When you spend money at CSA Images, you are not buying the image outright but rather purchasing a license that grants you specific rights to use the image. Ownership and copyright of all images always reside with CSA Images or its contributors. All licenses are subject to CSA Images' End User License Agreement.
CSA Images grants you a worldwide, non-exclusive, and non-transferable right to use, make derivative works incorporating, display, reproduce and distribute Content, subject to the exceptions and limitations set forth in this EULA. The rights granted under this agreement are limited to one (1) person employed by the same legal entity (“User”) entering into this Agreement. If you intend to grant access to more than one (1) User, please contact CSA Images at email@example.com to purchase an extended license or customize your Agreement.
"Non-transferable" in this Agreement means that:
- You may not sell, rent, loan, give, sublicense, or otherwise transfer any standalone Content or the right to use such Content to a third party. The work you produce with the Content must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. If you are an agent that acquires Content on behalf of a client, your client acquires the rights to the Content under this Agreement and is deemed to have agreed to the terms hereof as if it licensed such Content on its own behalf. You have no right to use Content licensed on behalf of a client for any purpose, except in furtherance of your services to such client.
- Content may not be used for more than one client unless you purchase a separate license for each separate client.
- If you create a derivative work based on or incorporating any Content, all rights in and to such Content will continue to be owned by CSA Images or its Contributor(s), subject to your rights to use such Content under this Agreement.
Permitted uses (Worldwide, Non-Exclusive Basis):
Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable right and license to use the Licensed Material an unlimited number of times in most media for the following purposes:
- Advertising, promotion, communication, and editorial use in the following mediums: books and book covers, newspapers, direct mail, consumer magazines, trade magazines, television commercials, annual reports, brochures, newsletters, invitations, Internet banners, website graphics, sales kits, promotional items, and any other uses approved in writing by Licensor.
- Unlimited printed impressions/editorial in magazines and newspapers with illustration©csaimages credit.
You agree to indemnify CSA Images' parties from any cost, liability, damages, or expenses incurred by any of them relating to or in connection with any retail merchandise, products, or packaging.
For licensing information regarding any usage not specified in the Agreement, contact firstname.lastname@example.org
Licensee may not (i) include the Licensed Material in products, packaging, on electronic templates intended to be reproduced by third parties on electronic or printed products; or (ii) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license, or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, pads, devices, or messenger stickers, emoji's or similar items.
Prohibited uses include the following:
- CSA Images may not be used in products and packaging.
- CSA Images may not be used in billboards, point-of-sale displays, signs, transit boards, trade show displays.
- CSA Images may not be used in print-on-demand products and electronic templates.
- CSA Images may not be used in any logo or trademark.
- CSA Images may not be transmitted through any form of re-distribution or sublicense, including to sell, lend, assign, give away, share, gift, post, or otherwise transfer stand alone images/files or the rights granted.
- CSA Images may not be used in software with embedded images, electronic templates, or electronic greetings.
- CSA Images may not be used as reference to create new illustrations.
- CSA Images may not be used in style guides, mood boards, or similar compilations.
- CSA Images may not be used to promote a business that sells or licenses images, or otherwise competes with CSA Images in any manner.
- CSA Images are prohibited for use on pornographic, obscene, or libelous works.
- CSA Images are prohibited for use that depicts personal endorsement by model.
- CSA Images are prohibited for use that depicts model in a sensitive way i.e. mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference.
- CSA Image may not be used in products intended to allow the re-distribution or re-use of the images.
For a complete list of prohibitions, please read the full End User License Agreement.
For all other uses -- including exclusive licenses, buy-outs, and the prohibited uses shown above -- contact us for extended license pricing.
In using this website, you agree not to:
- submit, upload, download, or otherwise transmit any materials that are a form of solicitation, infected with viruses or other harmful computer code, unlawful, threatening, abusive, vulgar, harassing, defamatory, obscene, inflammatory, libelous, tortious, or otherwise objectionable, or violates any third party rights, including rights of celebrity, privacy and intellectual property;
- pretend to be someone else; or
- disrupt, interfere with, or tamper with site operation.
You acknowledge and agree that any works or content you may submit to the site is original to you, with the exception of the CSA Images or other properly licensed images. With the exception of CSA Images or other properly licensed images, you retain all ownership rights to, and all responsibility for, any original content you submit to the site. By accessing and using CSA Images, you grant CSA a nonexclusive, perpetual, royalty-free license to use your content solely for promotional purposes to provide examples of CSAImages being used on end products.
