License Information

This page provides information about the types of license rights available for Photos.com products and the license agreements pertaining to those products and rights.

Photos.com Image and Footage Subscription Agreement

The Photos.com subscription agreement allows you to download and use up to one hundred (100) images per week for the duration of your subscription term. Each subscription includes a single user license, which may not be shared. If additional users from your organization require access to the Photos.com subscription, or if you wish to share images you download through your subscription with others in your organization, then you must purchase additional user licenses (also called seat licenses) for each individual with whom you share images or who accesses the Photos.com subscription.

During the term of your subscription, you can use images that you download multiple times for multiple projects. The subscription rights granted to you are non-exclusive and non-transferable and are personal to you. There are additional restrictions on your use of images downloaded through your subscription, which are set out in further detail in the Photos.com Image and Footage Subscription Agreement.

Photos.com Royalty-Free Single Image Extended License Agreement

Royalty-free (RF) single images can be used by up to ten (10) users in your organization multiple times for multiple projects. You can use images for all purposes (other than those restricted uses outlined in the license agreement). The rights granted under the Extended License Agreement are perpetual, non-exclusive and non-transferable. This license does not apply to images obtained through any subscription purchased from Photos.com. The royalty-free single image license is subject to and governed by the Photos.com Royalty-Free Single Image Extended License Agreement.

Photos.com Image Pack License Agreement

Photos.com image packs are sold in quantities of one (1) to up to fifty (50). Under the Photos.com image pack license agreement, you have one year to download the images available through your image pack. Once downloaded, images may be used at any time for multiple projects for all purposes other than those restricted uses outlined in the image pack license agreement. Images licensed through this image pack agreement may only be used by one (1) user and may not be shared with others. Up to 500,000 copies of licensed images may be reproduced. This license does not apply to images obtained through any subscription purchased from Photos.com. The image pack license is subject to and governed by the Photos.com Image Pack License Agreement.

Photos.com Comping File Preview License Agreement

Photos.com allows you to use images for comps and layouts for a period of thirty (30) days. Comping files may be used to evaluate a particular image or to create materials for proofing presentations to clients. Comping files are not licensed for use in final projects, whether for internal or external use. The comping file license is subject to and governed by the Photos.com Comping File Preview License Agreement.

Photos.com Image and Video Subscription Agreement

Last Updated February 2013

THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN LICENSEE, PURCHASER (IF ANY) AND AN AFFILIATE OF GETTY IMAGES, INC. THE AFFILIATE OF GETTY IMAGES, AS IDENTIFIED IN SECTION 10.9 BELOW WILL BE THE PARTY ENTERING INTO THIS AGREEMENT ("PHOTOS.COM") WITH LICENSEE. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL. BY ORDERING A LICENSE, LICENSEE AND, IF APPLICABLE, PURCHASER, IS CONFIRMING THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.

1. Definitions. In this Agreement the following definitions apply:

1.1 "Invoice" means the computer-generated or pre-printed standard form invoice provided by Photos.com that shall include, without limitation, the Photos.com licensing company, the Licensed Material selected and the corresponding price for the license of such Licensed Material ("License Fee"). The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.

1.2 "Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any copies thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Photos.com under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.

1.3 "Licensee" means the entity purchasing a license hereunder or, if there is a separate Purchaser, the entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.

1.4 "Licensee Work" means an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.

1.5 "Purchaser" means the entity purchasing the license hereunder on behalf of a third-party Licensee.

1.6 "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.

1.7 "User" means any employee or subcontractor of Licensee who: (i) downloads, manipulates, edits, modifies or saves the digital file containing the Licensed Material; (ii) is otherwise directly involved in the creative process utilizing the Licensed Material; or (iii) incorporates the Licensed Material within any derivative work.

2. Grant of Rights. Subject to the terms of this Agreement:

2.1 \ Photos.com grants to Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide right to access the Photos.com subscription and Reproduce the Licensed Material made available to Licensee through the subscription an unlimited number of times during the term of the Photos.com subscription purchased as identified in the Invoice ("Term") in any and all media for all purposes other than those uses prohibited under Section 3 of this Agreement.

