Stock image licensing agreement

 

The simple version of our stock image licensing agreement (or how you can use your images).

 

1. NO SHARING, your images are for your use only online.

2. You can use the images on your website, social media, in media kits, etc… for 5 years from the date of purchase as often as you’d like. 

3. JnK Imagery Inc. retains copyright, this licensing agreement let’s you use these images for your own personal online marketing purposes.

4. PLEASE don’t resell or alter the images to resell, don’t put the images on anything you plan to sell such as mugs, t-shirts, calendars, etc… (that’s a different license - reach out if you would like to do this)

5. Download your images ASAP and back them up. There are no refunds and you may not have access to re-download them after a certain amount of time.

 

 

THE LONG VERSION

TERMS & CONDITIONS

 

This document contains important information about your rights and obligations, as well as conditions, limitations and exclusions that might apply. Please read carefully. If there is a dispute these terms require the use of arbitration, instead of legal action through the judicial system. 

 

This website is operated by JnK Imagery Inc.. Throughout the site, the terms “we”, “us” and “our” refer to JnK Imagery Inc.. JnK Imagery Inc. offers this website, including all information, tools, images and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Photobiz. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

SECTION 1 - ONLINE STORE TERMS

 

By placing an order for stock images (photography or illustration)  (the “Images”) from this website (jnkimagery.com), you confirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of a  company or organization, you have the legal authority to bind any such company or organization to these terms and conditions. You may not order or obtain images from this website if you: (i) do not agree to these terms and conditions, (ii) are not (a) at least 18 years of age or (b) legal age to form a binding contract, or (iii) are prohibited from accessing or using this website or any of this website's contents or images by applicable law.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

Any adjustments to these Terms will be in effect as of the "Last Updated Date" posted on the Site. Be sure to review these Terms before purchasing any images that are available through this Site. Your continued use of this Site after the "Last Updated Date" will be your acceptance of and agreement to such changes. We have made every effort to display as accurately as possible the colors and quality of the images but we cannot guarantee that your computer monitor's display of any color will be accurate.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

a) Order Acceptance and Cancellation. You agree that your order is an intent to purchase, under these Terms, all Images listed in your order. All orders must be accepted by us or we will not be bound to sell the Images to you. We may choose to decline orders at our sole discretion, even after we’ve sent you a confirmation email with your order number and details of the images you have ordered. b) Prices and Payment Terms. All prices, promotions and discounts posted on this Site are subject to change without notice. The price charged for the Images will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes. All taxes will be added to the total price and will be itemized in your shopping cart and in your order confirmation email. We aim to display accurate price information; however, on occasion, we may make unintentional typographical inaccuracies, errors or omissions related to pricing and availability. We reserve the right to correct any inaccuracies, errors or omissions at any time and to cancel any orders originating from these occurrences. 

 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We take Visa, Mastercard, American Express, Discover Card and Diners Club for all purchases. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that  you are duly authorized to use such credit card for the purchase, that charges incurred by you will be honoured by your credit card company, and you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

 

SECTION 5 - PRODUCTS 

 

a) Delivery. The Images will be emailed to you in a download link as JPEG format at the email address you entered in your order. Download and backup your images immediately. b) Returns and Refunds. THERE ARE NO RETURNS OR REFUNDS ON ANY IMAGES. c) No Warranty. We make no warranty or condition whatsoever with respect to the images purchased through the site, including any warranty or condition of marketability or fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade or other.  7. Limitation of Liability. (a) In no event shall we be liable to you or any third party for any loss of use, revenue or profit, or for any consequential, indirect, incidental, special, exemplary, punitive or aggravated damages whether arising out of breach of contract, tort (including negligence) or other, regardless of whether such damages were foreseeable and whether or not we have been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. (b). In no event shall our aggregate liability emerging out of or related to these terms, whether emerging out of or related to breach of contract, tort (including negligence) or otherwise, exceed the amounts paid by you for the images sold through the site. 

