End User License Agreement

 

It is the intention of WWW.RAYSTOCKPHOTOS.COM that these terms shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.
The following terms are an agreement between you (LICENSEE) and WWW.RAYSTOCKPHOTOS.COM (copyright owner of Images) and member of Symbiostock. You agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes. By using this site for any purpose you agree to be bound by these terms and conditions

1. Definitions
Symbiostock: linked community of individual copyright holders making their Images available through their own sites
LICENSEE: downloader, person or entity licensing Image(s)
WWW.RAYSTOCKPHOTOS.COM: copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.
Image(s): photograph(s) and/or other visual content for which LICENSEE has paid license fees if such are required by WWW.RAYSTOCKPHOTOS.COM, and for which the terms of this Agreement shall apply.
Copyright: Intellectual Property right owned by WWW.RAYSTOCKPHOTOS.COM
Work for Distribution: any independently authored derivative work incorporating the Image(s) created by or on behalf of LICENSEE under the terms of this Agreement.

2. License Terms
Standard

(Standard licenses are available on site per PayPal purchase and instant download of Image file)

On receiving full payment for specific high resolution Image(s) WWW.RAYSTOCKPHOTOS.COM grants LICENSEE a perpetual, non-exclusive, non-transferable worldwide license to use the Image in the following ways – advertising and promotional material, book, book cover, single fine art print, flyer, printed and electronic media, website use with maximum dimension of 800 pixels on longest side, print runs up to a limit of 100,000 copies. This list is not exhaustive, see restrictions below or if LICENSEE has any queries contact WWW.RAYSTOCKPHOTOS.COM.

Image(s) may not be resold, sub-licensed, assigned, transferred or otherwise made available to third parties except as incorporated into Works for Distribution. Image(s) may not be distributed to third parties as a standalone file, in any library or reusable template, electronic or otherwise, including but not limited to website templates, or in any way that unreasonably permits the recipient to extract the Image(s) for use separate and apart from the Work for Distribution. LICENSEE will make reasonable best efforts to safeguard against unauthorized third-party access to Image(s).

LICENSEE may not superficially modify the Image(s) and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, LICENSEE may not resell Image(s) as a screensaver or desktop background, nor use Image(s) on physical products for resale. Use of Image(s) for print-on-demand items is prohibited. This restriction includes websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other sites that may not be listed.

Editorial

Images marked as “Editorial use only” have no model, copyright or intellectual property releases and may contain copyrighted material or trademarks. These images are only suitable for editorial use. LICENSEE is responsible for seeking legal counsel for use of the Image(s). LICENSEE accepts responsibility for all liabilities that may arise from use of the Image(s).

Extended

(Currently not available on site. Please contact WWW.RAYSTOCKPHOTOS.COM for purchase of Extended license.)

On receiving full payment for specific high resolution Image(s) WWW.RAYSTOCKPHOTOS.COM grants LICENSEE a perpetual, non-exclusive, non-transferable worldwide license to use the Image(s) in the following ways – calendars, mugs, clothing, greeting cards (online or print), print-on-demand items, multiple fine art prints and print runs over 100,000 copies. This list is not exhaustive, see restrictions below or if LICENSEE has any queries contact WWW.RAYSTOCKPHOTOS.COM.

3 Restrictions

The LICENSEE agrees that:
Image(s) will have copyright credited whenever possible – this includes without exception web use, book and editorial. Credit line should be in the following format – “© WWW.RAYSTOCKPHOTOS.COM” and in case of web use should include a link to WWW.RAYSTOCKPHOTOS.COM.
Image(s) may not be used as trademark, service mark or logo unless copyright release is purchased.

Image(s) may not be sub-licensed, assigned, transferred, given away, made available via online or other database. The exception to this is if LICENSEE has licensed the Image(s) for a client (website, advertising, etc). In this case LICENSEE must keep detailed records and make them available to WWW.RAYSTOCKPHOTOS.COM if requested. This is only likely to be required should an IP query arise. LICENSEE may use the licensed Image(s) for one client. Should LICENSEE wish to use the same Image(s) for another client LICENSEE must license it(them) again.

Once LICENSEE has completed payment for the license to use the Image(s), LICENSEE is granted a non-exclusive, non-transferable right to use and reproduce the Image(s) in printed materials or any electronic or digital form. In the latter case, each Image should be incorporated into a design in such a manner to make clear that the Image(s) is(are) not intended to be separately downloaded, copied, or distributed and the Image size in use must be less than 800 pixels on the longest side.

“Non-transferable” means that the work LICENSEE produces using licensed Image(s) must be for LICENSEE’s own use, or if purchased on behalf of LICENSEE’s employer or client, LICENSEE’s employer or client must be the end-user of LICENSEE’s work. LICENSEE may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the Image(s), or the right to use the Image, and nothing LICENSEE produces shall grant or purport to grant to any third party a right to use or duplicate the Image(s). LICENSEE agrees to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image(s).

4. Intellectual Property, Liability and Indemnify Limitation

LICENSEE shall indemnify and defend WWW.RAYSTOCKPHOTOS.COM against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to
(a) a breach of this Agreement,
(b) the use or modification of any Image or combination of any Image with any other material,
(c) LICENSEE’s failure to abide by any restriction regarding the use of an Image, or
(d) any claim by a third party related to the use of the Image, alone or in combination with any other material. WWW.RAYSTOCKPHOTOS.COM warrants ownership of the copyright for the Image.

By using this site LICENSEE understands that LICENSEE takes responsibility and assumes all risk without limitation.

WWW.RAYSTOCKPHOTOS.COM does not bear any responsibility for any shutdown of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not. By using this site LICENSEE agrees to indemnify and hold WWW.RAYSTOCKPHOTOS.COM harmless from and against all claims, losses, damages, liability, costs, expenses incurred.

WWW.RAYSTOCKPHOTOS.COM has done his best to ensure that there are no Intellectual Property infringements within his images available to license and permission from recognizable models has been obtained. It is however the LICENSEE’s, responsibility to ensure that the Image(s) LICENSEE downloads is(are) fit for the purpose to which LICENSEE wishes to use it(them).

5. Applicable Law

This site is owned, managed and controlled by WWW.RAYSTOCKPHOTOS.COM located in China. The site is available worldwide and as each country may have different laws and acts. The LICENSEE agrees that the terms of this License Agreement are governed by Chinese law and also agree that any disputes arising which may be deemed wholly or partially unenforceable and cannot be settled by voluntary negotiation will be dealt with by the judicial process in China.

6. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WWW.RAYSTOCKPHOTOS.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND WWW.RAYSTOCKPHOTOS.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.