2.2 LICENSEE IS GRANTED A ONE (1) PERSON SEAT LICENSE FOR USE OF THE LICENSED MATERIAL FOR EACH USER SEAT PURCHASED. THIS IS NOT A SIMULTANEOUS USE LICENSE. ONLY ONE (1) USER MAY ACCESS THE PHOTOS.COM SUBSCRIPTION OR USE LICENSED MATERIAL, AS APPLICABLE. EACH USER SHALL BE REQUIRED TO HAVE A SEAT LICENSE. SEAT LICENSES SHALL BE REQUIRED FOR ANY ADDITIONAL "USER(S)". A User may not download Licensed Material and share such Licensed Material with a non-User or act as a designated downloader who shares Licensed Material with non-Users. Licensee must purchase additional seat licenses if there are more than one (1) User before such additional use begins.

2.3 Following expiration of the Term, Licensee may continue to use any Licensed Material incorporated into a Licensee Work during the Term in the same Licensee Work in accordance with the terms of this Agreement. If the individual entering into this Agreement is an agent entering into this Agreement, accessing the subscription and using the Licensed Material on behalf of a single client, this continued use may be exercised by the client and such individual solely to the extent the individual who entered into this Agreement is doing work authorized by and on behalf of that client.

2.4 Licensee may have the Licensed Material Reproduced by subcontractors of Licensee (including Purchaser) for preparation of the Licensee Work, provided that such subcontractors agree to abide by the provisions of this Agreement.

2.5 Licensee may store the Licensed Material in a digital library, network configuration or similar arrangement to allow the Licensed Material to be viewed by employees, partners and clients of Licensee, so long as there is no more than one (1) User.

3. Restrictions.

3.1 Licensee may not share or disclose any password to any other user or third party other than as specifically provided for herein and Licensee agrees to hold all passwords for any subscription in the strictest of confidence. If Licensee breaches any provision of this section, Photos.com shall be entitled to (i) terminate this Agreement immediately, (ii) retain all payments paid pursuant to this Agreement and, (iii) seek any legal or equitable remedies.

3.2 Licensee may not download more than the permitted number of downloads of Licensed Material authorized under the subscription plan purchased by Licensee. Licensee shall not stockpile, download, or otherwise store Licensed Material not used during the Term for future use. Photos.com may (a) monitor, as frequently as Photos.com determines, anything Licensee downloads from the Photos.com Web site, (b) track any abuse of Licensee's username(s) and password(s), (c) suspend or terminate Licensee's Photos.com subscription, without notice, if Photos.com believes to be there is a violation of this Agreement and/or any abuse or sharing of Licensee's username and password.

3.3 Licensee may not: (i) make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorized Users; or (ii) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file.

3.4 Licensee may not, without obtaining the prior written consent of Photos.com and the payment of additional License Fees: (i) use the Licensed Material in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit: (ii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; (iii) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items; (iv) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Licensed Material or the rights granted under this Agreement; (v) reproduce the Licensed Material, or an element of the Licensed Material, in excess of 500,000 times without purchasing an extended license from Photos.com; (vi) display the Licensed Material in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work; (vii) use or display the Licensed Material in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

3.5 \ To the extent that source code is contained within the Licensed Material, Licensee may not reverse engineer, decompile, or disassemble any part of such source code.

3.6 Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material, nor may it make the Licensed Material available in the form of fine art prints.

3.7 \ Licensed Material shall not be incorporated into a logo, corporate ID, trademark or service mark, without obtaining the prior written consent of Photos.com.

3.8 \ If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model.

3.9 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter. Licensee shall also comply with any applicable regulations and/or industry codes.

3.10 While efforts have been made to correctly caption the subject matter of, and to provide other information (including metadata) related to, the Licensed Material, Photos.com does not warrant the accuracy of such information.

3.11 Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee subsequently disputes such power or authority, Purchaser shall be liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 3.11 shall excuse Purchaser's obligation to make payment to Photos.com of the License Fee.

3.12 If the Licensed Material is Reproduced on a website, Licensee shall post terms and conditions on the website that include restrictions on downloading the Licensed Material for purposes other than personal use, and prohibit republication, retransmission, reproduction or other use of the Licensed Material.

3.13 If the Licensed Material is Reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement, and (ii) in such event, upon Getty Images’ request, Licensee shall remove any Licensed Material from such platform or website.

4. Credit and Intellectual Property.

4.1 Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Photos.com grants Licensee no right or license, express or implied, to the Licensed Material.