Intellectual Property Policy:
If you believe that your rights have been infringed by content on our site, please notify CSA Images' Copyright Agent at: CSA Images; 124 North First Street; Minneapolis, MN 55401 or email@example.com and provide the following information:
- a description of the rights claimed to have been infringed;
- a description of where the claimed infringing content is located on our site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner of the copyright/trademark interest involved;
- and your signature.
CSA Images will remove any infringing materials pursuant to the procedures of the Digital Millennium Copyright Act.
In addition to the above terms, all terms of the CSA Images End User License Agreement also apply to your use of CSA Images. You are responsible for reading these terms before accessing any CSA images, and your acceptance of all the above terms and the terms in the CSA EULA are evidenced by your accessing of CSA Images.
Terms And Conditions For Use Of Csa Images Illustrations, Photographs And Other Images:
The following is a legal agreement between you and CSA Images, a Minnesota corporation with offices at 124 North First Street, Minneapolis, Minnesota 55401. The term "CSA" used within this agreement includes CSA Images, Inc., and when applicable, its affiliates, content providers, successors, licensors, licensees, resellers, and their respective directors, officers, employees, shareholders, partners and agents.
BEFORE YOU MAY ACCESS OR LICENSE CSA'S ILLUSTRATIONS, PHOTOGRAPHS, AND OTHER IMAGES (COLLECTIVELY, "CSA COLLECTIONS"), YOU MUST AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. Your acceptance of these terms are evidenced by your accessing, using, and/or browsing this web site and/or clicking "I Agree" where indicated.
Your Binding Agreement.You agree to read these terms and conditions of use carefully before viewing, accessing, and using the CSA COLLECTIONS, and you accept the terms as stated on behalf of yourself or the entity for which the images will be used. You represent that you are authorized to bind the organization or business that receives and will use the image(s). By viewing, purchasing, downloading or capturing an image from the CSA COLLECTIONS, you agree to all of the terms and conditions for use of the CSA COLLECTIONS. If you do not agree to these terms and conditions of use, you will not view, access, or otherwise use the CSA COLLECTIONS.
Unauthorized Use/Your Responsibilities.CSA takes all unauthorized usage very seriously! CSA's business depends on the enforcement of its licenses and the payment of fees for use of its images, so the unauthorized use of images seriously jeopardizes the ability of CSA to conduct business. As a result, we must exercise all rights and remedies under applicable copyright and other laws against all unauthorized users and their employees and clients in order to continue providing the CSA COLLECTIONS to you.
Liquidated Damages. All licenses include certain restrictions which are clearly communicated through the web site, including restrictions as to manner and quantity. IT IS YOUR RESPONSIBILITY TO MONITOR ALL USES OF IMAGES YOU LICENSE, REGARDLESS OF WHO USES THEM. SHOULD THE SCOPE OF USE EXCEED THE LICENSED RESTRICTIONS, OR INVOLVE UNAUTHORIZED IMAGE(S), YOU WILL BE BILLED FOR THAT USE AS FOLLOWS:
- In addition to any and all fees, damages and penalties CSA Images may be entitled to under this Agreement and applicable law, you hereby agree to pay twenty (20) times the standard CSA license fee based on your actual use of the image(s) for any and all unauthorized uses of CSA images, plus a 10% royalty on gross retail sales revenue for unauthorized use of an image on products for sale, and a 50% royalty on gross sales related to unauthorized sub-licensing or any other unauthorized redistribution of the image; you also agree to pay CSA's attorney fees accrued in resolving the matter of your unauthorized use; and you agree to injunctive relief in respect to any unauthorized use.
Unauthorized Use/Retroactive License Fee.In the event that (i) you utilize any image without or prior to the granting of a license, or (ii) you utilize any image for any use other than those indicated in the terms, including but not limited to the type and number of uses or the size or reproduction, CSA images reserves the right to seek damages through legal channels unless you agree to reimburse CSA as follows:
- Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an image other than for the usage indicated on our invoice and/or in the terms of this agreement, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to twenty (20) times the normal price we would have charged for such unauthorized use, plus a 15% royalty on gross retail sales and a 50% royalty on gross sales related to sublicensing or redistribution of images within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs.
