Please also read the Terms and Conditions prior to using any Visco Images royalty-free image(s). This End User License Agreement ("EULA") is a legal agreement made on the day of purchase between you or your company, firm or other organization ("you") and Visco Media, Inc ("VISCO IMAGES"). By using any Visco Images Royalty-Free image(s) you consent to be bound by the terms of this EULA.
1. GRANT OF RIGHTS
VISCO IMAGES grants to you a non-exclusive, non-sublicenseable and non-assignable right to use and reproduce the image(s) with an unlimited circulation/press run, an unlimited number of insertions, unlimited size or placement, worldwide and perpetually in any and all media solely subject to Prohibited Uses below and to the following ("Permitted Uses"):
You may use Visco Images’ photographs, vector arts, drawings, and more visual contents, which have been downloaded from www.viscoimages.com website.
VISCO IMAGES grants a single use license for use of the images. You may store the image(s) to no more than two (2) computers/workstations within your company for use by one (1) person at a time. Additional users or installation on more than two (2) computers/workstations will require the purchase of Extended Licenses.
VISCO IMAGES grants Permitted Uses subject to the following ("Prohibited Uses"):
You may NOT use Visco Images’ photographs, vector arts, drawings, and more visual contents, which have been downloaded from www.viscoimages.com website.
VISCO IMAGES reserves the right to (i) not permit use of any image(s) for any reason whatsoever; and (ii) notify you that certain image(s) are no longer available for use. Upon such notification, the license to use such image(s) shall automatically and immediately terminate. By paying the license fee and downloading images you have licensed only a Royalty Free (RF) use right of the image(s), not the copyright, copyright ownership or literary property right.
3. WARRANTIES AND LIMITATIONS
VISCO IMAGES warrants that:
VISCO IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGE(S), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VISCO IMAGES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFIT OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), VISCO IMAGES'S BREACH OF THIS EULA OR OTHERWISE, EVEN IF VISCO IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT SHALL VISCO IMAGES'S MAXIMUM LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY VISCO IMAGES FOR YOUR USE OF THE APPLICABLE IMAGE(S).
THE REPRESENTATIONS AND WARRANTIES MADE BY VISCO IMAGES IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY VISCO IMAGES AND WILL BE INVALID IF YOU USE THE IMAGE(S) IN ANY MANNER NOT SPECIFICALLY GRANTED IN THIS AGREEMENT OR IF YOU ARE OTHERWISE IN BREACH OF THIS AGREEMENT.
You warrant that:
You agree to indemnify and hold VISCO IMAGES and anyone associated with VISCO IMAGES, harmless against claims damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorized use of any image supplied to you by VISCO IMAGES or any other breach by you of any of your obligations under this EULA. The foregoing states VISCO IMAGES'S entire indemnification obligation under this agreement and your sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth above.
5. TERMINATION, CANCELLATION AND REVOCATION
The rights granted in this EULA will terminate automatically without notice from VISCO IMAGES if you fail to comply with any provision of this EULA. Upon termination, you must immediately (i) stop using the image(s); (ii) destroy or, (iii) delete or remove the image(s) from your premises, computer systems and storage (both physical and electronic). In the event of termination, all rights granted will immediately revert to VISCO IMAGES. In this case you accept that your remaining credits are non-refundable.
No action of VISCO IMAGES, other than express written, waiver may be construed as a waiver of any part of this EULA, and no employee of VISCO IMAGES is authorized to make an oral waiver.
You may not assign or transfer to anyone else the rights granted to you in this EULA, without our prior written consent. VISCO IMAGES may assign and transfer this EULA freely.
This EULA 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 claims shall be brought solely in the Federal District Court of New York and you expressly consent to the exclusive jurisdiction of the federal courts of the State of New York, U.S.A. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
SIMPLIFIED RIGHTS-MANAGED END USER LICENSE AGREEMENT
1. Grant of License and Payment
If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer and to you as a representative of your employer.
The USAGE RIGHT LICENSE we grant is only to you and cannot be assigned or transferred without our proper written permission. Your use of an image is strictly limited to the ONE TIME USE ONLY under "Use Rights Granted". Any use beyond those specified is a violation of U.S. copyright law and proceed with legal actions and Visco Images may seek damages against you or the end user of the material. At its option, Visco Images may issue a retroactive use license for material used without proper license in place prior to use. Retroactive use license fees will be assessed at a rate of up to ten times the normal use rate.
The price of “Web”, “Small”, “Medium” “Large” “XLarge” “XXLarge” size of images grants to you a one time right to use images in only medium that will be appear under 200.000 copies. Over 200.000 copies, you have to purchase “Extended” usage license that extends your right to use image(s) in the medium that will be appear over 200.000 copies. Any attempted deviation from the terms of our license is a violation of this agreement and the copyright act and shall nullify Visco Images' indemnity obligations, and the representations and warranties made by Visco Images hereunder. You shall not undertake any extended use of the Image(s) without the prior approval of Visco Images and the payment of any additional use fees required by Visco Images for such expanded use. You shall promptly notify Visco Images of any extended use of the Image(s) for which you have not received Visco Images' prior approval, and shall pay to Visco Images any additional Use Fee required by Visco Images for such extended use.
Any rights we grant to you for image(s) from this web site are non-transferable. You may not re-sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s).
About our Subscription Plans, Credit System and Pricing
Visco Images offers you different subscription plant that allows you to download a large number of images for a flat rate within a time period you chosen to subscribe. Different length of subscription plans may be purchased online on the Visco Images' website.
