This document defines rights and responsibilities of Buyers using one of the regular subscription plans provided by Photo Journalist (hereinafter "Site”). Agreeing with this document, you confirm your consent with its terms and acceptance in your own name or on behalf of an organization owning the account. In case of acceptance of the terms and conditions of this Agreement on behalf of an organization, the user confirms and guarantees that he or she has significant and full ability and right to conclude such Agreements. If the user has no such right, or he or she does not agree with the terms and conditions of this Agreement, the user should not use these subscription plans.
1. REGULAR SUBSCRIPTION PLAN INFORMATION AND DEFINITION
A Regular Subscription Plan (hereinafter "Subscription") is a common method of purchasing files at the Site via prepayment. According to the terms of the specific Subscription plan, a person who has registered with Photo Journalist and has a valid Buyer account (hereinafter "User”) may download specified quantities of files per day as long as said Subscription is valid. Unused per diem download allowances do not transfer to the next day, nor do they accumulate or qualify for reimbursement.
Dimensions of the files available for downloading via Subscription are not limited: the User can download JPEG files of any desired size as well as any vector files. The per diem limit specifies only the number of files which can be downloaded per day, and does not restrict the User to any specific type or size for those files.
Subscriptions are automatically renewed and charged to the User prior to the last day of the Subscription renewal term, unless the User explicitly terminates the Subscription or cancels automatic renewal.
No matter where the User is physically located, the day the subscription is activated is the first day, and each subscription day resets every 24 hours.
2. TECHNICAL REQUIREMENTS
In order to work with a Subscription, the User should choose a specific Subscription plan by following the links to the Site’s «Buyer Menu» -> «Subscription» page, and agreeing to pay for it with one of the payment options offered. By purchasing a Subscription, the User acknowledges that he/she is familiar with the current Agreement and agrees to comply with the terms and limitations stated herein.
3. SUBSCRIPTION RENEWAL
By accepting the terms and conditions of this agreement, the User agrees that upon conclusion of the Subscription renewal term, the Subscription will be automatically renewed under the same plan or one of the Subscription plans valid at the moment of renewal.
Payment for the Subscription plan will be automatically deducted from the User’s account.
If the User wishes to stop automatic renewal of a Subscription plan, he/she should log into the Site prior to the end of the Subscription renewal term, go to the «Buyer Menu» -> «Subscription» -> «Subscription History» page, and follow the directions to cancel the current Subscription renewal and halt the recurring payment from the User’s payment system.
Important: Photo Journalist does not send any notices by any means of communication (email, mail, phone, fax, etc.) regarding the impending subscription renewal, nor can we be held liable for missed subscription cancellations. By accepting this Agreement, you affirm that you understand and intend to comply with the condition.
If automatic renewal of the subscription is declined by The User, the Subscription will be terminated at the end of its renewal term.
4. USING REGULAR SUBSCRIPTION FILES
The regular Subscription plan enables the User to download vector files or
JPEG images of any available size. By purchasing a Subscription plan, the User
agrees to use and store said files in accordance with the terms of the Standard License
Agreement . In case of any contradiction between the details of this
Subscription Agreement and the Standard License Agreement, the details given
within the Standard License Agreement shall be dominant and valid.
The User has the right to move a file (or files containing it) physically, but copies can be made only for back-up or archival purposes only. A file downloaded from the Site may be used by the User for advertising or similar purposes permitted by the Standard License.
- prints, posters and other reproductions for personal use, advertising and promotional applications, including printed files, product packaging, presentations, film and video presentations, commercials, catalogs, brochures, promotional greeting cards and promotional postcards (providing they are not for resale, license or other distribution);
- print media applications, such as books and book covers, magazines, newspapers, editorials, newsletters, video broadcasts and theatrical displays;
- on–line or electronic publications, including web pages (but only when the pixel density for such file is limited to 1024 x 768); or
- any other uses approved in writing by Photo Journalist.
If there is ever any doubt or question as to the permitted usage of a specific file, the Buyer should immediately contact Photo Journalist Support Service.
- Use of files or their elements within designs intended for sale including the design of templates for applications, sites, electronic postcards, business cards, booklets, etc., irrespective of the manner of their distribution and sale (including online);
- Use of files or their parts on products for sale, such as t-shirts, cups, posters, etc., or in places designed for the sale or promotion of such products;
- Use of files or their elements as a part of a trademark or trade sign (in full or in part), a company's name, a logo, or a product’s trade name;
- Use of files for the creation of posters or other printed products intended for sale, resale, license or distribution by other means for the purpose of deriving profit;
- Use of files in the manufacture of any products if such usage will result in the repeated and multiple use and distribution of the file (for example, used in the creation of web templates or web postcards) or otherwise will give third parties access to it, for their own use or to reproduce;
- Use of files with purposes that can be considered by Photo Journalist (within legal bounds) as indecent, detractive, criminal, amoral, libelous, etc., or purposes which could have a negative effect upon the reputation of the property or persons depicted in the file;
- Use, show, or placement of files that:
- Implies the endorsement or recommended use of products or services of a certain enterprise or trademark;
- Displays a person/model in a potentially or actually abusive, indecent, or provocative aspect. These include files of social, sexual, religious and any other preferences, aspects of physical and mental health, preferences or abuse by drugs, nicotine, alcohol, etc.
- Change, recompilation, or deletion of program code contained in the file;
- Deletion of a mark indicating the ownership, right and copyright as well as allied rights regardless of their location, in or on the file;
- License handover, transfer and distribution of the file relative to the rights prescribed by and provided within this Agreement;
- Placement, installation, or usage of files in more than one place simultaneously, or providing access to the file through network resource to other users;
- Use of files in such a way that allows the download, transmission, distribution, change or other similar means of file exchange, including but not limited to the use of portable storage devices;
- Use of edited files without including in the file the following credit line: «©Photo Journalist/An artist’s name»; or
- File reproduction personally or together with third parties at a quantity exceeding 500,000 pieces without obtaining the appropriate Extended License. If such situation exists, the Buyer will be obligated to pay $0.01 as a compensation for each additional reproduced copy. This limitation does not apply to use of files within the limits of newspaper, magazine, Internet advertising, as well as broadcasting on TV and Internet and theatrical performance.
5. GENERAL PROVISIONS
By signing this Agreement, the User expresses consent and acceptance of the terms and conditions described in this Agreement, and agrees to be bound by the letter and spirit of the parameters and limitations set forth within this Agreement.
Lack of enforcement by Photo Journalist of any provisions in this or affiliated Agreements will not and can not be considered abandonment of any rights or terms and will not negate the enforcement of any other provision as determined by Photo Journalist.
This Agreement is intended for the User, and also extends to the User’s executors, employers and legal representatives of the Buyer and cannot be passed to them without prior written consent by Photo Journalist.
6. CONTACT INFORMATION
For any questions in connection with the provisions of this Agreement, the User is encouraged to contact Photo Journalist using the information below:
Or use the form Contact Us.
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND PHOTO JOURNALIST, WHICH SUPERSEDES ANY PRIOR AGREEMENT OR PROPOSAL, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND PHOTO JOURNALIST RELATING TO THE SUBJECT OF THIS AGREEMENT.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supercedes the translated version.