- You acknowledge and agree that the above fees are a reasonable approximation of the expense and diligence required by CSA in monitoring and policing unauthorized uses of its images and partially accounts for the detriment to the commercial value of the images based on such unauthorized usage, although such detriment cannot truly be compensated by monetary amounts.
Lawful Use.You further agree that, in addition to complying with the terms of this Agreement, you will use this site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity, specifically including CSA.
- You agree to indemnify CSA Images and hold CSA Images harmless against all claims arising out of any breach by you of this Agreement.
- Liquidated Damages. All licenses include certain restrictions which are clearly communicated through the web site, including restrictions as to manner and quantity. IT IS YOUR RESPONSIBILITY TO MONITOR ALL USES OF IMAGES YOU LICENSE, REGARDLESS OF WHO USES THEM. SHOULD THE SCOPE OF USE EXCEED THE LICENSED RESTRICTIONS, OR INVOLVE UNAUTHORIZED IMAGE(S), YOU WILL BE BILLED FOR THAT USE AS FOLLOWS:
Unauthorized Use/Your Client's Responsibilities.Copyright infringement liability travels to your employer and client. If you infringe our copyrights on behalf of your employer or client, we will pursue those parties, in addition to you, for all payment of damages under the Copyright Act. We can seek up to $150,000 per work infringed under the statutory damages provisions of the Copyright Act, which is likely to irreparably harm your client relationship.
Copyright Ownership/Derivative Works.
Our Ownership.CSA COLLECTIONS consist of multiple collections comprised of thousands of specific images which are protected as individual works and proprietary compilations under the United States Copyright Laws and International Copyright Treaties. CSA or its contributors retains all right, title, and interest in and to all such copyrights, patent rights, trademarks, and all other proprietary rights in the CSA COLLECTIONS. You receive no rights except the limited rights licensed via CSA. You acknowledge the validity of CSA's ownership of copyrights in the CSA COLLECTIONS, and you hereby waive any rights to challenge the validity of that ownership.
Your Obligations with Respect to CSA Copyrights.You do not acquire any copyright ownership in any images from the CSA COLLECTIONS based on any right, title or interest which may arise in an authorized compilation or derivative work you create using images from the CSA COLLECTIONS. You grant CSA the perpetual, royalty-free right to use any authorized compilation or derivative work utilizing the CSA COLLECTIONS for self-promotion and demonstration purposes. You agree to adhere to any and all additional copyright notices, information, or restrictions contained on any website or catalog in which CSA COLLECTIONS may appear, or on any images from the CSA COLLECTIONS which you license or download. When you use an image from the CSA COLLECTIONS, you agree to maintain all copyright and other notices contained in such content. You agree not to claim copyright or trademark rights in any altered image, the copyright shall always remain with CSA Images or its contributors. All images on this website are Copyright 2015 CSA Images, or its contributors. The names CSA, CSA Archive, Plastock, Snapstock, Printstock, CSA Images, and Pop Ink are registered trademarks of CSA Images, Inc.
Image Credit.All Licensed Material used in an editorial context must include the following credit line adjacent to the Licensed Material: "illustration ©csaimages" or as otherwise shown on the CSA Images’ website. If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the License Fee may be payable by Licensee, at CSA Images' sole discretion. The foregoing fee shall be in addition to any other rights or remedies that CSA Images may have at law or in equity.
License Terms For Low Resolution Comping Images.Prior to purchasing a license for formal use of an image, you may download low resolution watermarked versions of CSA COLLECTIONS images solely for internal comping purposes, subject to the terms and conditions of this Agreement. You may not use these comping images in any manner except for internal evaluation to determine whether or not to formally license the image. Unless otherwise stated, the licensed term for using an image for comping purposes is 40 days from the date you download the image. You agree not to use the comping image in any other manner, or after the 40-day term, without obtaining a formal license for that image. If you do not obtain such a formal license, you agree to destroy all copies of the image used for comping purposes and the corresponding comped material. You agree to call CSA directly to request any rights to use images for comping purposes beyond the scope of the terms outlined in this paragraph.
Use of Licensed Images from CSA COLLECTIONS.
Seat Licenses.A limit of up to 1 person employed by the company at the time of CSA Images purchase are permitted to use images you license (up to 2 people for fonts). Any license granted to you by CSA is limited, non-transferable and non-sublicensable, unless otherwise specified in writing. After obtaining a license for use, images may be cropped, resized and elements of the image may be diminished or removed as needed for the licensed purpose. You may transfer licensed images to your client, contractors, or ISP for the purpose of reproduction for permitted uses provided that they will have no further or additional rights to use the images and cannot access them or extract them from any file you provide. You are jointly and severally liable for any breach of any license terms by employees or contractors who you may secure to utilize the licensed material.