4.2 Trademarks. In connection with the use of "Photos.com" or any other of Photos.com's or its partners' trade names, trademarks, logos or service marks, including the names of all Licensed Material collections ("Marks"), Licensee acknowledges and agrees that (i) such Marks are and shall remain the sole property of Photos.com or its partners; (ii) except as expressly required in order to satisfy the credit obligations under this Agreement, nothing shall confer upon Licensee any right of use in or to the Marks; and (iii) Licensee shall not now or in the future contest the validity of Photos.com's Marks.

4.3 Photo Credit. All Licensed Material used in an editorial context, must include the following credit line adjacent to the Licensed Material: "[Photographer's Name]/[Collection Name]/Photos.com" or as otherwise shown on the Photos.com website. If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the License Fee may be payable by Licensee, at Photos.com's sole discretion. The foregoing fee shall be in addition to any other rights or remedies that Photos.com may have at law or in equity.

4.4 Audio/Visual Production Credit. If Licensed Material is used in an audio/visual production in either an editorial context or a non-editorial context but where credits are accorded to other providers of licensed material, credit shall be accorded, where technically feasible, in equal size and comparable placement to such other credit(s), substantially in the following form: "[Video] [Imagery] supplied by [Collection Name]/Photos.com".

4.5 Notice of Violations. Licensee will immediately notify Photos.com if it becomes aware or suspects that any third party that has gained access to the Licensed Material through Licensee is wrongfully using the Licensed Material, in whole or in part, or is violating any of Photos.com's intellectual property rights, including, but not limited to, Marks and copyrights.

4.6 No Removal of Notices. Licensee shall not remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Licensed Material.

5. Warranty and Limitation of Liability.

6. Indemnification. Licensee shall defend, indemnify and hold harmless Photos.com and its parent, subsidiaries , commonly owned or controlled affiliates, content providers and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorneys' fees), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement or any other actual or alleged breach by Licensee of this Agreement.

7. Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to Section 5.1(i) above, Photos.com shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.

8. Electronic Invoicing; Interest on Overdue Invoices. Licensee and Purchaser agree to receive invoices from Photos.com electronically via the email address associated with Licensee’s and/or Purchaser’s Photos.com account. If Licensee fails to pay the Invoice in full within the time specified in the Invoice, Photos.com may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.

9. Unauthorized Use and Termination. Any use of Licensed Material in a manner not expressly authorized by this Agreement (including, without limitation, access to the Photos.com subscription and use of Licensed Material by more than one (1) User without purchase of additional seat licenses) constitutes copyright infringement, entitling Photos.com 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 Photos.com's other remedies under this Agreement, Photos.com reserves the right to charge and Licensee agrees to pay a fee equal to greater of five (5) times Photos.com's standard license or seat fee for the unauthorized use of the Licensed Material. Photos.com may charge Licensee and Licensee agrees to pay the single-image list price for each Licensed Material on Photos.com that Licensee obtains through unauthorized or abusive use of its Photos.com subscription, including, without limitation, Licensed Material obtained through unauthorized sharing of usernames and passwords, unauthorized sharing of Licensed Material or failure to obtain the necessary number of seat licenses. Photos.com reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use from Photos.com relating to the Licensed Material; (ii) fails to pay the License Fee in full within the time specified in the Invoice; or (iii) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (I) stop using the Licensed Material; and (II) destroy or, upon the request of Photos.com, return to Photos.com the Licensed Material and, in the case of termination by Photos.com for cause, the Licensee Work in the possession or control of Licensee.

10. \ Miscellaneous Terms.

10.1 Audit/Certificate of Compliance. Upon reasonable notice, Licensee shall provide sample copies of Reproductions containing Licensed Material to Photos.com. In addition, upon reasonable notice, Photos.com may, at its discretion, either through its own employees or through a third party, audit Licensee's records directly related to this Agreement and use of Licensed Material in order to verify compliance with the terms of this Agreement. If any such audit reveals an underpayment by Licensee to Photos.com of five percent (5%) or more of the amount Licensee should have paid for the time period that is the subject of the audit, in addition to paying Photos.com the amount of such underpayment, Licensee shall also reimburse Photos.com for the costs of conducting such audit. Where Photos.com reasonably believes that Licensed Material is being used by more than the authorized number of Users, or that Licensed Material is being used outside of the scope of the license granted under this Agreement, Licensee shall, at Photos.com's request, provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by Photos.com.

