TERMS & CONDITIONS / END-USER LICENSE AGREEMENT:
By purchasing and downloading images from 5ifthpic.com, you agree to the following terms and conditions as outlined here and as listed elsewhere on this website.
This agreement is made by and between 5ifthpic.com and you the purchaser. 5ifthpic hereby represents that it owns all rights and copyrights to all materials listed on this website for sale or for free downloads, and all rights to said materials shall remain the exclusive property of 5ifthpic.com.
By downloading any materials from 5ifthpic.com you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this agreement.
5ifthpic.com grants a nonexclusive, nontransferable license to you for images you purchase.
NON-EXCLUSIVE LICENSE FOR IMAGES:
This means the same image will be sold to several buyers, but not to worry. Chances are you’ll never see the same image you purchase used by someone else on or offline.
A. YOU AGREE TO ACCESS, ACQUIRE, AND USE OUR MATERIALS AS FOLLOWS:
1. As part of an offline presentation such as: Calendars, menus, magazines, books, music CD covers, book covers, school projects and newspapers.
2. In the development and creation of marketing, promotional, or advertising materials, including newsletters, brochures, mailers, print ads, packaging, PowerPoint presentation and flyers.
3. As part of a design element of a website, video, film, television broadcast, CD cover, or video game.
4. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
B. USER’S RESTRICTIONS ON THE USE OF OUR MATERIALS. YOU AGREE NOT TO USE OUR MATERIALS IN ANY OF THE FOLLOWING MANNERS:
1. You may not, under any circumstances use the materials from 5ifthpic in website templates or any template or design sold individually or as part of an archive or catalog collection, t-shirts, mugs or any other applications that sells our images.
2. You may not share, sell, give, or allow anyone to use your username or password or access your account for any reason.
3. You may not distribute, share, sell, or give away any of our materials for any reason whatsoever.
4. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
5. You may not under any circumstances use our materials in connection with any illegal, obscene, immoral, or pornographic material.
6. You understand that materials on this site are copyrighted and owned by 5ifthpic.com only, and any unauthorized use by you may be an infringement upon said copyright.
C. ALL MATERIALS ARE MADE AVAILABLE TO YOU “AS IS.”
1. 5ifthpic.com its employees, owner and anyone else associated with 5ifthpic.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. We further make no representation or warranty that your usage of 5ifthpic.com will be uninterrupted or error free when you login. You do so at your own risk.
5ifthpic.com, its employees, owners or anyone else associated with 5ifthpic.com shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the materials. 5ifthpic.com, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using 5ifthpic.com, and for accessing, acquiring, and/or using materials from 5ifthpic.com
AGE OF MAJORITY:
1. You declare that you are of the age of majority, and accessing an account at 5ifthpic.com shall serve as confirmation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement.
2. You will not use these materials in any way that is not permitted in this agreement or in violation of this agreement. Your use of these materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to 5ifthpic.com is accurate and true, including all credit card information.
3. You agree to fully, indemnify and hold harmless 5ifthpic.com, its employees, owners or any other entity associated with 5ifthpic.com free from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses arising in connection with your use of the materials from this website or of any breach or alleged breach of any representation, warranty, or other promise made by to you in this Agreement.
1. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
2. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically or by any other method set out on this site.
Thank you for shopping with us