Derivative Works.You acknowledge and agree that images from the CSA COLLECTIONS may not be used as reference or as a basis to create a different image. You agree not to provide (or indicate by CSA image number) to an independent illustrator, photographer, or other person any CSA image to use as reference or for the style or approach to create a new image. Only copyright owners are allowed to create such "derivative works," therefore, such practices specifically violate the U.S. Copyright Act and will be prosecuted. If ever a modification or alteration made by you to a CSA Image does constitute a derivative work, the rights to all such derivative works shall belong exclusively to CSA Images or its providers, as the case may be, and that you shall only use such derivative work in accordance with this Agreement. If requested by CSA Images, you agree to execute a written assignment of any such rights, including copyrights, at no cost to CSA Images.
Electronic Images.For all licensed images you obtain in electronic form, you agree to retain the copyright symbol, the name of CSA, the identification number and any other information embedded in the electronic file containing the original licensed image. You may not make any additional high-resolution copies of the image. You further agree that images may not be compiled, stored, redistributed, syndicated, resold, sublicensed, placed online in an FTP or downloadable format, used for "on-demand" applications, or otherwise used by any person or entity other than you for projects for you or your clients, unless expressly authorized by CSA. Licensee may not make the Licensed Material available in any medium in a manner intended to allow or invite a third party to download, extract or access the Licensed Material as a stand-alone file, such as for a screensaver.
Mobile Devices.Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed websites or mobile applications that are specifically created for viewing of Licensed Material and/or the Licensee work on mobile devices, without obtaining the prior written consent of CSA Images, which consent might require payment of an additional License Fee. For clarification, this restriction on mobile use is not breached if Licensed Material that is licensed for website use can be viewed via mobile devices in a "pull" (as opposed to "push") fashion, provided it is not so specifically modified, reconfigured or repurposed for this purpose.
Offending Uses Prohibited.If images featuring a person will be used in connection with unflattering or controversial subject matter, or used to imply connection to or endorsement of a product, the image must be accompanied by a statement that states the person is a model used for illustrative purposes only. Images from the CSA COLLECTIONS may not be used for any pornographic uses, unlawful purposes, uses which reflect poorly on CSA, or in violation of any privacy, publicity, moral rights, copyright, or trademark rights.
Attribution/Notice.You agree to include attribution and copyright notice (when possible) in close proximity to each licensed image in the following format: ©csaimages.com.
Protection of Content.Licensee may not, directly or indirectly, reproduce the Licensee work in any secondary reproductions, such as compilations, screenshots, in-context promotions or on file-sharing or social networking websites such as YouTube, Facebook, MySpace, Bebo, etc. You agree to use best efforts in protecting your use of the licensed material to ensure that it cannot be copied. You agree to maintain an industry-standard firewall to safeguard against unauthorized third-party access to licensed images.
Copies.At CSA's reasonable request, you agree to provide one copy of any and all end uses made of the licensed image(s) under this Agreement to CSA at no charge.
No Logos.Since these images are licensed on a nonexclusive basis, they may not be used in any logo, trademark or service mark application. Also, logos and trademarks may not be applied to any licensed image.
Releases/Clearance of Content are Your Responsibility.
- Clearing Third Party Rights. CSA COLLECTIONS contain very few images which utilize property or other content that could possibly involve the proprietary rights of others, but some images may be subject to copyrights, trademarks, rights of publicity, rights of privacy, rights of affiliation, moral rights or other rights. The use of such images is at your sole risk and liability, and you are solely responsible for determining whether your use of any such images requires a release or waiver. CSA makes no representations or warranties that it has licensed any rights related to any persons, places, buildings, property or subject matter depicted in the CSA COLLECTIONS, and CSA has not secured any releases for the small percentage of images that could possibly require clearance of such third party rights.
Clearance Opinions.CSA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through any website or catalog in which CSA COLLECTIONS may appear. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. If you do not wish to incur the above risks, CSA recommends you select an image which does not contain any recognizable people or any potentially proprietary third party content or consult legal counsel.
