By using this site and/or downloading any material, you agree to be
bound by this Agreement.
This agreement applies to you, and if you are using this website on your
employer's behalf, to you and your employer. Celebrity Pictures reserves the
right to change this Agreement from time to time at its sole discretion, and
your use of the site will be subject to the most current version posted on the
site at the time of your use. If you do not wish to be bound by this Agreement,
do not accept this Agreement and do not use this site or download or use any
Images.
Permitted Use of this Site
This site is owned and operated by Celebrity Pictures. All images and related
informational materials in any medium furnished by Celebrity Pictures
hereunder, including related text, captions, or information (collectively
referred to as "Images") are owned by Celebrity Pictures or our Image
providers. All Images are protected by US and international copyright laws.
This site contains both Images that depict a visible watermark ("Low Resolution
Watermarked Images") and Images that do not contain a visible watermark ("High
Resolution Non-Watermarked Images"). Celebrity Pictures allows you to search
for, view, and use Low Resolution Watermarked Images only as permitted below.
If you have registered for a Celebrity Pictures account and Celebrity Pictures
has approved your registration, you may be able to access High Resolution
Non-Watermarked Images, which shall be used only as permitted below. You may
not remove any copyright or other proprietary notices contained in the Images,
caption information, or any other material on this site. Celebrity Pictures
reserves the right to revoke your authorization to view, download and use the
Images and information available on this site at any time, and you agree to
immediately discontinue your such use upon written notice from Celebrity
Pictures. All rights not specifically granted under this Agreement are reserved
to Celebrity Pictures. Additionally, you may not employ software to "crawl" or
search our website and/or retrieve Images or related information.
Celebrity Pictures may immediately terminate all licenses granted to you without
notice if you fail to comply with any provision of this agreement or with
Celebrity Pictures' Standard Terms and Conditions applicable to your use. If a
license is terminated, you agree to immediately (i) stop using this site and
the Images, (ii) delete all Images and all copies from all magnetic media and
destroy all other copies, or at Celebrity Pictures' request return all such
copies to Celebrity Pictures. Your use of this site and any Images shall comply
with all applicable law. Celebrity Pictures may restrict or remove your access
to this site at any time, or restrict or remove the use of any Image for any
reason, and may replace the Image with another Image, and you agree to
immediately discontinue all use of the Image upon notification from Celebrity
Pictures.
Despite our efforts to provide accurate information, this site may contain
technical or other mistakes, inaccuracies or typographical errors.
Additionally, this site and any Images may include historically and culturally
important images and text that may contain subjects that reflect the social
attitudes and circumstances of a particular time or location. You should be
aware that your search may display results containing content that may seem
inappropriate to its context, or text that could be potentially offensive. You
are solely responsible for determining whether your use of any Image requires
the consent of any third party or the license of any additional rights, and you
should not rely solely on the information provided by Celebrity Pictures. If
you are unsure whether additional third-party rights are needed for your use,
you are responsible for consulting with competent rights management
professionals or legal counsel.
As a convenience, our site may link to other sites that may be of interest to
you but are not under Celebrity Pictures' control. These links do not imply
endorsement by Celebrity Pictures and we are not responsible for the
availability of or the content contained in any linked site. The Celebrity
Pictures site may contain or use technology that provides Celebrity Pictures
and its affiliates with information regarding your use of this site, or which
permits Celebrity Pictures to audit your compliance with this Agreement via the
use of software designed to track and identify Images. Please consult Celebrity
Pictures Privacy Policy for specific information on Celebrity Pictures policies
for use of your personal information.
Registering For A Celebrity Pictures Account
To obtain access to High Resolution Non-Watermarked Images, you may apply for a
Celebrity Pictures account and you agree to furnish true and accurate
information. Celebrity Pictures reserves sole discretion over whether to grant
you an account, and you agree to access the authorized sections of the website
and your account only by using the Username and Password chosen by you and
approved by Celebrity Pictures. You are responsible for maintaining the
confidentiality of your Username and/or Password, if applicable, and you shall
not distribute this access information or allow others to use this access
information to gain access to this site. You agree to take reasonable steps to
prevent others from obtaining your access information and to notify Celebrity
Pictures of any unauthorized access or need to update or remove access for any
of your employees or agents. You shall be liable for payment for all Images
downloaded by others using your account, with or without your permission or
knowledge prior to the time that you notify Celebrity Pictures of any
unauthorized use. You agree that you shall not acquire any rights of use,
ownership, or bailment as a result of using any Celebrity Pictures account or
website or related services.