See our subscription plans here
A credit represents a monetary unit to Visco Images. All prices indicated on Visco Images are listed as credits. Credits may be purchased online on the Visco Images' website. Credits' value can be different depending on your amount of you spend to purchase credits. Average credit value is equal to $1.
See current credit price here
2. Additional Rights
If you are unsure of your usage rights under this agreement, or if you wish to use an image(s) in a manner not specified or permitted under this agreement, please contact Visco Images by e-mail: info [at] viscoimages.com.
All images on this web site are copyrighted. Visco Images and its represented photographers, who shot the image(s), own all rights to the image(s). By paying the license fee and downloading images you have licensed only a one time use right of the image(s), not the copyright, copyright ownership or literary property right. You agree to provide applicable copyright notice and/or protection of image(s) in your final product.
You do not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). No copyright material shall be removed from any digital file.
4. Photo Credit & Samples
The following credit line must appear adjacent to any licensed image(s) utilized in an editorial manner: (Photographer’s name or Artist’s name)/Visco Images or (Photographer’s or Artist’s name)/viscoimages.com.
Unless otherwise agreed in writing, if any Licensed image(s) you reproduce for editorial purposes (i.e., for any non-promotional purpose) omits the credit line specified above, or any other credit line specified by Visco Images, the use fee will be doubled. No photo credit is needed when used for advertising purposes. You agree to provide Visco Images with detailed information about that how and where that image was used. It is agreed that Visco Images may use and publish the samples provided for its own self-promotion.
5. Warranty and Limitation of Liability
The representations and warranties of Visco Images made herein will have no force or effect if the licensed image(s) are used by you in any manner not specifically authorized in this agreement or you are otherwise in breach of this agreement.
Visco Images warrants to you that the digital copy of the licensed image(s) in the form downloaded by you or delivered by Visco Images by any means to you will be free from defects in material and workmanship (not including "artifacts" or other flaws inherent in prints of the particular vintage). The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Licensed Material or refund of the License fee paid by you, at Visco Images' option.
Visco Images makes no representation of warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program.
Without limiting the foregoing, Visco Images 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 picture, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured.
Visco Images has identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. Visco Images makes no representation or warranties as to the accuracy of the content, or that the use of the site will be uninterrupted or error free. The use of this site is at your own risk.
You may have additional rights under some state laws.
Under no circumstances will Visco Images, its directors, officers, employees, partners or agents or the owner of the images be liable to you for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this web site or from your access or use of the images on this web site. In any event, the limit of liability of the copyright owner of the image and of Visco Images shall be the fee paid to Visco Images for the image(s).
All rights not specifically granted herein to you are reserved for Visco Images' use and disposition without any limitations whatsoever.
You agree to indemnify and to hold Visco Images, its officers, directors, employees, photographers and agents harmless from any claims, liabilities, losses and damages (including reasonable attorney's fees and expenses) arising from any use or reproduction of the image(s) and/or use of this web site.
7. Condition of Licensed Image(s)
You are responsible for examining all licensed image(s) for possible defects prior to reproduction. Visco Images shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed image(s) or its caption or in any way from its reproduction.
Images marked "MR" and/or "Model Released" are released. However, no model releases or other releases exist on any Images unless the existence of such release is specified in writing by Visco Images. Always double check with us. You shall indemnify Visco Images against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Visco Images. In any event, the limit of liability of Visco Images shall be the sum paid to it per the invoice for the use of the particular photograph involved. Visco Images does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions.
9. Use of Images
No images from this web site may be used in connection with any potentially sensitive issue including, but not limited to sex, sexual preference, pornography, diseases of any kind, drug or alcohol abuse, domestic violence, mental or physical abuse, substance abuse, alcohol, tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, political campaigns, plastic or cosmetic surgery or possible defamation or disparagement of character or product, without obtaining prior written consent from Visco Images.
You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
10. Electronic Delivery and Storage
For all licensed image(s) that you take delivery via download, you must provide the copyright symbol, Visco Images as our company name and/or www.viscoimages.com as the original source of the image(s). In addition, you may only use a single copy of the image(s) on a single computer. You may only download the image(s) onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the image(s) for any purpose except as otherwise provided in this License agreement. Notwithstanding the foregoing, you shall be allowed to make one (1) backup copy for security reasons only. You may not use the image(s) on any image storage jukebox, network configuration or similar computer network arrangement.
All digital files which we supplied or you have created and stored in ANY format including but not limited to hard disk, optical disk, CD/DVD-ROM, or other media MUST BE DESTROYED from your computer or other electronic storage system unless you plan to re-license use of the image, in which case you must notify us immediately for a fee reassessment.
Should Visco Images deliver to you digital files of our images, the delivery of those digital files is solely an accommodation to our clients. Visco Images does not warrant that the digital delivery will be on a timely basis, uninterrupted, error free or compatible with a client's particular system. Visco Images makes no warranty, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. In no event shall Visco Images be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the digital delivery of any image or otherwise.
11. Miscellaneous Terms
This agreement incorporates the entire understanding of the parties concerning the subject matter contained herein. This agreement shall be effective immediately at a time when you download RM images.
No part of the content of Visco Images’ advertising materials shall form a part of this agreement. No action of Visco Images, other than an express written waiver, may be construed as a waiver of any term 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 a 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 those rights or remedies on any other occasion. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by you, the terms of this agreement shall govern.
The interpretation of this agreement shall be governed by the laws of the State of New York, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York, NY pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If Visco Images is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.