CSA grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any licensed material, and you must satisfy yourself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
CSA Images' Licensed Material often purposely re-creates historic printing techniques to replicate the look of ink printed on paper. This style features paper texture, Ben Day dots, off-registered colors, process color dot screens, and printer dust specks and imperfections to capture the authentic look of printing in a digital image. Some of the Licensed Material contains "artifacts" or other flaws inherent in historic printing methods and are not defects.
Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for reproduction. Licensor shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its keywords, caption or in any way from its reproduction.
If any use of CSA Images Licensed Material gives rise to publication rights (as defined in The Copyright and Related Rights Regulation or to any similar rights in any other country), those rights shall belong exclusively to CSA Images. Licensee shall do all such things and shall procure rights from any third parties in whom such rights may otherwise vest (including executing assignments) as are required to vest ownership of all such rights exclusively in CSA Images.
- Errors/Subjectively Offensive Content. Some information on the site may contain technical or other mistakes, factual or legal inaccuracies, typographical errors, or be incomplete or out-of-date. Additionally, this site and its content (including images) may include images and text that you, your client's or consumers may find inappropriate or potentially offensive. You are solely responsible for determining whether any site content is accurate, current, or complete, or whether the use of such information may be offensive.
Your Account.You agree that your CSA account is a privilege which allows you to access, utilize and otherwise enjoy the website. You agree your password to access the site will be kept secret and confidential. You shall not disclose your account information, including your account number, account name, or password, to any other party without the express written permission of CSA. You further agree that you will be responsible for all access or use of the site which occurs through your account, and that use of your account information and password to access the site constitutes conclusive evidence that you are responsible for the access to the site and utilization of any content. You agree that you are responsible for all damages and account activity resulting from all uses of your account, regardless of your actual knowledge of such use. If you suspect someone is making unauthorized uses of your account, contact CSA immediately.
Termination of Account and Service.You agree that CSA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site and CSA COLLECTIONS, at any time for any reason or no reason. CSA may also in its sole discretion and at any time discontinue providing the CSA COLLECTIONS, or any part thereof, with or without notice. You agree that any termination of your access to the images under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that CSA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the site. Further, you agree that CSA shall not be liable to you or any third-party for any termination of your access to the site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the site in any way, your only recourse is to immediately discontinue your use of the site and/or terminate your account.
Limitation of CSA Liability.
Use Site at Your Own Risk.YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE ASSOCIATED INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL ASSOCIATED CONTENT, DATA OR SOFTWARE, IS AT YOUR SOLE RISK.
Warranties.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CSA DOES NOT MAKE ANY WARRANTY THAT: (1) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS; (4) ANY DEFECTS WILL BE CORRECTED; OR (5) CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
Site Damages.YOU AGREE THAT CSA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES, COSTS OR LOSSES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN, UNLESS OTHERWISE STATED IN THIS AGREEMENT. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM INTERACTION WITH THE SITE OR DOWNLOAD OF RELATED IMAGES, DATA AND/OR SOFTWARE.
Special Damages.IN NO EVENT SHALL CSA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY BREACH OF ITS OBLIGATIONS OR WARRANTIES, EXPRESS OR IMPLIED ARISING OUT OF, OR RELATING TO, THIS AGREEMENT (INCLUDING LOSS OF PROFITS OR BUSINESS, LOST OPPORTUNITY OR LOSS OF BUSINESS REPUTATION), EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CSA Liability to You.CSA'S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR ANY DAMAGES OR LOSS YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO CSA OR ITS RESELLER FOR THE PRODUCT/IMAGE AT ISSUE.
Allocation of Risk.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CSA'S MODEST PRICING STRUCTURE JUSTIFIES SHARING LIABILITY WITH YOU AS OUTLINED ABOVE.
Exclusions.SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Injunctive Relief.You agree that the unauthorized use of CSA's images could do irreparable harm to CSA and the value of its property and that such harm cannot adequately be addressed by monetary damages. As such, you agree CSA is entitled to immediate injunctive relief, in addition to all other damages and claims available under law, in connection with the unauthorized use of its images.
Your Indemnification of CSA.You agree to indemnify, defend and hold CSA harmless against all claims (including claims by third parties), liability, damages, judgments, settlements, costs and expenses (including reasonable legal fees and expenses), arising out of or relating to: (a) your breach or alleged breach of any terms, conditions or restrictions of the license agreement; (b) your use or modification of any licensed material; (c) your failure to secure any permission needed from third parties to use the licensed material; and (d) any act or failure to act by you or any of your employees, contractors, employers, agents or other affiliates.
