End User Licensing Agreement
1.1 This Agreement is between The Photo Forest and the user (“You”) who downloads Content (as defined below) from The Photo Forest website (the “Site”)
2. Meaning of “Content”
2.1 For the purpose of this Agreement, “Content” is defined as any video footage, image or photo owned by The Photo Forest or its authorised contributors and have been made available for download on The Photo Forest website.
3.1 You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from The Photo Forest, you acknowledge that you have read, understood, and accepted the Terms and Conditions of this Agreement.
3.2 The Photo Forest represents to the best of its knowledge that it owns all rights or has all requisite authority and licences, including all copyrights, in and to the Content, or, is authorised to allow you to access, acquire, and use Content under the Terms and Conditions of this Agreement.
3.3 Please note: Such representation will be deemed inapplicable with regards to Content which proves to be subject to the ownership or rights of any third party (other than The Photo Forest) without the reasonable knowledge or fault of The Photo Forest.
3.4 The copyright and all other rights of the Content shall remain with The Photo Forest and its respective suppliers.
TERMS AND CONDITIONS OF USE
You agree to access, acquire, and use the Content under the following Terms and Conditions. These Terms and Conditions constitutes a legal Agreement between You and The Photo Forest.
4.1 The Photo Forest Membership is by paid subscription only.
4.2 All applications for subscriptions are via the online form on The Photo Forest website.
4.3 Upon approval of your application you will be issued with a username and password for your exclusive use only.
4.4 You may not allow anyone else to use your username or password.
5. Subscription Rates
5.1 The Photo Forest subscription rates is a monthly rate published on The Photo Forest website.
5.2 The Photo Forest reserves the right to change the subscription rate at any time.
5.3 Any changes to published rates will published on The Photo Forest website and will come into effect at the renewal of your current month subscription.
5.4 All subscription rates are in US dollars.
5.5 From time to time The Photo Forest will run promotions which may include promotional rates, however these promotions will be time limited and may be published on The Photo Forest or offered through other marketing channels by The Photo Forest.
6.1 All monthly subscriptions are prepaid one month in advance.
6.2 All payments are processed through our Third Party Payment Procession Partner.
6.4 You understand that by purchasing Membership you are bound by the terms and conditions of the Third Party Payment Procession Partner in relation to processing of your payment.
7. Requestion Photos
7.1 All requests for photos must be via the Photo Request Form in the Membership site.
7.2 The Photo Forest will do its best to provide photo(s) to meet the Member request requirements within 3 weeks of receiving a request.
7.3 The Photo Forest does not guarantee that or warrant to provide a photo(s) that meet the request within 3 weeks of the request or at any time, however you will have access to over 1000 photos in over 10 categories for unlimited downloads.
7.4 You may download any photo in The Photo Forest Membership Site unlimited times.
7.5 To maintain currency and freshness of content once a photo has been downloaded by 100 unique subscribers it will be removed from The Photo Forest Membership Site and will no longer be available for download.
7.6 The Photo Forest reserves the right to re-introduce a photo removed at any time.
7.7 Members will be notified by email and publication on The Photo Forest website of new photos added to The Photo Forest Membership Site available for Member download.
8. Cancellation of Membership
8.1 You may cancel your membership at any time by cancellation your recurring payment with the Third Party Payment Processing Partner.
8.2 It is your responsibility to cancel any such payment before the due date of the next recurring payment.
8.3 The Photo Forest is not responsible for cancelling your recurring payment.
9. Refund of Subscription
9.1 The Photo Forest will not refund of subscription (monthly) for change of mind. If you change your mind, please cancel your subscription and recurring payment for subsequent months.
9.2 The Photo Forest will consider a refund in circumstances where you are unhappy with the service provided or the quality of the photos AND where you have provided evidence of your claim AND have notified The Photo Forest of your claim and request for refund within 7 days of your purchase of subscription to The Photo Forest Membership Site.
9.3 The Photo Forest will only refund to the extent of one month’s subscription upon request via email to email@example.com.
9.4 The Photo Forest reserves the right to refuse a refund if The Photo Forest determines you have downloaded what may be considered an excessive number of photos prior to seeking a refund. This number is determined by The Photo Forest.