Your Use of All Images
"Images" include without limitation all digital images and any related textual
information (including captions and credits). Images include visibly or
electronically Watermarked Low Resolution Images or High Resolution
Non-Watermarked Images.
Use of 'Low Resolution Watermarked' Images
Conditioned on your compliance with this Agreement, Celebrity Pictures grants
you a limited license to download Watermarked Images solely for evaluating
whether you wish to purchase a license to the Non-Watermarked Image according
to the Standard Terms and Conditions applicable to your use. You may use the
Low Resolution Watermarked Images for your internal "comps" and layouts to
assist in your evaluation. You may not use a Low Resolution Watermarked Image
in any final materials distributed within your company or any materials
distributed outside of your company or to the public or in any online or other
electronic distribution system. You may not modify, alter, or remove any
visible or electronic watermark, or disassemble, reverse engineer, or decompile
any Image. Except for this limited, internal testing and sample use, Celebrity
Pictures grants you no other rights, and you may not distribute, sublicense or
make available for use or distribution any Watermarked Image.
Use of 'Low Resolution Non-Watermarked' Images
Your use of Non-Watermarked Images shall be governed solely by the Standard
Terms and Conditions applicable to your use. Only Authorized Users may access
and download Non-Watermarked Images.
Celebrity Pictures' Standard Terms and Conditions
These Traditional Licensing Terms and Conditions apply to your use of any image
included in the on-line Celebrity Pictures database of High Resolution
Non-Watermarked Images.
Listed Restrictions
Images may contain listed restrictions, including without limitation
restrictions as to time, manner, industry and territory of use. Your ability to
access an Image does not in itself entitle you to use that Image. Use of any
Image contrary to a listed restriction is prohibited. If you do not understand
or are unsure as to any restriction, you must contact Celebrity Pictures prior
to download or use of any Image.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark, or
for any pornographic use, unlawful purpose or use, or to defame any person, or
to violate any person's right of privacy or publicity, or to infringe upon any
copyright, trade name, trademark, or service mark of any person/entity.
Unauthorized use of these Images constitutes copyright infringement and shall
entitle Celebrity Pictures to exercise all rights and remedies under applicable
copyright law, including an injunction preventing further use and monetary
damages against all users and beneficiaries of the use of such Images. The
foregoing is not a limiting statement of Celebrity Pictures' rights or remedies
in connection with any unauthorized use.
Sensitive Subjects
Any license granted by Celebrity Pictures shall not constitute a representation
that an Image is compatible for use with any other material. You are solely
responsible for the use of any Image in combination with any other material,
and you agree not to use Images with sensitive topics without Celebrity
Pictures' separate written agreement. Sensitive topics include, without
limitation, topics that may depict the subject matter of an Image in a negative
or unfavourable light or subject persons to ridicule, and topics regarding all
sexual issues, substance abuse, physical or mental abuse, alcohol, drugs,
tobacco, AIDS, cancer, or serious physical or mental ailments, or the
disparagement of a person or product. Certain Images may be available for use
with sensitive subjects, you must contact Celebrity Pictures for additional
information prior to any use of an Image with any sensitive topic.
Model and Property Releases/Clearances
The rights Celebrity Pictures grants to you do not include a license to any
persons, places, property, or subject matter depicted in an Image, which may be
subject to copyrights, trademarks, rights of publicity, moral rights, property
rights or other rights belonging to third persons. You shall assume that no
model or property releases, or other releases or licenses exist in connection
with any of the Images, unless specifically stated in a separate writing by
Celebrity Pictures. Celebrity Pictures makes no representations or warranties
that it owns or licenses any rights nor does Celebrity Pictures grant you any
rights including copyright, trademarks, or rights of publicity belonging to any
person, place, property, or subject matter depicted in any Image. Further,
Celebrity Pictures makes no representation or warranty as to the accuracy of
any information provided with the Images. You are solely responsible for
determining whether your use of any Image requires the consent of any third
party or the license of any additional rights, and you should not rely solely
on the information provided by Celebrity Pictures. If you are unsure whether
additional rights are needed for your use, you are responsible for consulting
with competent legal counsel.
An Image designated as "model released" means that the person depicted in the
Image has signed a release permitting reproduction of the Image depicting such
person, subject to the restrictions contained in this Agreement, including
without limitation sensitive subject uses. If Celebrity Pictures erroneously
advises you that an Image is model-released when it is not, Celebrity Pictures
' liability shall be limited to the amount you paid Celebrity Pictures for use
of the Image. If an Image depicts a person and is used in a manner that implies
the use or endorsement of a product or service by that model, you must indicate
that the person depicted is a model and used only for illustrative purposes.
