Content Download and Use Agreement
This is our End User License Agreement (EULA). By using our website or downloading any image from the "Free Images" pages, you acknowledge and agree to the following:
1. Preamble and Acknowledgement
By using the FreePhotoCourse.com website, you acknowledge that any and all content on the site is protected by copyright and other proprietary rights, including the photographs contained on the “Free Images” pages. You further acknowledge that such copyright and proprietary rights are retained and exercised by FreePhotoCourse.com, its owners, affiliates, contributing photographers, writers, other third parties and/or designers.
2. Restrictions on Use of Site Content
By using this website, you acknowledge that the only content available for download or copying is restricted to those photographs specifically labeled for such use found exclusively as "Royalty-Free" pictures on the “Free Images” pages. Do not use commercially. The images are offered 'as is'; use at your own risk, as there is no warranty neither direct nor implied, as to legality for any use. You acknowledge that all other photographs/images, illustrations, text, animations, video files, audio files or any other content present on all other parts and pages of this website are not legally available for you to download, copy, store, transmit, distribute, publish, modify, display, create derivative work, sell or reproduce in any way. This is what “all rights are reserved” means; you are legally bound to respect this.
3. Use of “Royalty-Free” Images – Terms and Conditions
You may download only the “Royalty-Free” images situated specifically on the "Free Images" subdomain pages, and may do so only in accordance with the terms of this Content Download and Use Agreement. By clicking on and copying or downloading any image on the “Free Images” pages, you acknowledge and agree that you shall be bound by the following terms and conditions of this Agreement. You also agree to the following:
You MAY Do the Following with any of our Royalty-Free Images:
- Store one (1) copy of any photograph on one location of personal offline media storage;
- Download up to but not more than 12 different images in total per user;
A - PERSONAL, EDUCATIONAL or NON-PROFIT USE:
- Use the digital image(s) for a personal screen saver, desktop/laptop computer or smartphone wallpaper, personal project, presentation, demonstration, homework, training or lesson as you wish, or for printing one (1) copy for personal use;
B - ONLINE USE BY INDIVIDUALS, BUSINESSES, WEBSITES and PUBLISHERS:
- Most commercial uses of our royalty-free digital images are prohibited under this EULA. However, there are some permitted uses of our royalty-free digital images by business entities, bloggers, authors/publishers and websites as long as the use is considered editorial. This may include use on a social networking account, or personal or business website in a manner that is consistent with all aspects of our EULA. **Our attribution and link requirement must be met for any instance of online posting or publication of our photo. (see below)
- Editorial use of the digital image is permitted on blogs, online publications and online articles in a manner in which the image serves as an exemplar to illustrate or support textual content. Use at your own risk; the images are offered on an 'as is' basis with no implied or direct warranty as to the legality of any use. Textual content in editorial use may not in any way derogate or defame any identifiable individual or entity featured in the image, or FreePhotoCourse.com. **Our attribution and link requirement must be met for all editorial use. (see below)
- You may crop or make minor adjustments to the digital image to better suit your specific need, but if cropping removes the "FreePhotoCourse.com" watermark, you must replace it with another clearly visible FreePhotoCourse.com watermark before publication. Derivative works are not permitted. You may not replace our watermark with that of another company, website or photographer. If you wish to use one of our royalty-free digital images without the watermark, you must contact us and get permission to do so before publication. (Depending on the circumstances and proposed use, we may choose to send a new image to you with the watermark removed.)
**Attribution and Link Requirement:
For every instance in which one of our royalty-free digital images is published online, a photo credit caption must accompany the image (generally shown below the image), with the following text: “Image Courtesy www.FreePhotoCourse.com, © 2013, all rights reserved”
You must provide an active follow link to http://www.FreePhotoCourse.com within the caption.
If you need help creating an HTML link to us for your site, visit our page on how to link to us.
You May NOT Do the Following with any of our Free Images:
C - COMMERCIAL USE:
- Our royalty-free digital images are not intended nor are they permitted for commercial use. Our images may contain trademarks, copyrighted designs, logos, products, packaging, recognizable people, buildings and other content for which there are no releases that would be required for commercial use. Prohibited commercial uses include, but are not limited to: advertising of any kind, logo, trademark, product packaging, commercial design, poster, flyer, brochure, mail-out, e-mail campaign, business card, merchandising, marketing, banner, display, printing or any stand-alone image use. Our images may not be used to make direct or derivative designs for any business product or printed materials that are distributed or redistributed. Our images may not be sold "as is", nor modified and sold. They may not be used in any designs for any product that may be published electronically or printed mechanically, such as greeting cards, e-cards, t-shirts, posters and other similar uses.
