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WEBSITE TERMS AND CONDITIONS OF USE


NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND THE SCIENCE PICTURE COMPANY, (hereafter "SPC"”). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement. If you are acting on behalf of a disclosed principal, both you and your client jointly liable for payment of any licensing fees, SPC reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by SPC. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.

GENERAL WEBSITE RESTRICTIONS

NO META SEARCHING OR FRAMING: You may not take the results from a SPC search and reformat and display them, mirror or “frame” the SPC home page or results pages on your Web site. You may not link to any page of the Web site other than the home page located at www.sciencepicturecompany.com. You may not send automated queries of any sort to SPC’S system without express permission in advance from SPC.

PERMITTED IMAGE USAGE

Comp Use: SPC grants Licensee a personal, nontransferable, nonexclusive license to copy the Images selected onto its computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time only in the United States. The Image(s) may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Image(s) may not be used in any final materials distributed internally or to the public. All other rights are reserved to SPC. Licensee must contact SPC info@sciencepicturecompany.com to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice granting usage rights is paid in full. Unless otherwise agreed, use of any Image is granted to the United States only and is limited to one year from date of invoice.

SPC grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the SPC on-line licensing process.

PROHIBITED IMAGE USE

The following uses are prohibited:
  • The use of the Image beyond the terms of this limited license agreement, without first obtaining an additional license, including any electronic reproduction or promotional rights.
  • To create any derivative use of an Image unless indicated on the invoice.
  • To sublicense, re-license, rent or lease any of the Images.
  • To use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
  • To use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
  • To archive, republish or transmit any images on any database or to a network or bulletin board in a downloadable format or enable it to be distributed via mobile telephone devices, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from SPC.
  • To use any Image in an electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
  • To use the Image to promote a business that sells or licenses photographic images, or otherwise competes with SPC in any manner.
  • Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as indicated by SPC: “Science Picture Co”

TERMINATION

SPC reserves the right to automatically terminate the license contained in this agreement without notice if you, or your employer, fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. SPC reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.

DIGITAL FILES

Except as permitted under a license agreement, Licensee must delete any Images downloaded and stored in any electronic and removable media and destroy any other copy of the Images. The copyright symbol, the name of SPC and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.

PAYMENT TERMS

Time is of the essence in the performance by Licensee of its obligations for payments.

Standard Invoice Payment: Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to SPC within ten (10) days after receipt of invoice.

Automated online Transaction: Credit card payments made using automated online terminal on www.sciencepicturecompany.com will be processed within 24 hours. Any claims for adjustment or rejection of terms must be made to SPC within two (2) days of purchase.

CANCELLATION POLICY

Requests for refunds or cancellations of licenses (images and animations) purchased on www.sciencepicturecompany.com must be submitted by email to info@sciencepicturecompany.com within two (2) days of the transaction. Upon contacting www.sciencepicturecompany.com to request a refund you will be required to agree in writing not to use the downloaded image/animation which will terminate your license agreement with SPC. Refunds will only be credited to the credit card used in the original transaction.

LINKS TO THIRD PARTY SITES

The linked sites are not under SPC’s control and it is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SPC is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that SPC provides the links to you only as a convenience and it not endorse the linked sites or their use or contents.

INDEMNITY

Licensee agrees to indemnify and hold SPC, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS

SPC 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 IMAGE, AND THE LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. SPC IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY SPC.

DIGITAL FILES ARE PROVIDED "AS IS." SPC MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. SPC MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SPC, OR THE COPYRIGHT OWNER OF THE IMAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND SPC SHALL BE THE FEE PAID FOR THE IMAGE TO SPC.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling SPC 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 SPC other remedies under this Agreement, SPC reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times SPC normal license fee for use of the Image(s).

MISCELLANEOUS

Jurisdiction:To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of Ireland and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the www.sciencepicturecompany.com Web Site. Use of www.sciencepicturecompany.com is unauthorized in any jurisdiction that does notgive effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SPC as a result of this agreement or use of www.sciencepicturecompany.com. SPC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SPC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.sciencepicturecompany.com Web Site.

No Assignment: This agreement is not assignable or transferable on the part of Licensee

No Waiver: No action of SPC, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of SPC in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between SPC and Licensee and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern