+ End User Agreement - For Customers

For the purpose of this Agreement "images" or "image" is defined as images, photos, illustrations, stills, animations and the like owned by koolstockphoto.com and/or its suppliers and have been made available for download on this website.

1. This End User License Agreement (this "Agreement") is a legal agreement between you and KoolStockPhoto.com. By downloading an image from our website you agree to be bound by all the terms and conditions of this Agreement.

2. Use of Images. By this Agreement, KoolStockPhoto.com licenses to you the non-exclusive, non-transferable right to use the images as detailed below for you or your direct clients or customers, who must be the end-user. The license is limited to one usage per download.
Examples:
a) You used an image in a website template design and in a brochure design then the images is been used in two product. Thus, you should purchase the image twice. Using an image in multiple designs without purchasing the license is a violation of this Agreement.
b) You used an image in two various website design templates and again you must purchase the image twice.

3. Permitted Uses.
You "may" uses images in:
a) Any print media, including magazines and newspapers.
b) Any marketing, advertising or promotional materials, including brochures, flyers, mailers, invitations, handouts, and packaging.
c) Banners, headers or a website design.
d) Any business entity, including power point presentation, newsletter, letter head or business cards but NOT in connection with any logo or part of any trademark.
e) A design element on a film, video, video game, or CD-ROM Website templates [New]
f) PowerPoint/Presentation templates [New]

As detailed in section 2 that if you work on several products, you must purchase image for each new usage according to this Agreement.

4. Prohibited Uses.
You "may not":
a) Sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide to others any portion of the images.
b) Use any image in commercial products where the images make up a significant part of the resale value of the product (i.e. postcards, posters, calendars, screensavers, software, etc.).
c) Use any image in any form of pornography, or in any other manner that is in any way embarrassing to or defamatory of any person or entity or otherwise unlawful.
d) Make any image accessible for download beyond the scope of the license rights provided by this Agreement or pace the images online in a downloadable FTP format.

5. Reservation of rights. All images are copyrighted and it remains with the image suppliers. suppliers retain all right not expressly granted under this Agreement. You may legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

6. Model/Property Release. The suppliers require to submit a written Model or Property Release for each image where it is necessary (Ex. Images with clearly identifiable people on it).  However, KoolStockPhoto.com does not claim or make warranties whatsoever as to the validity of any releases associated with an image and the existence of such release should be verified by you without any involvement of KoolStockPhoto.com and you agree that you are using such an image at your own risk.

7. Payment Terms. You agree to pay to KoolStockPhoto.com the license fee in respect of the image used by you under the terms of this Agreement and no rights are granted until all fees are paid in full.

8. Termination of License Grant. The License Grant and your right to use the images shall automatically terminate, without prior notice or refund of any moneys paid, if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the images or, at KoolStockPhoto.com request, return them to KoolStockPhoto.com.

9. Discontinuance. KoolStockPhoto.com 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 a License for a particular image, you, your employer and your client, if applicable, agree not to use the image in the future. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

10. Indemnity. You agree to defend and indemnify KoolStockPhoto.com, its directors, employees, suppliers and anyone who is associated with KoolStockPhoto.com against all claims, liabilities, costs, damages, losses and expenses, including legal fees, arising out of or related with any breach of this Agreement.

11. Warranty and Liability. The Koolstockphoto.com and the images are available to you "AS IS", "AS AVAILABLE", and "WITH ALL FAULS". KoolStockPhoto.com, its employees, directors, and anyone else associated with KoolStockPhoto.com make no representation or warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose or non-infringement. KoolstockPhoto.com further makes no guarantee or warrant that your use of KoolStockPhoto.com will be uninterrupted, error free of computer viruses or other damaging materials. When you access KoolStockPhoto.com and login to your account, you do so at your own risk.

12. Age of Majority. You represent and warrant and that you are at least 18 years of age and have the right to enter into this Agreement. You further agree that you will not use the images in any way that is not permitted by this Agreement or in violation of this Agreement. Your use of the images will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to KoolStockPhoto.com is accurate and true, including without limitation all credit card information.

13. RKoolStockPhoto.com may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website.

14. You agree and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.

For the purpose of this Agreement “images” or “image” is defined as images, photos, illustrations, stills, animations and the like.