10.2 Electronic Storage. For all Licensed Material that is delivered to Licensee in electronic form, Licensee must retain the copyright symbol, the name of Photos.com, the Licensed Material's identification number and any other information as may be embedded in the electronic file containing the original Licensed Material. Licensee shall maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material.

10.3 Withdrawal. Upon notice from Photos.com, or upon Licensee's knowledge that any Licensed Material may be subject to a claim of infringement of another's right for which Photos.com may be liable, Photos.com may require Licensee to immediately and at its own expense (i) stop using the Licensed Material; (ii) delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical); and (iii) ensure that its clients do likewise. Photos.com shall provide Licensee with comparable Licensed Material (which comparability will be determined by Photos.com in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

10.4 Governing Law. This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be finally settled by binding arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of the American Arbitration Association ("AAA") or of the International Chamber of Commerce ("ICC") (the applicable rules to be at Licensee’s discretion) to be held in one of the following jurisdictions (whichever is closest to Licensee): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Photos.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Photos.com, such action is necessary or desirable.

10.5 Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

10.6 Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

10.7 Entire Agreement. This Agreement is intended for business customers of Photos.com and contains all the terms of the license agreement. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by Photos.com and accepted in writing by an authorized representative of Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.

10.8 Taxes. All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).

10.9 Licensing Company. The licensing entity under this Agreement shall be determined by the billing address of the Licensee or, if any, Purchaser, as follows:

LICENSEE/PURCHASER LOCATION: GETTY IMAGES LICENSOR (LOCATION)
United States: Getty Images (US), Inc. (United States)
Spain: Getty Images Sales Spain SL (Spain)
Portugal: Getty Images Sales Portugal, Unipessoal, Lda. (Portugal)
Australia: Getty Images Sales Australia Pty Limited (Australia)
New Zealand: Getty Images Sales New Zealand Limited (New Zealand)
Malaysia: Getty Images Malaysia Sdn Bhd (formerly VPA Photolibrary.com Sdn Bhd) (Malaysia)
Thailand: Getty Images (Thailand), Co. Ltd (Thailand)
Philippines: Getty Images Pte Limited, Philippines branch (Philippines)
Hong Kong: Getty Images Sales Hong Kong Limited (Hong Kong)
Singapore: Getty Images Sales Singapore Pte Limited (Singapore)
India: Getty Images Media India Pvt Limited (India)
Japan: Getty Images Sales Japan GK (Japan)
United Arab Emirates, Bahrain, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Yemen: Getty Images Middle East FZ LLC (UAE)
Turkey: Getty Images Turkey Medya Hizmetleri Ltd Sti (Turkey)
All other countries: Getty Images International (Ireland)

Photos.com Royalty-Free Single Image Extended License Agreement

Last Updated February 2013

THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN LICENSEE, PURCHASER (IF ANY) AND A SUBSIDIARY OF GETTY IMAGES, INC., AS IDENTIFIED IN SECTION 10.9 BELOW ("PHOTOS.COM"). THIS AGREEMENT APPLIES TO SINGLE IMAGE LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL. THIS AGREEMENT DOES NOT APPLY TO IMAGES OBTAINED THROUGH ANY SUBSCRIPTION PURCHASED FROM PHOTOS.COM. BY ORDERING A LICENSE, LICENSEE AND, IF APPLICABLE, PURCHASER, IS CONFIRMING THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.

1. Definitions. In this Agreement the following definitions apply:

1.5 "Purchaser" means the entity purchasing the license hereunder on behalf of a third-party Licensee.

1.6 \ "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.

2. Grant of Rights. Subject to the terms of this Agreement:

2.1 \ Photos.com grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited under Section 3 of this Agreement.

2.2 \ Licensee may have the Licensed Material Reproduced by subcontractors of Licensee (including Purchaser) for preparation of the Licensee Work, provided that such subcontractors agree to abide by the provisions of this Agreement.

2.3 \ Licensee may store the Licensed Material in a digital library, network configuration or similar arrangement to allow the Licensed Material to be viewed by employees, partners and clients of Licensee, so long as there are no more than ten (10) Users. Licensee must purchase additional seat licenses if there are more than ten (10) Users before such additional use begins.

3. Restrictions.

3.1 \ Licensee may not: (i) make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorized Users; or (ii) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file.