10. Copyright and License to Use (End User Licence Agreement)
10.1 The Photo Forest grants you a nonexclusive, non-transferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
10.2 You may, subject to the Terms and Conditions of this Agreement, access and download and use the Content via The Photo Forest, and use the downloaded Content for the following purposes, provided you do not violate the rights of any third party:
a) as a part of commercial or advertisement purposes in magazines and newspapers.
b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging of promotional materials.
d) in connection with your business or entity, e.g.: corporate identity documents, and letterhead.
e) as decor in an office, lobby, or public area, restaurant, or retail store.
f) in a PowerPoint or similar presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: “Certain images and/or photos on this page are the copyrighted property of The Photo Forest, its Contributors, or Licensed Partners, and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from The Photo Forest.”
g) as design elements in video, film, or television broadcasts; and / or
10.3 You may NOT:
a) distribute the Content, electronically or in hard copy, except as specifically authorised under paragraph 3 above;
b) authorise any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
c) share Content across a network or service, on a CD or DVD or any media, or in any other way that enables Content to be accessed by any third party (subject to the provisions in this Agreement), downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
d) under any circumstances, use automated or programmatic means or methods to download Content;
e) use Content in any logo or part of any trademark;
f) under any circumstances, use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.
g) use Content as a part of a physical item, software or template that is to be resold.
10.4 You understand that Content is copyrighted and may be owned by a third party, and any unauthorised use by you may be an infringement of such copyright.
11. Account Management
11.1 You understand and agree that The Photo Forest may, in its sole discretion,
a) monitor anything you download from the Photo Forest website, as frequently as The Photo Forest in its sole discretion determines, for any violation of this Agreement,
b) limit downloads to a fixed amount of total downloads per 24-hour period, per user, as to insure the best possible service to all The Photo Forest subscribers,
c) track any abuse of your username and password in connection with the Photo Forest website or sites or in connection with this Agreement,
d) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and
e) terminate your account, without notice, if it finds what The Photo Forest believes to be any violation of this Agreement and/or any abuse of your username and password.
f) If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to The Photo Forest Content, must immediately delete all Content acquired from The Photo Forest, and forfeit all fees paid.
12.1 The Photo Forest and the Content are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”
12.2 The Photo Forest, its employees, directors, and officers, and anyone else associated with The Photo Forest disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of The Photo Forest will be uninterrupted, error free of computer viruses or other damaging materials.
12.3 When you access and acquire Content, you do so at your risk.
12.4 You understand and acknowledge that neither The Photo Forest, its employees, directors, and officers, nor anyone acting on behalf of the Photo Forest website or sites has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
12.5 You understand that you should seek independent legal advice before using Content on or in connection with any goods or services or for any other commercial purposes.
12.6 In no event will The Photo Forest, its employees, directors, and officers, or anyone else associated with The Photo Forest be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if The Photo Forest has been advised of the possibility of such damages. In no event will the liability of The Photo Forest, its employees, or related parties exceed the amount paid by you for accessing or using The Photo Forest and for accessing, acquiring, and/or using Content from The Photo Forest to the extent of one month subscription only.
12.7 You represent and warrant that:
a) you are at least 18 years of age and have the right to enter into this Agreement;
b) you will not use the Content in any way that is not permitted by this Agreement;
c) your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
d) the information you provide to The Photo Forest Sites is accurate and true, including, without limitation, all credit card information.
e) any account(s) opened or maintained by You on The Photo Forest website will only be accessed and used by You for the purposes and on terms and conditions stipulated on The Photo Forest website and in this Agreement, and You shall ensure that no person other than You shall have access to or use your account(s) or password(s) to such account(s).
13.1 You agree to fully defend and indemnify The Photo Forest, its employees, directors, and officers, and anyone else associated with The Photo Forest, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach or of any falsity, inaccuracy or misrepresentation of any representation, warranty, or other promise made by You in this Agreement.
13.2 This Agreement constitutes the entire agreement between you and The Photo Forest regarding its subject matter.
13.3 Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.
13.4 Failure by The Photo Forest to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
13.5 The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and the Laws of Hong Kong.
13.6 This Agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.
13.7 Any person or entity who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
You have agreed and reaffirm your agreement to conduct this transaction electronically.