One-Year Period to File Cause of Action.Any cause of action you may have with respect to your use of the CSA COLLECTIONS must be commenced within one (1) year after the events from which the cause of action arises occurs. For example, any claim arising from your use of an image must commence within one year of your first public use of that image.
License Fees.CSA Images may not be used for any purpose unless a specific license for use has first been authorized and obtained in writing from CSA.
Please carefully select the proper CSA Images' file size because you are not allowed to increase the size of the purchased digital file. The largest available file size may also be available in a Vector format for unlimited enlargements.
Electronic Invoicing; Interest on Overdue Invoices.Licensee and Purchaser agree to receive invoices from CSA Images electronically via the email address associated with Licensee's and/or Purchaser's CSA Images account. If Licensee fails to pay CSA Images' invoice in full within the time specified in the invoice, CSA Images may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
Agreement Modification/Termination.CSA reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time, and to modify, suspend, or terminate this Agreement at any time for any reason without prior notice, including image pricing. You may not modify the terms of this Agreement absent written consent from CSA which clearly and conspicuously references the specific modification.
Discontinued or Recalled Images.At the sole discretion of CSA, images in CSA COLLECTIONS may be discontinued, replaced or withdrawn and an existing license for images may be revoked for any reason at any time without prior notice. Upon notice of any discontinuance of a license for a particular image, you agree to immediately and at your own expense stop using the image, remove all electronic or physical copies of the image from your possession, and make sure your clients do likewise. In the event an image has been revoked by CSA and you have been unable to make any use of an image already paid for within 30 days of purchase, you will be entitled to a refund of the purchase price. If the revoked image has been used or 30 days have passed, no refund is available.
Withdrawal.Upon notice from CSA Images or upon your knowledge that any licensed material is subject to a threatened, potential or actual claim of infringement of another's right for which CSA Images may be liable, you must immediately and at your own expense (i) stop using the licensed material; (ii) delete or remove the licensed material from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients do likewise.
Third Parties.Any dealings with vendors, advertisers, or other third parties on any website on which CSA COLLECTIONS may appear, or participation in any promotions, including the payment of goods and services, and any other terms, conditions, warranties or representations associated with such deals, are solely between you and the third party. CSA shall not be responsible or liable for any such transaction.
Confidentiality.You acknowledge that transmission to and from any website on which CSA COLLECTIONS may appear is not confidential, and your communications may be read or intercepted by others. You acknowledge that by submitting communications to any website on which CSA COLLECTIONS may appear, no confidential, fiduciary, contractually implied, or other relationship is created between you and CSA, except as stated in this Agreement. CSA may provide you with proprietary information regarding pricing, technical, marketing and other confidential information, which is either specifically designated, or objectively appears, to be confidential in nature. You agree to maintain the confidentiality of this information, and you agree not to use or disclose the information without the prior written consent of CSA.
Agreement Interpretation.If any provision of the Agreement, or portion thereof, is found invalid or unenforceable, the remainder of the Agreement shall remain valid and enforceable according to its terms. Accordingly, the parties agree that if any provisions, or portions thereof, are deemed unenforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties. Headings are for information purposes only and have no legal significance.
Relationship of Parties.No agency, partnership, joint venture, employee-employer or franchise or franchisee is intended or created by this agreement.
Force Majeure.If CSA's performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, flood, fire, other act of nature, acts of terrorism, acts of God or any other matter not within CSA's reasonable control, then the date for performance shall be extended by the time of such delay.
Choice of Law/Venue/Personal Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota and applicable federal laws, without regard to conflict of laws provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Minnesota. You specifically agree to personal jurisdiction in the state of Minnesota. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly disclaimed.
Entire Agreement.This agreement constitutes the entire agreement between CSA and myself with respect to my use of the CSA COLLECTIONS. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without CSA's prior written consent.
Information collected at this website.CSA will only collect personally identifiable information (such as name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through our website, phone or e-mail correspondence. We will collect general information (such as the type of browser you use, the files you request, and the domain name and country from which you request information) to improve our website and better meet your needs.