3.2 Licensee may not, without obtaining the prior written consent of Photos.com and the payment of additional License Fees: (i) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (ii) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.

3.3 \ Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material, nor may it make the Licensed Material available in the form of fine art prints.

3.4 Licensed Material shall not be incorporated into a logo, corporate ID, trademark or service mark, without obtaining the prior written consent of Photos.com.

3.5 If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model.

3.6 \ Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter. Licensee shall also comply with any applicable regulations and/or industry codes.

3.7 While efforts have been made to correctly caption the subject matter of, and to provide other information (including metadata) related to, the Licensed Material, Photos.com does not warrant the accuracy of such information.

3.8 Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee subsequently disputes such power or authority, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 3.8 shall serve to excuse Purchaser's obligation to make payment to Photos.com of the License Fee.

3.9 If the Licensed Material is Reproduced on a website, Licensee shall post terms and conditions on the website that include restrictions on downloading the Licensed Material for other than personal use, and prohibit republication, retransmission, reproduction or other use of the Licensed Material.

3.10 If the Licensed Material is Reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement, and (ii) in such event, upon Getty Images’ request, Licensee shall remove any Licensed Material from such platform or website.

4. Credit and Intellectual Property.

4.2 Trademarks. In connection with the use of "Photos.com" or any other of Photos.com's or its partners' trade names, trademarks, logos or service marks, including the names of all Licensed Material collections ("Marks"), Licensee acknowledges and agrees that (i) such Marks are and shall remain the sole property of Photos.com or its partners; (ii) except as expressly required in order to satisfy credit obligations under this Agreement, nothing shall confer upon Licensee any right of use in or to the Marks; and (iii) Licensee shall not now or in the future contest the validity of Photos.com's Marks.

4.3 \ Photo Credit. All Licensed Material used in an editorial context, must include the following credit line adjacent to the Licensed Material: "[Photographer's Name]/[Collection Name]/Photos.com" or as otherwise shown on the Photos.com website. If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the License Fee may be payable by Licensee, at Photos.com's sole discretion. The foregoing fee shall be in addition to any other rights or remedies that Photos.com may have at law or in equity.

4.4 Audio/Visual Production Credit. If Licensed Material is used in an audio/visual production in either an editorial context or a non-editorial context but where credits are accorded to other providers of licensed material, credit shall be accorded, where technically feasible, in equal size and comparable placement to such other credit(s), substantially in the form "[Video] [Imagery] supplied by [Collection Name]/Photos.com".

5. Warranty and Limitation of Liability.

5.1 Photos.com warrants that: (i) the Licensed Material will be free from defects in material and workmanship for thirty (30) days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); (ii) it has all necessary rights and authority to enter into and perform this Agreement; (iii) Licensee's use of the Licensed Material in accordance with this Agreement and in the form delivered by Photos.com will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and (iv) all necessary model and/or property releases for use of the Licensed Material authorized under this Agreement have been obtained. Licensee shall be responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreement(s) (such as Screen Actors Guild in the US) as a result of Licensee's use of the Licensed Material.

5.2 PHOTOS.COM DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PHOTOS.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF PHOTOS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF LICENSEE OR PURCHASER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. WITHOUT LIMITING ANY OTHER TERM HEREIN, PHOTOS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE LICENSED MATERIAL BY LICENSEE OR THE CONTEXT IN WHICH LICENSED MATERIAL IS USED IN A LICENSEE WORK.

6. Indemnification.

6.1 Provided Licensed Material is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement and as Licensee's sole and exclusive remedy for any breach of the representations and warranties set forth in Section 5.1(ii)-(iv) above, Photos.com shall, subject to the terms of Section 5.2 above and Section 6.3 below, defend, indemnify and hold harmless Licensee and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorney fees), arising out of or connected with any actual lawsuit or legal proceeding alleging that Photos.com is in breach of its warranties set forth in Section 5.1(ii)-(iv) above. The foregoing states Photos.com's entire indemnification obligation under this Agreement.

6.2 Licensee shall, subject to the terms of Section 6.3 below, defend, indemnify and hold harmless Photos.com and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorneys' fees), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement or any other actual or alleged breach by Licensee of this Agreement.

