THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND PUBLITEK, INC., DBA FOTOSEARCH (“COMPANY”). BY ACCESSING THIS SITE, DOWNLOADING ANY CONTENT, OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
OWNERSHIP OF THIS SITE
This Site is owned and operated by Company. All elements of the site, including the text, images, graphics,
illustrations, audio, video, illustrations, clip-art, maps, keywords, specifications and other metadata, and
foreign translations (“Content”) and the general design are owned by Company or its Content suppliers and
are protected by copyright, trademark, trade dress, moral rights and other US and international laws or
treaties relating to intellectual property.
Unless otherwise specifically stated, the Content remains the property of Company, the Content supplier, the copyright holder, or owner of such Content. Except where specifically stated elsewhere on the Site or as otherwise provided by Company, you do not acquire any right, title, or interest in or to any Content.
You may not use Company’s or any of its content suppliers, trademarks or trade names, including “Fotosearch” or “Photosearch”, without Company’s prior written consent. In addition, the look and feel of the Site, including all elements of the design is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Company.
USE OF THIS SITE AND CONTENTS
This site and its Contents are intended for use by Company’s customers. You may not use the Site for any
purpose unrelated with your business with Company. Unless you are a registered user, you may only browse the
Site and download watermarked images solely for Comp Use. In using the Site, you represent and
warrant that you will comply with all applicable laws and regulations, including, without limitation, those
relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the
United States or the country in which you reside.
Prior to the use of any Content, you must obtain appropriate licenses from Company on behalf of the Content supplier and/or copyright owners. All rights not specifically granted to Licensee are reserved for the copyright holder and the Content supplier.
Provided you comply with the terms of this Agreement, Company grants you a limited, nontransferable, nonexclusive license to download selected Content onto your computer hard drive and to use the Content and any derivative works or copies for internal use for evaluation purposes (“Comp Use”) solely to determine if you wish to request a non-comp use license. The Comp use license automatically expires after sixty (60) days and Company reserves the right to terminate the Comp Use License at any time. Company does not warrant that Content used for Comp Use may be available for licensing for your intended purpose. Other than the Comp Use, the Content may not be used in any way, until an invoice granting usage rights is paid in full. Upon termination, you and your employer must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies.
PROHIBITED USE OF SITE AND CONTENT
The following uses are prohibited, therefore, you may not:
- Remove, alter or change any copyright information or other notices or metadata associated with the Content;
- Download, copy, or re-transmit any or all of the Site or the Content without, or in violation of, a written license or agreement with Company;
- Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site Visitor’s or Company’s customers;
- Manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
- Circumvent any Site restrictions or measures to limit access to the Site;
- Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
- Disclose, sell or trade any password to restricted areas of the Site s or allow any third party to have access to your password; and
- Interfere in any manner, whether technological or otherwise with the function of the Site or and services offered by Company.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Company may
terminate, in appropriate circumstances and at the Company’s sole discretion, the account of any party that
infringes upon the intellectual property rights of the Company or any of its Content suppliers.
If you believe that any Content or material on the Site infringes upon a copyright that you own or control, you may submit notice of such infringement pursuant to the DMCA by providing to our designated DMCA copyright agent a written notification containing the following information (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (including the image number(s) of the material).
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: DMCA Copyright Agent
21155 Watertown Rd.
Waukesha, WI 53186
- Tel: 262-717-0600
- Fax: 262-717-0745
- Email: email@example.com
LINKS TO THIRD PARTY SITES
The linked sites are not under Company’s control and Company is not responsible for the Content 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 Content.
You agree to indemnify and hold Company, its directors, employees, content providers, the copyright holder, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising out of or related to the use of Content, any breach of this Site agreement, or your violation of any rights of another.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS,
AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO
LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED
ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT
COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS
SITE OR THE COMPANY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY
VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL
PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT
MAY ARISE BY VIRTURE OF YOUR USE OF THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE
AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY AND QUALITY OF ANY IMAGE AND INFORMATION IS WITH YOU, THE
USER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONTENT SUPPLIERS OR AGENTS BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM
COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'
RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU
PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE SITE.
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 CONTENT, AND THE LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY OR ITS CONTENT SUPPLIERS USED REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CAPTION, RELEASE, AND KEYWORDING INFORMATION OF THE CONTENT, BUT SHALL NOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION, RELEASE, OR KEYWORDING INFORMATION.
UNAUTHORIZED USE FEE
Any use of Company or its Content Supplier’s Content 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’s normal license fee for use of the Content.
JURISDICTION AND ATTORNEY’S FEES
Any dispute regarding this Agreement shall be governed by the laws of the State of Wisconsin and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Wisconsin, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between Company and you, Company shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
© 2019 Publitek, Inc. dba Fotosearch. All rights reserved.
Revision date: December 31, 2014