 

SECTION 6 - IMAGE LICENSING

 

License. Grant of Rights. Subject to and conditioned on your compliance with these Terms, we hereby grant to you during the License Term the non-exclusive, non-transferable and non-sublicensable right and license to use each of the Images in electronic mediums only for purposes of making, providing, advertising, promoting, marketing, selling, and otherwise commercializing your own goods and/or services and internal business purposes.

 

For clarity and without limiting the aforementioned, we acknowledge and agree that the rights and license granted to you under these Terms include your rights: (a) to edit, modify, combine with other materials, include in collective works, translate, and create derivative works of the images in whole or in part (collectively, "Adapt", "Adapted", and "Adaptation" have correlative meanings); and (b) to reproduce, display (publicly or otherwise), perform (publicly or otherwise), and transmit the Images, in whole or in part, as provided by us or as Adapted for such purposes and uses as are permitted under this Section 6. (c) Third Party Use. You shall not, and shall not permit, enable, or authorize any other person or entity to, use, access, or perform any other act on or relating to any of the Images except as expressly permitted by these Terms. Reservation of Rights. We expressly reserve all rights not expressly granted to you under these Terms. (d) Other Rights. You shall have the right to exercise your rights under these Terms through any of your employees, agents, and independent contractors, provided that you enter into a written agreement with the pertinent employees, agents and/or independent contractor incorporating terms that are the same as or similar to this Section 6 and are as protective of our rights under that written agreement. (e) License Term. The license granted to you is effective from the date of acceptance of your order by us for a period of five (5) years (the "License Term"). (f). Early Termination of License Term. We may terminate the license granted under this Section on written notice to you if you materially breach these Terms and, if such breach is able to be remedied, you fail to remedy such breach within five (5) days after receiving written notice thereof. (g). Effect of Termination of License Term. Upon the expiration or termination of the license granted pursuant to this section, all rights licensed under these Terms (with the exception of any Adaptations owned by you) return to us. Upon the early termination of the License Term in accordance with Section 6, you shall within five (5) days after such termination cause to be inactivated and delete all digital copies of the Images that are in your possession or control.

 

h) Images Not for Resale. You represent and warrant that you are buying Images from the Site for your own use only, and not for resale or export. 

i) Intellectual Property Use and Ownership. You accept and agree that: All uses on this Site of the terms "sell", "sale", "resell", "resale", "purchase", "price" and the like mean the purchase or sale of a license. Each Image offered on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions and restrictions of these Terms, including without limitation, Section 6 of these Terms. You will comply with all terms and conditions of these Terms for any Image you purchase through this Site, including, but not limited to, all restrictions on use, resale, copying, reverse engineering, making, improving,modifying, sublicensing and transfer of those licensed Images. JnK Imagery Inc. is and will remain the sole and exclusive owner of all rights, title and interest in and to the Images. You will own and retain all right, title and interest in and to all Adaptations of the Images made by, or by any third party for the benefit of, you, subject to our rights in the underlying Images. 

 

SECTION 7 - PROHIBITED USE AND DISCLAIMER OF WARRANTIES

 

Representations and Warranties. You hereby represent and warrant that you will not use the Images in any manner that causes any Image that is not defamatory, obscene, or otherwise unlawful or injurious as provided by us to become defamatory, obscene, or otherwise unlawful or injurious; or competes with or is detrimental to us. 

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall JnK Imagery Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 8 - PERSONAL INFORMATION

 

Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, (https://www.jnkimagery.com/privacy-policy), governs the processing of all personal data collected from you in connection with your purchase of Images through the Site. 

 

SECTION 9 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless JnK Imagery Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 10 - GOVERNING LAW AND JURISDICTION

 

a) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. (b) Waiver of Recourse to the Courts and Binding Arbitration. (c) You and JnK Imagery Inc. are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of Images through this Site, will be resolved exclusively and finally by binding arbitration. (d). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. (e) If any provision of this Section 10 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 15. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of JnK Imagery Inc. 16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you. 17. Notices. (a). To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide in your order or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. (b) To Us. To give us notice under these Terms, you must contact us by email to [studio@jnkimagery.com]. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email delivery will be effective one business day after they are sent. 18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 19. Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Please check “I Agree” in the cart to continue to check out.