6.3 The party seeking indemnification pursuant to this Section 6 shall promptly notify the other party of such claim. At indemnifying party's option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense of any such claim or litigation as may be reasonably requested by indemnifying party. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. Indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought and Photos.com shall not be liable for any losses arising from Licensee's failure to discontinue use pursuant to Section 10.3 below.

8. Interest on Overdue Invoices. If Licensee fails to pay the Invoice in full within the time specified in the Invoice, Photos.com may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.

9. Unauthorized Use and Termination. Any use of Licensed Material in a manner not expressly authorized by this Agreement (including, without limitation, use of Licensed Material by more than ten (10) Users without purchase of additional seat licenses) constitutes copyright infringement, entitling Photos.com 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 Photos.com's other remedies under this Agreement, Photos.com reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times Photos.com's standard license fee for the unauthorized use of the Licensed Material. Photos.com reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use from Photos.com relating to the Licensed Material; (ii) fails to pay the License Fee in full within the time specified in the Invoice; or (iii) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (I) stop using the Licensed Material; and (II) destroy or, upon the request of Photos.com, return to Photos.com the Licensed Material and, in the case of termination by Photos.com for cause, the Licensee Work in the possession or control of Licensee.

10. Miscellaneous Terms.

10.2 Electronic Storage. For all Licensed Material that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of Photos.com, the Licensed Material's identification number and any other information as may be embedded in the electronic file containing the original Licensed Material. Licensee shall maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material.

10.3 Withdrawal. Upon notice from Photos.com, or upon Licensee's knowledge that any Licensed Material is subject to a threatened, potential or actual claim of infringement of another's right for which Photos.com may be liable, Licensee must immediately and at its own expense (i) stop using the Licensed Material; (ii) delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical); and (iii) ensure that its clients do likewise. Photos.com shall provide Licensee with comparable Licensed Material (which comparability will be determined by Photos.com in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

10.4 Governing Law. This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be finally settled by binding arbitration under the Commercial Rules of the American Arbitration Association ("AAA") or of the International Chamber of Commerce ("ICC") to be held in one of the following jurisdictions (whichever is closest to Licensee): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Photos.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Photos.com, such action is necessary or desirable.

10.7 Entire Agreement. This Agreement is intended for business customers of Photos.com and contains all the terms of the license agreement. No terms or conditions may be added or deleted unless made in writing and either signed by an authorized representative of both parties or issued electronically by Photos.com and signed by an authorized representative of Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.

10.8 Taxes. All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).

10.9 Licensing Company. The licensing entity under this Agreement shall be determined by the billing address of the Licensee or, if any, Purchaser, as follows:

LICENSEE/PURCHASER LOCATION: GETTY IMAGES LICENSOR (LOCATION)
United States: Getty Images (US), Inc. (United States)
Spain: Getty Images Sales Spain SL (Spain)
Portugal: Getty Images Sales Portugal, Unipessoal, Lda. (Portugal)
Australia: Getty Images Sales Australia Pty Limited (Australia)
New Zealand: Getty Images Sales New Zealand Limited (New Zealand)
Malaysia: Getty Images Malaysia Sdn Bhd (formerly VPA Photolibrary.com Sdn Bhd) (Malaysia)
Thailand: Getty Images (Thailand), Co. Ltd (Thailand)
Philippines: Getty Images Pte Limited, Philippines branch (Philippines)
Hong Kong: Getty Images Sales Hong Kong Limited (Hong Kong)
Singapore: Getty Images Sales Singapore Pte Limited (Singapore)
India: Getty Images Media India Pvt Limited (India)
Japan: Getty Images Sales Japan GK (Japan)
United Arab Emirates, Bahrain, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Yemen: Getty Images Middle East FZ LLC (UAE)
Turkey: Getty Images Turkey Medya Hizmetleri Ltd Sti (Turkey)
All other countries: Getty Images International (Ireland)

Photos.com Image Pack License Agreement

Last Updated February 2013

THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN LICENSEE, PURCHASER (IF ANY) AND AN AFFILIATE OF GETTY IMAGES, INC. THE AFFILIATE OF GETTY IMAGES, AS IDENTIFIED IN SECTION 10.9 BELOW WILL BE THE PARTY ENTERING INTO THIS AGREEMENT ("PHOTOS.COM") WITH LICENSEE. THIS AGREEMENT APPLIES TO SINGLE IMAGE LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL. THIS AGREEMENT DOES NOT APPLY TO IMAGES OBTAINED THROUGH ANY SUBSCRIPTION PURCHASED FROM PHOTOS.COM. BY ORDERING A LICENSE, LICENSEE AND, IF APPLICABLE, PURCHASER, IS CONFIRMING THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.

