Last updated 28 November 2012
You MAY use the photo:
- In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
- In an Editorial context, i.e. using the photo to explain, illustrate, comment on or graphically design the text within text-based publications.
- In digital format on websites, multimedia presentations, broadcast film and video, mobile/cell phones.
- In computer software or mobile apps.
- Along with your corporate identity on stationery, business cards, letterheads, etc.
- To decorate your home, office or any public place.
- Images can be modified to fit your requirements, however, they will still be subject to this license regardless of the extent of the modification.
You MUST NOT use a photo:
- As part of a trademark, service mark or logo.
- In website templates that you intend to sell or distribute.
- For creating printed reproductions that you intend to sell.
- On ‘print on demand’ items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress).
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures.
- In a way that can give a bad name to Photogen or any person(s) depicted in the image.
- Selling and redistribution of the image (individually or along with other images) is strictly forbidden.
- Do not pass the image on to a third party.
- You may not redistribute any of our images, modified or unmodified, on any medium and offer them for redistribution or resale in a fashion that would violate this license.
Downloading a photo does not transfer the ownership of the image to the downloader and you must not claim that it is yours. Your license is non-transferable, which means that you are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the image to anyone else.
Photogen.com collects some information about its users for statistical purposes. Photogen.com holds your data confidentially, it will not be given or sold to any third parties and it will not be seen by the public.
You agree to indemnify, defend, and hold harmless Photogen.com 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 this site 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
THE WEBSITE 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. PHOTOGEN.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.
PHOTOGEN.COM 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.