COMP USAGE AGREEMENT
1. ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF ANY IMAGE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND ImagesMall PRIVATE LIMITED (hereafter "Imagesmall"). By downloading an image from www.imagesMall.com, which is a fully owned subsidiary of Imagesmall PRIVATE LIMITED you agree to be bound by the terms of this agreement. Imagesmall reserves the right to change these terms at any time, and you agree to be bound by such changes.
All images on this Web site are owned by Imagesmall, a division of imagesmall PRIVATE LIMITED (hereafter "Imagesmall") and are protected by Pakistan copyright laws and international treaty provisions. You have limited, restricted rights to use images from Imagesmall' sites and servers as described below. For additional rights to an image you must Licence its use by purchasing the single and accept all of the terms and conditions of the applicable ImagesMall Licence Agreement located on www.imagesMall.com. imagesmall retains all rights not expressly granted by this agreement. The Licence contained in this agreement will terminate automatically without notice from imagesmall if you fail to comply with any provision of this agreement. Upon termination, you must immediately stop using the image and destroy or return all copies from digital, magnetic, solid-state, optical, and all other media storage formats to Imagesmall. Your use of any www.imagesMall.com must be in compliance with all applicable law, including but not limited to the law of moral rights.
3. LIMITED, RESTRICTED RIGHTS
ImagesMall grants you, the individual user, the non-exclusive and non-transferable right to copy a imagesmall Exclusive Rights Image or a imagesmall Non-Exclusive Rights Image(s), onto one computer for one user at a time for COMP USAGE and BROWSING only. COMP USAGE is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed outside of your company or that is accessible to the public or any final product, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically to your clients for their review) and may not be sold or subLicenced alone or as part of any product.
You agree not to use the image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the concurrence to accompanying text. You agree not to use www.ImagesMall.com as part of any use involving sensitive subject matter, as determined by ImagesMall, including but not limited to the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, Homosexual or alternative lifestyles issues, and physical or mental abuse, without advance written consent from ImagesMall and any model in such Images/Videos. Sensitive subject usage pertains to both commercial and editorial uses. Contact for verification of model releases.
Availability of model releases does not grant the right to use an image in any sensitive issues mentioned. Except as expressly stated above, imagesmall Exclusive Rights Image or Non-Exclusive Rights Image(s) may not be used for any other purpose unless you have Licenced the use of the Images by purchasing the appropriate single image and have accepted all of the terms of the corresponding imagesmall Licence Agreement, copies of which are located on imagesmall' Web site (www.imagesmall.com) for your review. We encourage you to read the imgesmall License Agreements, which describe all rights provided with imagesmall.
Pornographic, defamatory, libelous, immoral, obscene, fraudulent or otherwise unlawful use of this image is strictly prohibited. You further agree not to use the image for any sensitive subject matter, as determined by imagesmall, including, but not limited to, Sex related products and services, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, homosexual or alternative lifestyle issues, and physical or mental abuse, without advance written consent from imagesmall.
4. LIMITATION ON WARRANTIES AND LIABILITY
THE IMAGES AND INFORMATION YOU FIND ON imagesmall' SITES AND SERVERS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH imagesmall AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON- INFRINGEMENT.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
This Agreement will be governed solely by the laws for the islamabad, Pakistan, without regard to its conflicts of laws rules, and you and your company expressly consent to the exclusive jurisdiction of the courts of the State of Islamabad and you and your company consent to the personal jurisdiction of such courts. If any provision of this agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
ImagesMall are registered trademarks of Imagesmall PRIVATE LIMITED registered in Pakistan.
You may not assign or transfer to anyone else the rights we granted to you in this Agreement, without our prior written consent.
8. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND imagesmall, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND imagesmall RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ's AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN imagesmall' WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.