1. Definitions. In this Agreement the following definitions apply:

1.5 "Purchaser" means the entity purchasing the license hereunder on behalf of a third-party Licensee.

2. Grant of Rights. Subject to the terms of this Agreement:

2.1 Photos.com grants to Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited under Section 3 of this Agreement, All Licensed Material licensed through an image pack must be downloaded within one year of the date of purchase, but may be used at any time.

2.2 Licensee may have the Licensed Material Reproduced by subcontractors of Licensee (including Purchaser) for preparation of the Licensee Work, provided that such subcontractors agree to abide by the provisions of this Agreement.

2.3 Licensee may not store the Licensed Material in a digital library, network configuration or similar arrangement. Licensee must purchase additional seat licenses if there is more than one (1) User before such additional use begins.

3. Restrictions.

3.1 \ Licensee may not: (i) make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than the authorized User; or (ii) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file.

3.2 Licensee may not, without obtaining the prior written consent of Photos.com and the payment of additional License Fees: (i) use the Licensed Material in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit; (ii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; (iii) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items; (iv) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Licensed Material or the rights granted under this Agreement; (v) Reproduce a single item of Licensed Material or an element of such Licensed Material, in excess of 500,000 times per use of Licensed Material; (vi) display the Licensed Material in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work; (vii) use or display the Licensed Material in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

3.4 Licensed Material shall not be incorporated into a logo, corporate ID, trademark or service mark, without obtaining the prior written consent of Photos.com.

3.6 \ Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter. Licensee shall also comply with any applicable regulations and/or industry codes.

3.8 Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee subsequently disputes such power or authority, Purchaser shall be liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 3.8 shall excuse Purchaser's obligation to make payment to Photos.com of the License Fee.

3.9 If the Licensed Material is Reproduced on a website, Licensee shall post terms and conditions on the website that include restrictions on downloading the Licensed Material for purposes other than personal use, and prohibit republication, retransmission, reproduction or other use of the Licensed Material.

4. Credit and Intellectual Property.

5. Warranty and Limitation of Liability.

6. Indemnification.Licensee shall defend, indemnify and hold harmless Photos.com and its parent, subsidiaries , commonly owned or controlled affiliates, content providers and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorneys' fees), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement or any other actual or alleged breach by Licensee of this Agreement.

8. Electronic Invoicing; Interest on Overdue Invoices. Licensee and Purchase agree to receive invoices from Photos.com electronically via the email address associated with Licensee’s and/or Purchaser’s Photos.com account. If Licensee fails to pay the Invoice in full within the time specified in the Invoice, Photos.com may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.

9. Unauthorized Use and Termination. Any use of Licensed Material in a manner not expressly authorized by this Agreement (including, without limitation, use of Licensed Material by more than a single User without purchase of additional seat licenses) constitutes copyright infringement, entitling Photos.com 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 Photos.com's other remedies under this Agreement, Photos.com reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times Photos.com's standard license fee for the unauthorized use of the Licensed Material. Photos.com reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use from Photos.com relating to the Licensed Material; (ii) fails to pay the License Fee in full within the time specified in the Invoice; or (iii) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (I) stop using the Licensed Material; and (II) destroy or, upon the request of Photos.com, return to Photos.com the Licensed Material and, in the case of termination by Photos.com for cause, the Licensee Work in the possession or control of Licensee.

10. Miscellaneous Terms.

10.1 Audit/Certificate of Compliance.Upon reasonable notice, Licensee shall provide sample copies of Reproductions containing Licensed Material to Photos.com. In addition, upon reasonable notice, Photos.com may, at its discretion, either through its own employees or through a third party, audit Licensee's records directly related to this Agreement and use of Licensed Material in order to verify compliance with the terms of this Agreement. If any such audit reveals an underpayment by Licensee to Photos.com of five percent (5%) or more of the amount Licensee should have paid for the time period that is the subject of the audit, in addition to paying Photos.com the amount of such underpayment, Licensee shall also reimburse Photos.com for the costs of conducting such audit. Where Photos.com reasonably believes that Licensed Material is being used by more than a single User, or that Licensed Material is being used outside of the scope of the license granted under this Agreement, Licensee shall, at Photos.com's request, provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by Photos.com.

