Multimedia-Stock.com
Absolutely Free Global Multimedia ShareTerms of use
Last updated: 10 Aug, 2009 (Privacy policy)
The following is a legal agreement between You and the owners and operators of www.multimedia-stock.com ("MMS"). By using MMS You agree to be bound by the terms of this Agreement. If You do not agree with the Terms of use, please do not use MMS.
This agreement may be revised or updated without notice. You are advised to review it regularly. Date of change on updates can be found at the beginning of this document.
The use of this Website
You warrant that you are of legal age to use MMS and to create binding legal obligations for any liability You may incur as a result of the use of MMS. You agree that you are responsible for all of your use of the site including for the use of your account by others.
MMS contains multimedia uploaded by its members. All media and their descriptions and presentation in general on the Website are the property of either MMS and/or its members and are protected by international copyright laws. Use of these Images without license is prohibited.
The use of media is governed by the license agreement below.
MMS and its members do their best to provide accurate information on media and on the services of MMS, however against all our efforts there can be some typographical and technical errors on it. MMS cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the site.
Uploading Images
Both parties acknowledge that from time to time You may upload media to the site, and MMS will screen these uploads to see if they are suitable for distribution.
You authorize MMS to be your non-exclusive agent that licenses Images FOR FREE to third parties based on the terms that can be found the Image License Agreement alongside the restrictions specified. MMS agrees not to sell this media under any circumstances and not to distribute them outside the site.
You acknowledge that under no circumstances can you demand money from MMS or those using the media for the use of said media. You may ask payment for a higher resolution version of an media but only if it's not stored on the site.
You also acknowledge that the media may be used for promotional purposes for the site or your gallery on MMS.
Furthermore, You acknowledge that MMS does not allow the upload of media that infringe on any copyright, property right, trademark or any other applicable right.
You are solely responsible for the media you upload. You warrant that YOU own all proprietary rights regarding the media, and as for media depicting identifiable persons that you do your best to obtain a valid, legal and signed model release from those parties and retain it to your files in case it is ever required.
You acknowledge that even though we at MMS do our best to prevent it from happening, MMS cannot be held responsible for the misuse or abuse of any media.
We also reserve the right to remove any approved media at any time if we believe it's defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading media found on other stock sites result in the termination of this agreement, the termination of your membership, and possible criminal prosecution.
Termination
Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination MMS removes all your media from the site. You acknowledge that because of copyright infringement or other kinds of serious - or even malicious - acts, you may face more serious consequences.
Privacy policy
At MMS we do everything we can in order to protect your privacy. We have a strict no-spam policy. We do not rent, sell or share your personal details with 3rd parties without your consent unless we are required to do so by the law. You may receive the occasional newsletters and media related promotional offers from us, but only if you have explicitly agreed to them.
Indemnification
You agree to indemnify, defend, and hold harmless MMS and its affiliated individuals against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this agreement, the use of this site and the use or the inability of use of any media, your failure to abide by any restriction regarding the use of media, or any claim by a third party related to the use of the media.
Warranty and Liability
The site and the media are provided "as is". 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. MMS does not represent or warrant that the site or the media will meet your requirements or that their use will be uninterrupted or error free.
MMS shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the site or the media.
License Agreement
The following is a legal agreement between you and the owners of MMS which governs the use of non-watermarked media downloaded from our site. By downloading any media you agree to be bound by the terms of this agreement automatically, without any other conditions or declarations. If you do not agree with these terms, you are not allowed to download the media.
All media on the site is copyrighted and are the property of MMS or its media providers. All rights are reserved unless otherwise granted to you. Your rights to use the media are subject to this agreement and the restrictions specified by the media provider.
We hereby grant to you a non-exclusive, non-transferable license to use the media on the terms and conditions explained in this agreement and on the media preview page FREE OF CHARGE.
You may use the Image
* In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
* In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
* Along with your corporate identity on business cards, letterhead, etc.
* To decorate your home, your office or any public place.
You may not use the Image
* For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
* To endorse products and services if it depicts a person.
* In a way that can give a bad name to MMS or the person(s) depicted on the media.
* As part of a trademark, service mark or logo (unless express permission is granted).
* SELLING AND REDISTRIBUTION OF THE MEDIA (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!
Always ask permission from the photographer if you want to use the Image
* In website templates that you intend to sell or distribute.
* For creating printed reproductions that you intend to sell.
* On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the media in a dominant way.
Information on rights
Since MMS does NOT require a written Model Release for each media that has identifiable people on it, we cannot guarantee that you will be able to use the media for any purpose you like. Also, if there is a model release for the media, we do not represent or make warranties whatsoever as to the legality or validity of it.
Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. MMS does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the media.
You acknowledge that by your download the ownership of media does not get transferred to you and you must not claim that it is yours. Your license is non-transferable, which means that you are not allowed to sell, rent, give, sublicense, or otherwise transfer the media or the right to use the media to anyone else. The work you create with the media must be used either by yourself or by your client. You warrant that you do your best to prevent third parties from duplicating the media.
You also agree to take the time to comment on and rate the media you downloaded and do your best to show the work you created with the media to the artist. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.
IMPORTANT!
MMS cannot be held responsible for any copyright violations, and cannot guarantee the legality of the media stored in its system. If you want to make sure, always contact the artists. You use the site and the photos at your own risk!
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