Terms of Use for Images

These Terms of Use (the "Terms of Use") govern Licensee's and its Customers right to use Images (as defined below).
As part of the license agreement between you (as licensee) and WebsPlanet Ltd. ("WebsPlanet") for the use of WebsPlanet's software (the "License Agreement"), WebsPlanet agreed to grant you and your Customers, as part of the use of the Software, the right to use or access to Images, which WebsPlanet makes generally available from time to time. Without derogating from any provision of the License Agreement, the following terms shall apply with respect to the Images:
By downloading, accessing or using the Images, you acknowledge that you have read these Terms of Use and that you accept and agree to be bound by them. If you are not willing to be bound by these Terms of Use, you should refrain from downloading or using the Images.
All terms used herein not otherwise defined shall have the meaning ascribed to them in the License Agreement.

A. Definitions: "Images" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation which are obtained via download from the Website or the Software, together with all accompanying metadata and other material.

B. Copyright: The Images are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Images shall remain the sole and exclusive property of WebsPlanet, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of these Terms of Use. Use of the Images without agreeing to these Terms of Use, or a breach of these Terms of Use, constitutes copyright infringement.

C. Grant: WebsPlanet grants you and each of your Customers a non-exclusive and non-transferable license to use the Images only as provided in these Terms of Use.

D. Permitted Uses: you may, subject to Section (E) below, download the Images to the Websites created by WebsPlanet's Software.

E. Prohibited Uses: You may NOT:

(I) Sublicense, distribute, transfer, rent, lease, lend or assign the Images, rights or a copy thereof, to the Images, to any person or legal entity.

(II) Reverse engineer, decompile, translate, or disassemble any part of the Images.

(III) Remove any copyright, trademark or watermark from any place where it appears on the Images.

(IV) Use the Images, or any part of the Images, as part of a trademark, service mark, or logo. WebsPlanet or its licensors retain the full rights to the Images, and therefore you cannot establish your own rights.

(V) Use the Images to compete with WebsPlanet. WebsPlanet is in the business of licensing images to its customers (among other things). It is the specific intent of this provision to prohibit you from using the Images to enter, either directly or indirectly, a similar or competing business.

(VI) Use the Images apart from the Software (i.e. in case the Website is exported from the Software).

(VII) Use the Images in any downloadable format intended for multiple distribution including, without limitation, templates, Web site templates, software products, e-greetings, etc, or as part of an online database or any other database, or any derivative product containing the Images in such way that would allow a third party to download, extract or access the Image as a stand-alone file.

(VIII) Use the Images as the primary basis for any individual or collection of physical or digital objects which you then offer for sale.

(IX) Use the Images in any way that could be considered defamatory, pornographic, libelous, immoral, indecent, obscene or fraudulent, or illegal according to any applicable law, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.

(X) Claim any proprietary rights of any sort in the Images or any part thereof.

(XI) Use the Images as part of an editorial manner, without the following credit adjacent to the images: "© [Photographer's name]” (the “Copyright Notice”); provided however that if such Copyright Notice is not required under applicable law for use in a particular situation, AND if it would not be customary to include such Copyright Notice in such particular situation, then the Copyright Notice will not be necessary for use in such particular situation only.

(XII) Take any action in connection with the Image that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Image and the rights of any person who, or any person whose property, appears in the Image.

(XIII) Use the Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to:
(a) the use of Images in pornography;
(b) tobacco ads;
(c) ads for adult entertainment clubs or similar venues, or for escort or similar services;
(d) political endorsements;
(e) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.”

 (XIV) Use the Images beyond any limitations or restrictions set forth in these Terms of Use.

F. Additional Terms:

(I) WebsPlanet reserves the right to (i) not permit use of any Images for any reason whatsoever; and (ii) notify you that certain Images are no longer available for use. Upon such notification, the license to use such Images shall automatically and immediately terminate.

(II) All other rights not expressly granted to you are reserved solely for WebsPlanet.

(III) WebsPlanet reserves the right to replace Images with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Images immediately, and automatically, terminates for any use of the Images that does not already exist, and this Agreement shall automatically apply to any replacement Images. You agree not to use any replaced Images with future products or services and you shall take all reasonable steps to discontinue use of the replaced Images in existing products or services.

(IV) WebsPlanet reserves the right to modify these Terms of Use at any time, subject to 30 days written notice to you. Continued use of the Images after any such changes shall constitute your consent to such changes.

G. Termination

 Upon termination of the license to use any Images granted under these Terms of Use, you agree to (i) destroy all copies and archives of the Images and (ii) cease using the Images for any purpose.


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