10.7 Entire Agreement.This Agreement is intended for business customers of Photos.com and contains all the terms of the license agreement. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by Photos.com and accepted in writing by an authorized representative of Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.

10.8 Taxes. All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).

10.9 Licensing Company. The licensing entity under this Agreement shall be determined by the billing address of the Licensee or, if any, Purchaser, as follows:

LICENSEE/PURCHASER LOCATION: GETTY IMAGES LICENSOR (LOCATION)
United States: Getty Images (US), Inc. (United States)
Spain: Getty Images Sales Spain SL (Spain)
Portugal: Getty Images Sales Portugal, Unipessoal, Lda. (Portugal)
Australia: Getty Images Sales Australia Pty Limited (Australia)
New Zealand: Getty Images Sales New Zealand Limited (New Zealand)
Malaysia: Getty Images Malaysia Sdn Bhd (formerly VPA Photolibrary.com Sdn Bhd) (Malaysia)
Thailand: Getty Images (Thailand), Co. Ltd (Thailand)
Philippines: Getty Images Pte Limited, Philippines branch (Philippines)
Hong Kong: Getty Images Sales Hong Kong Limited (Hong Kong)
Singapore: Getty Images Sales Singapore Pte Limited (Singapore)
India: Getty Images Media India Pvt Limited (India)
Japan: Getty Images Sales Japan GK (Japan)
United Arab Emirates, Bahrain, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Yemen: Getty Images Middle East FZ LLC (UAE)
Turkey: Getty Images Turkey Medya Hizmetleri Ltd Sti (Turkey)
All other countries: Getty Images International (Ireland)

Photos.com Comping File Preview License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND A SUBSIDIARY OF GETTY IMAGES, INC. ("PHOTOS.COM"). THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (THE "AGREEMENT").

1. Grant of License. Photos.com grants to you, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use the image preview file you have selected and any derivatives or copies (collectively, the "Licensed Material"), on your personal computer. The Licensed Material may only be used in materials for personal, noncommercial use and test or sample use, including comps and layouts.

2. Restrictions.

2.1 The Licensed Material may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including, but not limited to, advertising and marketing materials or in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Licensed Material.

2.2 One copy of the Licensed Material may be made for backup purposes only but may only be used if the original Licensed Material becomes defective, destroyed or otherwise irretrievably lost. Except as specifically provided in this Agreement, the Licensed Material may not be shared or copied, for example, by including it in a disc library, image storage jukebox, network configuration or other similar arrangement. Use which would be defamatory, pornographic or otherwise unlawful is prohibited. If Licensed Material featuring a person is used (i) in a manner that implies endorsement, use of or a connection to a product or service by that model; or (ii) in connection with a potentially unflattering or controversial subject, you must print a statement that indicates that the person is a model and is used for illustrative purposes only.

3. Additional Rights Available. If you are unsure of your usage rights under this Agreement or wish to use the Licensed Material in a manner not permitted by this Agreement (for example: online or as part of an advertisement or product), please purchase a subscription or license through the Photos.com website.

4. Warranty. Photos.com warrants the digital copy of the Licensed Material in the form downloaded by you to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Licensed Material. PHOTOS.COM MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states or jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state and jurisdiction to jurisdiction. NEITHER PHOTOS.COM NOR ANY OF ITS IMAGE PARTNERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

5. General. All rights to the Licensed Material are owned by Photos.com and/or its image partners and are protected by United States copyright laws, international treaty provisions and other applicable laws. Photos.com and its content providers retain all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from Photos.com upon expiration of the 30-day comp license period or, if sooner, upon you failing to comply with any provision of this Agreement. Upon termination, you must immediately stop using the Licensed Material and either destroy any digital Licensed Material or return the Licensed Material and all copies to Photos.com.

License Information

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Photos.com Royalty-Free Single Image Extended License Agreement

Photos.com Image Pack License Agreement

Photos.com Comping File Preview License Agreement

Photos.com Image and Video Subscription Agreement

Photos.com Royalty-Free Single Image Extended License Agreement

Photos.com Image Pack License Agreement

Photos.com Comping File Preview License Agreement

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