Your Agreement with the Photographer/Artist

The following is a legal agreement between you and the copyright owner of the photo you are licensing (“the photographer/artist”). By purchasing and downloading the image you agree to be automatically bound by the terms of this agreement without any other conditions or declarations. If you do not agree with these terms please do not purchase or download the image.

All images and photographs on ClusterShot are copyrighted and they are the properties of the photographers and artists who have created and uploaded them. All rights are reserved unless otherwise granted to you. Use of images on ClusterShot is subject to this agreement and any other agreements you make separately with the photographer/artist.

After ClusterShot confirms the photographer/artist has received your payment, the photographer/artist hereby grants to you a non-exclusive, non-transferable license to use the image on the terms and conditions explained in this agreement.

You are welcome to use the image:

• On websites, in multimedia presentations, in broadcast film and video, and emails, etc.
• In printed materials, such as magazines, newspapers, posters, books, brochures, flyers, CD/DVD covers, etc.
• To decorate your home, your office or any public place.

You may not use the image:

• For pornographic purposes.
• Illegal or immoral purposes.
• To spread hate or promote discrimination.
• To defame or victimize other people, societies, or cultures.
• To endorse products and services (if the image contains an identifiable person).
• As part of a trademark, service mark or logo.
• For selling, reselling, or redistribution either in digital or printed form.

Additional Usage

If you have any questions about or would like to inquire about other or more specific usages of the image please check with the photographer/artist.

Information on Rights

If you require a model release for an image with identifiable people in it, please request it from the photographer/artist.

Ownership

You acknowledge that by licensing and downloading a copy of the image the ownership of the image does not get transferred to you and you can not claim that it is yours. Your license is non-transferable, which means that you are not allowed to sell, rent, give, sub-license, or otherwise transfer the image or the right to use the image to anyone else. The work you create with the image must be used either by yourself, an authorized agent, or by your client. You warrant that you will do your best to prevent third parties from duplicating the image.

Warranty and Liability

The photographer/artist provided the image “as is”. This is no warranty, explicit or implied, regarding any image, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The photographer/artist does not represent or warrant that the the images will meet your requirements or that its use will be uninterrupted or error free.

The photographer/artist shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website or the images.

Your Usage Agreement with ClusterShot, Inc.

If the photographer/artist provides a model release to you for the image ClusterShot does not represent or make warranties whatsoever as to the legality or validity of it.

Certain images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. ClusterShot does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It’s your sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the image. If you have any questions about these rights please clarify them with the photographer/artist.

Additional Terms

ClusterShot cannot be held responsible for any copyright violations, and cannot guarantee the legality of the images stored in its system as it is an open system that anyone can upload to. All license, copyright, and legal issues should be dealt with directly with the photographer/artist.

Indemnification

You agree to indemnify, defend, and hold harmless ClusterShot, Inc. and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this agreement, the use of ClusterShot and the use or the inability of use of any image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image.

Warranty and Liability

ClusterShot and the images are provided “as is”. We offer no warranty, explicit or implied, regarding any images, the website, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Clustershot.com does not represent or warrant that the website or the images will meet your requirements or that their use will be uninterrupted or error free.

ClusterShot, Inc. shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website or the images.