1. This is a legal Agreement between KoolStockPhoto.com and any member intending to upload images onto the KoolStockPhoto.com website (“the Supplier”). By uploading the images, you agree to be bound by the terms of this Agreement.

2. The Supplier shall act as an independent contractor and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

3. The Supplier here by grants KoolStockPhoto.com a non-exclusive license to display the uploaded images on the website (www.koolstockphoto.com) and further grants KoolStockPhoto.com the right to grant sub-licenses, advertise, market, and distribute the images in accordance with the terms of the End User License Agreement, a copy of which the Supplier acknowledges having reviewed and agreed to.

4. The Supplier warrants that he or she owns all proprietary rights, including copyright to the image. To the extent that the image depicting identifiable persons, the Supplier warrants that he or she has obtained a complete and accurate model release from those parties, which release you should upload along with the image.

5. No title, copyright or intellectual property rights is transferred or granted in any way to KoolStockPhoto.com or any third party. The Parties agree that all rights in and to the images shall be retained by the Supplier - KoolStockPhoto.com simply providing a platform to market and sell them for you.

6. The Supplier acknowledges that the intention of the End User License Agreement is that users are to comply with its terms and conditions; however, KoolStockPhoto.com is not responsible for ensuring the compliance of the End User License Agreement by any user.

7. The Supplier acknowledge that KoolStockPhoto.com does not allow the upload of images that infringe on any copyright, property right, trademark, trade secret, patents or any other applicable right.

8. KoolStockPhoto.com reserve the right to remove any approved image at any time if there is no or only a limited interest to download the image by KoolStockPhoto.com members and/or customers.

9. The Supplier acknowledges that KoolStockPhoto.com reserves the right to refuse to accept any images for any reason.

10. KoolStockPhoto.com shall not be liable for any damages arising from the submission or use of your images.

11. The Supplier is responsible for any challenges from any third party regarding copyrights in and to the image.

12. You, the Supplier, agree to defend and indemnify KoolStockPhoto.com, its directors, employees, suppliers and anyone who is associated with KoolStockPhoto.com against all claims, liabilities, costs, damages, losses and expenses, including legal fees, arising out of or related with any breach of this Agreement.

13. KoolStockPhoto.com pays its supplier 40% of the sale price whenever an image uploaded by the Supplier is downloaded. The supplier account is updated in real time for every time an image uploaded by the Supplier is downloaded, but the payment will be process once the supplier account balance exceeds $50. KoolStockPhoto.com shall process all qualified payments by the 15th of every month via PayPal. The Parties agree that KoolStockPhoto.com may amend this policy as reasonable business objective may from time to time require.

14. The Supplier shall be responsible for paying any taxes imposed by your country of residence as a result of payments from KoolStockPhoto.com.

15. The Supplier warrants that the uploaded images do not contain any computer viruses or other destructive, harmful or disruptive files or programs that may be infect or harm equipment or software programs.

16. KoolStockPhoto.com shall use reasonable efforts to remove any images uploaded by the Supplier within 60 business days after received a written notice from the Supplier. Any withdrawal or removal of images will not affect existing rights or license granted by KoolStockPHoto.com to end users.

17. KoolStockPhoto.com may revise this Agreement at anytime and such revision shall be effective immediately upon posting of the revised Agreement on the website. The Supplier acknowledges to review this Agreement time to time periodically based on the revised date depicted on this Agreement.

18. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement will be governed under the law of Province of Ontario and the federal laws of Canada applicable therein. Any dispute regarding this legal agreement shall be governed, which each of the parties hereby do expressly submit and accept, by the exclusive jurisdiction of the Courts in the Province of Ontario, regardless of conflicts of laws. The International copyright laws of Canada and the United States will govern this Agreement.

19. The Supplier represents and warrants that he or she is at least 18 years of age and has the right to grant the license contained in this Agreement to KoolStockPhoto.com and its members, and has obtained all rights to source the images and has obtained all necessary permission, consents, and releases (including, but not limited to, model, property and or material releases) from all persons and entities regarding the images, which are necessary to permit KoolStockPhoto.com to market and distribute the images under this agreement.

20. The Supplier further warrants that the images do not infringe upon or misappropriate on any copyright, trademark, property rights, personal rights, rights of privacy or other rights of any third party.