Any license granted by Celebrity Pictures is conditioned upon your obtaining
all necessary third-party rights, releases and permissions. You agree to
provide Celebrity Pictures with proof of such releases and permissions upon
request.
Celebrity Pictures Trademarks
You may not use the trademarks or service marks of Celebrity Pictures without
Celebrity Pictures' prior written consent. Celebrity Pictures and the Celebrity
Pictures logo are registered trademarks of Celebrity Media Group.
Indemnification
You agree to indemnify, defend, and hold harmless Celebrity Pictures against all
claims, liability, damages, costs and expenses, including reasonable legal fees
and expenses, arising out of or related to (1) a breach of this Agreement, (2)
the use of this site and the use of any Image either alone or in combination
with any other material, (3), your failure to abide by any restriction
regarding the use of an Image, or (4) any claim by a third party related to the
use of an Image, alone or in combination with any other material.
Disclaimers
Celebrity Pictures provides you with its site and images on an "as is" basis.
Celebrity Pictures makes no warranty, express or implied regarding any images,
its site, the accuracy of any information, or any rights or licences under this
agreement including, without limitation, any implied warranties of
merchantability or fitness for a particular purpose, or non-infringement, or
that the site or any service will be uninterrupted or error-free.
Except for any liability which cannot by law be excluded or limited, neither
Celebrity Pictures nor any Celebrity Pictures affiliate shall be liable to you
or any third party claiming through it for direct, indirect, incidental,
special or consequential damages arising out of, or relating to the use of the
images, whether framed as a breach of warranty of merchantability or fitness
for a particular purpose or non-infringement, upon any legal theory, in tort,
contract, failure of essential purpose, or otherwise. In no event shall
Celebrity Pictures' or its affiliates' liability for your use of any image
provided hereunder exceed the greater of (I) the amount invoiced and paid by
you for the use of that image, or (II) $500
Notification Of Copyright Infringement
Celebrity Pictures may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work has been
used or copied in a way that constitutes copyright infringement and such
infringement is occurring on Celebrity Pictures' site, send Celebrity Pictures'
copyright agent a notice containing: (i) a physical or electronic signature of
the copyright owner or person authorized to act on behalf of the copyright
owner; (ii) a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s) is claimed
to be infringing; (iii) a description of where the material that you claim is
infringing is located on the Celebrity Pictures site; (iv) information
sufficient to permit Celebrity Pictures to contact you, such as your physical
address, telephone number, and email address; (v) a statement that you have a
good faith belief that the use of the material you identified is not authorized
by the copyright owner, its agent, or the law; and (vii) a statement by you
that the information in your notice is accurate and, under penalty of perjury,
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
Choice of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the laws of the State
of New York and applicable U.S. Federal law, including Title 17 of the U.S.
Code, as amended. The parties agree to accept the exclusive jurisdiction of the
state and federal courts located in New York, USA. This Agreement shall not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly disclaimed. The parties
hereto confirm that it is their wish that this Agreement as well as any other
documents relating hereto, including notices, has been and shall be written in
the English language (Les parties aux presentes confirment leur volonte que
cette le convention de meme que tous les documents y compris y tout avis qui
s'y rattache soient rediges en langue anglaise). In any dispute between
Celebrity Pictures and you, Celebrity Pictures shall be entitled to recover its
reasonable attorneys' fees, legal expert fees, and other legal expenses from
you.
No Waiver / Severability
No action of Celebrity Pictures, other than an express written Waiver or
Amendment, may be construed as a waiver or amendment of this Site Usage
Agreement. Should any clause of this Agreement be found unenforceable, wherever
possible this will not affect any other clause and each will remain in full
force and effect.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree
to be bound by all its terms and conditions. This document constitutes the
entire agreement between the parties with respect to the subject matter hereof
and merges all prior and contemporaneous communications. This Agreement shall
not be modified except by a written agreement signed by duly authorized
representatives of Celebrity Pictures, provided that no purchase order or
similar document issued by you shall modify this Agreement even if signed by
Celebrity Pictures. If any provision of this Agreement is found invalid or
unenforceable, the remainder of this Agreement shall remain valid and
enforceable according to its terms. The parties intend that the provisions of
this Agreement be enforced to the fullest extent permitted by applicable law.
Accordingly, the parties agree that if any provisions are deemed not
enforceable, 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 to this Agreement as is possible. 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 Celebrity
Pictures' prior written consent.
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