How collected information may be used.Personally identifiable information (such as name, title, company name, address, telephone number, or e-mail address) will be used by CSA to respond to your inquiries, supply you with requested information on CSA products and services, or track orders you place with CSA. It is CSA's policy to respect the privacy of its customers. CSA will not monitor, edit, or disclose any personal information about you or your use of the CSA website, including its contents, without your prior permission unless; a) CSA has a good faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process; (ii) protect and defend the rights or property of CSA (iii) enforce the terms and conditions of this agreement; or (iv) act to protect the interests of its customers or others, or; b) very infrequently CSA may exchange e-mail address lists with like minded companies. CSA may provide certain user information in aggregate form to third parties, including potential advertisers, for demographics and quantity purposes. Aggregate information does not reveal any personally identifiable information. (For example, aggregate information might identify that 70% of website users log in before 3:00 pm.) In addition, your Internet Protocol address is transmitted with each message sent from your account. Authorized third parties may be utilized by CSA to collect, track, and process such information. If you have submitted personal information to CSA electronically and would like it removed or modified, please contact us. We will use reasonable efforts to comply with your request.
Sale of the business.CSA will disclose information about you to a purchaser in the unlikely event that CSA sells all or a part of its business or if CSA is acquired by, or merged with, another entity.
Audit/Certificate of Compliance.Upon reasonable notice, you shall provide sample copies of reproductions containing licensed material to CSA Images. In addition, upon reasonable notice, CSA Images may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and use of licensed material in order to verify compliance with the terms of this agreement. If any such audit reveals an underpayment by you to CSA Images of five percent (5%) or more of the amount you should have paid for the time period that is the subject of the audit, in addition to paying CSA images the amount of such underpayment, you shall also reimburse CSA Images for the costs of conducting such audit. Where CSA Images reasonably believes that licensed material is being used by more than the authorized number of users, or that licensed material is being used outside of the scope of the license granted under this agreement, you shall, at CSA Images' request, provide a certificate of compliance signed by an officer of your company, in a form to be approved by CSA Images.
Restrictions On Your Use Of Csa Images
There are restrictions on your use of all CSA Images content. If your intended use of Content requires rights restricted by this section, we encourage you to contact our sales team at CSA Images.
You may not:
- Incorporate Content into merchandise or products for distribution and/or sale. Merchandise includes, by way of example but not limitation, t-shirts, mugs, posters, postcards, cellphone covers, computer skins, and other items, including so-called “print on demand” services. However, you may incorporate Content into printed publications, including but not limited to books, book covers, magazines and newspapers;
- Make Content available or use the Content in a digital format so that the Content can be reused by multiple third parties via templates or similar products;
- Use any Content together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property rights;
- Use any Content in such a way as to imply that any model depicted in the Content personally uses or endorses a product or service, or endorses any political candidate or controversial opinion without a clear and conspicuous disclaimer that the person depicted in the Content is a model;
- Use any Content depicting any model in a way that implies that the depicted person suffers from any physical or mental infirmity, ailment or condition, unless accompanied by a clear and conspicuous statement indicating that the person is a model and the Content is being used for illustrative purposes only;
- Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than CSA Images or its contributors.
- Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
If you use Content in connection with a book, e-book, magazine, newspaper, or on the internet, you must give credit and provide a copyright attribution to CSA Images. Such credit and attribution must be in substantially the following form:
Illustration Copyright csaimages.com
If you use Content in connection with a film, television broadcast, documentary or other video or multimedia presentation, you agree to use reasonable commercial efforts to accord CSA Images a credit as provided above.
All credits must appear on the copyright page or in the copyright section of the work into which the Content is incorporated. If there is no copyright page or section, the credit may be located any place on the work. In all cases the credit must be of a size, color and prominence that is clearly and easily readable by the unaided eye.
While CSA Images makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions on its sites, CSA Images makes no warranties and/or representations regarding such keywords or image descriptions.
You represent and warrant that if you are entering into this Agreement on behalf of an employer or other entity, you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to CSA Images for any breach of the terms of this Agreement.
You agree to indemnify and hold CSA Images harmless against any damages or liability of any kind arising from any use of any Content. You further agree to indemnify CSA Images for all costs and expenses that CSA Images incurs in the event that you breach any of the terms of the Agreement or any other agreement with CSA Images.
In order to best provide its services, CSA Images reserves the right to modify these terms at any time. If you do not agree with the changes, do not download any Content after the effective date of such changes. By downloading Content after such changes are effected, you consent to the changes.
CSA Images does not warrant that the Content, the CSA Images websites, or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the foregoing is solely with you.
You understand that you should seek competent counsel before using Content in connection with any commercial endeavors.
The validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Minnesota (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of Minnesota in the United States of America, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this agreement.
Except as expressly contained herein, neither CSA Images, CSA Design, nor its officers, employees, managers, members, shareholders, directors or suppliers will be liable for any damages, including actual, indirect, special, or consequential damages arising from the download or use of Content or the termination of your CSA Images account.
Csa Images License Agreement For Royalty Free Single Images And Cd Sets.
This is a legal agreement. The right to use these images is conditioned upon acceptance and agreement to be bound by all of the following terms and conditions for the use of these images. If you do not accept and agree to be bound by all of the terms and conditions for use, you may not use these images for any purpose.
The individual or company that purchased this royalty free collection for use on projects for themselves or their clients hereinafter shall be referred to as "Licensee." If this product was purchased on behalf of a company, this license may extend to 5 specific people who were employees of the company on the date this product was purchased. If you did not purchase this CD Set, or if on the date this CD Set was purchased you were not one of five specific employees of the purchaser, you may not use these images for any purpose whatsoever.
CSA Images grants the Licensee a nonexclusive, nontransferable right and license to use the royalty free images in this collection for the following purposes:
Images May Be Used For:
Advertising, promotion, communication, and editorial use in the following mediums: newspapers, direct mail, consumer magazines, trade magazines, television commercials, annual reports, billboards, point-of-sale displays, brochures, newsletters, invitations, internet banners, website graphics, impermanent signs, transit boards, sales kits, trade show displays, and any promotional items that are given away free of charge.
Images May Not Be Used For:
Product for sale, trademark, pornography, sublicensing, defamatory or libelous purposes (see below).
These images may not be used on product for sale such as t-shirts, mugs, cards, CD packaging, general packaging, hang-tags, books, and other products that are sold or as gift with purchase. (Editorial use by newspapers and magazines is permitted.) Further, these images may not be used in any type of style guide and may not be used as reference, a comp (comprehensive) or prototype for design or images that may be incorporated into a product that is sold. If you would like to use an image for any of these purposes, you must call CSA Images to purchase a written extended license.
These images may not be used in any application which is or relates to a pornographic, libelous, or infringing use. These images may not be redistributed, syndicated, resold, sublicensed, or placed online in an FTP or downloadable format. These images may not be used by any person or entity other than the Licensee for projects for the Licensee or the Licensee's clients. Since these images are licensed on a nonexclusive basis, they may not be used in any logo, trademark or service mark applications.
The software and coding contained on this CD-ROM is copyrighted material and may not be decompiled, reverse engineered, disassembled, or otherwise reduced to human readable form.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. CSA IMAGES AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THESE IMAGES. CSA Images reserves the right to decline to license these images to any Licensee at CSA Images' sole discretion. At the sole discretion of CSA Images, images contained in this CD Collection may be discontinued or be replaced with an alternative at any time without prior notice and any rights granted to use these images may be revoked, and you, your employer, and/or your client if applicable, agree not to use these images in the future. Upon notice of any discontinuance of a license for a particular image or collection, you shall be entitled to monetary compensation equal to the full amount paid for the CD Collection plus shipping expense.
If images featuring a person will be used in connection with unflattering or controversial subject matter, or used to imply connection to or endorsement of a product, the image must be accompanied by a statement that states the person is a model used for illustrative purposes only.
Advertising agencies that have or are listed as having billings in excess of $100 million dollars may only use these images for advertising related comps (comprehensives), client pitches, and client presentations. For all other purposes, images must be licensed from CSA Images on a fee-per-use basis.
This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to conflict of laws or provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the state of Minnesota.
Editorial Credits: Images used for editorial purpose must be accompanied by the following credit: "Image(s) by csaimages.com" or "Illustration by csaimages.com"
NOTE: This product may not be returned for a refund or exchanged for an alternate product after the seal has been broken. However, if this product is found to be defective, return it within 90 days of purchase and CSA Images will replace it.
In addition to the above terms, all terms of the CSA Images End User License Agreement (EULA) also apply to your use of CSA Images. You are responsible for reading these terms before accessing any CSA Images, and your acceptance of all the above terms and the terms in the CSA EULA are evidenced by your accessing of CSA Images.
All images on this website are copyright 2011 CSA Images. The names CSA, CSA Archive, Plastock, Snapstock, Printstock, CSA Images, and Pop Ink are registered trademarks of CSA Images, Inc.