content for your non-commercial personal use and for no other purpose. We reserve the right to bar, restrict or suspend any user’s access to the Services, and/or terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms of Service.
7. Extended licenses for using our Media
a. Unlimited Seats.
This license extends our regular Royalty Free license to an unlimited number of seats within the same organization. It is an additional license to the usage included within the regular Royalty-Free license that awards rights for a single person within the same company. The Unlimited seats license is applied only for the staff of the organization that holds the account. The number of copies allowed is unlimited for each designer/employee.
b. Unlimited Web Usage.
Electronic Items for Resale/Distribution: this license includes the right to use the media in web-templates that are sold to more customers, screensavers, e-cards, PowerPoint presentations or as wallpapers on cell phones. Maximum number of electronic items is unlimited (applies as a total of each type of usage).
This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.
c. Unlimited Print Usage | Items for Resale.
Physical Items for Resale/Distribution: includes the right to use the images, photos or stills comprising media for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for an unlimited number of copies (applies as a total of each type of usage).
This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.
8. Exclusive licenses.
a. Sell Full Rights:
This license represents a full ownership of the downloaded media. The buyer can use it exclusively (exclusivity applies from the moment that the file was downloaded using this license; buyer must take into account potential past downloads made for media and choose it accordingly or investigate further via support), and include it in any type of design with just a few restrictions: sensitive subjects may still apply and the buyer may not claim that the file was created by him nor resell it as his work. The agency will disable the media immediately after the buyer acquired this license. The Contributor is required to disable the file permanently from all other places where he may sell it, as soon as possible after the sale occurred, but no longer than 72 hours. This license grants the buyer exclusivity so the Contributor needs to keep in mind that exclusive media is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable other files as being different. All such variations rendering the media very similar in concept and message to the one sold under Sell Full Rights should be removed from sale as well. The photographer acknowledges and agrees to provide the buyer with full ownership for the file retrieved using the Sell Full Rights license.
b. Time Limited Exclusivity (1 year, 3 years):
9. Unauthorized use
a. Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle us to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of our rights or remedies in connection with any unauthorized use.
b. Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files, you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. We will not be held responsible for any of the materials you upload to the site.
c. You agree and confirm:
d. You may not use the site for any of the following purposes:
10. Model and property releases/clearances
a. With respect to Media for which you have purchased a license through us, the rights that we grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. We make no representations or warranties that it owns or licenses any rights nor does the website grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, we make no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by us. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
b. With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
With respect to any personal data included on any release document you provide, you acknowledge and agree that you are the data controller or processor, and the website is the data processor or sub-processor, as applicable, and accordingly the website agrees that it shall process all personal data in accordance with its Privacy Policy. If you are a data processor, you warrant to the website that your instructions and actions with respect to personal data, including your appointment of the website as another processor, have been authorized by the relevant controller.
c. If Media is designated as model-released, it means the contributing member posting such Media has represented to us that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that the website is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If we incorrectly indicate that a Media is model-released when it is not, our liability shall be limited to the amount you paid to us for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use a Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through us is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide us with proof of such releases and permissions upon request.
11. Refund policy
a. You may ask for a refund of your purchase within 30 days from the purchase date. Please note that refunds will only be permitted if the plan you purchased (whether credits or subscription) has not been used to download any Media. Note: Refunds will not be given for the first subscription fee charged after a promo deal subscription if any Media has been downloaded during the promo deal period. Also, if you elect to be billed in installments, your yearly subscription plan cannot be stopped and refunded once your first renewal payment comes into effect.
b. If you have downloaded a piece of Media that has technical flaws, please contact us for a refund of credits used for downloading the Media. If you are not able to download a particular piece of Media, we will refund the credits used to purchase that piece of Media, provided that we determine you have been unable to download the Media successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a refund of the extra credits. Downloads will not be refunded if more than 7 days from the download date have passed.
12. Referral program terms
a. In order to participate in our Referral program, you should accept the following terms and conditions:
b. What you have to do:
- read the referral terms and agree with them
- do your best to promote the site, using the site`s badges, your unique referral URL or your referral ID
c. What we will do:
- provide 10% from all credit’s packages bought by a designer that you referred, for 3 years after their sign up!
- provide 10% from all sales made by a Contributor that you referred, for 3 years after their registration!
- add all income to your earnings account: you can cash it as soon as the total earnings reach $50 (that includes your regular income, if you`re a Contributor)
- keep track of all visits you bring for 30 days after the URL is first clicked (cookies must be enabled)
d. Obligations
e. Specifications:
13. No Waiver / Severability
a. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
b. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
14. Disclaimers
THE WEBSITE PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER THE WEBSITE NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
15. Governing Laws and Jurisdiction:
a. This User Agreement shall be construed in accord with the applicable laws of United States regardless of your physical location.
b. The Courts at United States, Toms river, NJ have exclusive jurisdiction in any proceedings arising out of this agreement.
16. Dispute Resolution:
a. Generally, transactions are conducted smoothly on our website. However, there may be some cases where we and you may face issues. A _qt_Dispute_qt_ can be defined as a disagreement between you and us in connection with a transaction on the Website.
b. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
c. The venue for arbitration shall be OCEAN COUNTY COURTHOUSE and the seat of arbitration shall be 118 Washington Street, Toms River, NJ, 08753 and the language used for arbitration shall be English.
d. The award of the arbitration shall be binding on both, you and us.
e. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
17. Site Security:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers.
18. Privacy:
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
19. Notice
a. By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
b. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
c. Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
20. Legal Compliance
a. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
b. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in United States.
21. Entire Agreement:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
22. Contact Us:
For any further clarification of out Terms and Conditions, please write to us at support@rolffimages.com