D - OTHER PROHIBITED USES OF OUR IMAGES:
- Attempt to or execute a sale, license or sub-license of any of our digital images in any format;
- Download any more than 12 different images from our site per user;
- Modify an image in such a way that the watermark and copyright notice is removed or obscured in any way;
- Plagiarize or otherwise represent any of this content as your own or as the work of another person other than the photographer who owns the copyright;
- Enter a photograph into any contest;
- Post/upload an image to any online gallery or display, such as photo sharing sites or similar image-based posting sites;
- Modify the image to create a derivative work;
- Falsify the origin or source of the image (removing copyright and photographer information or failing to post a caption and link attributing said image to www.FreePhotoCourse.com constitutes falsifying the origin or source of the image);
4. Contributor’s Gallery Images
Works found in the “Contributor’s Gallery” are provided by other users and photographers on a non-commercial, editorial and exemplar basis, expressly for feedback and education purposes. You are prohibited from accessing these images for download, use, storage, copying, transmission, printing or modification. By agreement upon submission, FreePhotoCourse.com retains and exercises the right to display and use these images for the purposes of storage, archiving, display/publication, editorial response, promotion and marketing. Contributing photographers to the “Contributor’s Gallery” retain their intellectual property and copyright rights. You may not copy or use these images.
You, the user agree to indemnify, defend and hold FreePhotoCourse.com, its affiliates, and their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees (collectively, "Indemnitees") harmless from and against all claims, liabilities, losses, costs and expenses (including attorney/lawyers’ fees on a solicitor and client basis) or other liability incurred by FreePhotoCourse.com arising from or in connection with the user’s breach of any of his or her obligations under this Agreement, and from any and all uses of content, including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation or right of privacy.
FreePhotoCourse shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by the Member with counsel of its own choosing. The user shall fully cooperate with FreePhotoCourse in the defense of any such claim, action or matter.
6. Limitation of Liability
You assume all responsibility and risk for use of this website, including without limitation any of the content or information contained herein. You acknowledge that FreePhotoCourse.com does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some of the images appearing anywhere on our site, including the Free Images pages. FreePhotoCourse.com commonly does not have releases from property owners, designers or manufacturers of commercial products, such as but not limited to, packaged products, vehicles, aircraft, recognizable buildings, designer clothing, etc., that are depicted in some photographs. It is your responsibility to obtain any such releases should you choose to use an image in such a manner that it is publicly viewable, either in print or electronic form.
FreePhotoCourse.com has taken care to ensure that any human subject depicted incidentally in the “Free Images” pages has been rendered unrecognizable, but you should be aware that any recognizable human subject appearing on any other page may have been supplied by an affiliate, user/contributor, agency or third party. Do not assume that FreePhotoCourse.com has a model release for any such recognizable subject; you are therefore prohibited from downloading any content other than that which is offered expressly for personal download in the “Free Images” pages. Should you breach this condition by downloading content from any other page, you acknowledge that your unlawful action may lead to other infringement of others’ legal rights to their intellectual property.
Works found in the “Contributor’s Gallery” or as inline attachments in the “Photography Forum” are provided by other users for editorial and exemplar purposes, expressly for feedback and education purposes. FreePhotoCourse.com does not have releases for any recognizable human subjects, trademarks, logos, intellectual property or commercial products that may be depicted in these images. As you are prohibited by this Agreement from using any of the contributors’ images as well as any other images on the FreePhotoCourse.com website with the sole exception of the “Free Images” pages, you assume all risks associated with infringement of property, copyright and intellectual rights consequential to your use of such.
Content provided on the website’s “Free Images” pages is provided “as is” and, except as set forth in this Agreement, neither FreePhotoCourse.com nor its affiliates, nor their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees make any representations or warranties, express or implied, including any implied warranties of merchantability of fitness for a particular purpose.
In no event shall FreePhotoCourse.com or any of its affiliates or their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profit, interruption, loss of business information or any other financial loss) in association with a claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including, but not limited to, your use of, reliance upon, access to or exploitation of this site, the content or any part thereof, or any rights granted to you hereunder, even if FreePhotoCourse.com has been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
Notwithstanding this, FreePhotoCourse.com’s total maximum aggregate liability under this Agreement or with respect to the use or exploitation of any part or all of this site or the content in any manner whatsoever shall be limited to five ($5.00) Canadian dollars. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, the user. In such jurisdictions, the liability of FreePhotoCourse.com or any of its affiliates or their directors, officers, employees, shareholders, partners or agents shall be limited to the greatest extent permitted by law.
7. Concluding Acknowledgement
Your use of this website denotes your understanding of this Agreement and your covenant to be bound by all terms and conditions set forth herein.