Membership Agreement

The following is a legal agreement (the “Agreement”) between you or the employer or other entity on whose behalf you are entering into this Agreement (“you”) and GETMILITARYPHOTOS LLC (“GetMilitaryphotos”). Please read this Agreement carefully before downloading any images (“Image” or “Images”) from GetMilitaryphotos.com website (“Site”).

To download any Content from the Site, you agree to be bound by this Agreement, the GetMilitaryphotos’s Privacy Policy and GetMilitaryphotos’s Terms of Use, all of which are incorporated herein and made a part hereof by this reference. Your failure to comply with the terms hereof could result in the immediate termination of your account.

GetMilitaryphotos reserves the right to amend this Membership Agreement in separate parts or in whole at any time. Please make sure that you read and understand all changes. If at any time you can no longer follow the rules and terms given below, you should immediately stop using the Site.

Access and Account

We reserve the right to modify, suspend or terminate access to the member login area, the availability of any Content or the upload, download or other functions that we provide as part of the Service at any time for any reason, without notice or refund. This includes the right to request you to change your login information or password. We also reserve the right to delete all images and illustrations files associated with your account and/or other information you have on our system.

You are responsible for all activities that occur under your account. You agree to maintain the security of your login information and password for the Service and notify us immediately of any unauthorized use of your account.

Use of Content

You acknowledge that the Site contains or may contain information, software, artists, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, “Content”) which is protected by copyright, trademark or other proprietary rights of GetMilitaryphotos.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, unless otherwise is expressly allowed in this Membership Agreement and any other agreement entered into at the time such Content was downloaded.

Content is provided to the Site through members entering into an Artist’s Supply Agreement, either on an exclusive or non-exclusive basis (each, a “Supply Agreement”). Subject to the provisions of the applicable Supply Agreement, you may post on the Site any Content owned wholly by you. You may download Content only in accordance with the terms of this Membership Agreement and the then applicable License Agreement.

Licence terms and Usage Rights

You acknowledge that all Images on the Site are protected by international copyright laws and treaties. GetMilitaryphotos and/or the various artists (“Contributors”) who provide Images to GetMilitaryphotos own all rights, including the copyrights in and to the Images. By this Agreement, you are to grant a licence by the relevant Artist to use that Content on the terms set out below. The type of rights that you will be granted will depend on whether you choose to download Content under a standard licence or extended licence. If you are unsure whether use is permitted under your licence, please contact us.

Standard licence terms

The standard licence entitles you to use and reproduce the Content for commercial purposes in the following ways:

Print and production runs up to a combined total of 250,000 units of the following products and materials:

marketing and advertising, tv shows, film, video or TVC, promotional graphics;

promotional (free) Apps, software, video games, mobile applications ,device firmware and computer GUI design, your website, blogs and online digital publications;

promotional prints, posters,business cards, pamphlets, brochures, postcards, greeting cards and calendars, stationery, T-shirts;

publishing, books and book covers, textbooks, your business packaging, labels,editorial in magazines and newspapers, general editorial and newsletters, flyers, brochures and catalogues (in digital or hard copy);

website design, online products, presentations, ebooks, screen savers and digital banner advertising,

provided that (excluding books and book covers, product packaging, editorial in magazines and newspapers, general editorial and newsletters, T-shirts) you do not allow directly or indirectly any of these items to be resold or made available to anyone else for profit or any other consideration and subject to the restrictions below. This limitation does not prevent you from being hired, contracted or engaged by a third party to incorporate the Content in the items listed above, provided that the third party will not allow any of those items to be resold or made available to anyone else for profit or any other consideration. You will be responsible for the third party’s use of the items in such circumstances.

YOU MAY NOT:

Use an Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or otherwise endorse or imply the endorsement of any goods and/or services;

Sell, rent, lend, assign, transfer, distribute or try to sub-license or any other third parties;

Directly or indirectly copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times;

Use the Content in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property reflected or described in the Content into disrepute;

Share Images by providing access to such Images on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise;

incorporate the Content directly in any product that will be available for re-distribution or re-use of the Content (such as flash web sites, web templates, design template applications etc) or otherwise make the Content available in a manner such that a person can extract or rip or reproduce the Content in its electronic Vector form;

Use Images from GetMilitaryphotos as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement. Additionally, Images must be an integrated, inseparable part of a product and must constitute less than 50 percent of the overall product area, page layout or design;

Use of any part of any purchased GetMilitaryphotos content on a competing website or business in any media format;

Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image;

Use the Content or any part of the Content in any way that competes with GetMilitaryphotos, or in business in any media format or in any situation that we regard as being a conflict of interest between us and you;

Resell the Content in any format, including any that will allow a third party access to the Content in a digital format (eg. EPS, AI, Flash, SVG etc).

If you wish to allow more than one person in your organization to use the Content, resell a product that uses or contains our Content, or make a print or production run using the Content exceeding 250,000 units, you must purchase an Extended Licence.

Extended licence terms

The extended licence entitles you to use and reproduce the Content for commercial purposes, including for resale in Non-Vector Formats, in an unlimited number in the following ways:

Incorporate Images on products for resale, including shirts, fabric prints, hats, flags, postcards, posters, mugs, calendars, stationery items(folders, notebooks, pens, pencils, stickers and other reproductions for personal or business use);

Digital reproduction in non-vector formats on websites that allows creation of custom products such as shirts, posters,gifts etc;

Commercial (paid) Apps, software, gaming and computer GUI design, website design;

Electronic templates for resale on websites, advertising banners; templates of presentations (PowerPoint, Flash, etc.); other templates; screen savers; wallpapers; e-cards,digital banner advertising, software (for desktop and mobile devices);

Sharing the Content with other people within your organization and without deleting the Content files from the computer and devices of the transferring person;

Advertisements in newspapers or magazines, printed advertising materials;

Marketing and design, promotional graphics, broadcast TV, film commercials, flyers, brochures,business cards, posters, billboards, textbooks, book covers and catalogues (in digital or hard copy), CD/DVD covers; wrappers, labels or product packaging;

Promotional postcards, flyers, greeting cards, and calendars;

Logo and branding design;

Online or electronic publications or uses, including web pages

All rights, including copyright and all other intellectual property rights, in and to the Content are reserved by GetMilitaryphotos for itself and its Contributors. On behalf of the Contributors, we may terminate any licence granted to you during your use of the Service (by sending you notice via the e-mail address registered to your account) at any time if you breach the terms of this Agreement or the GetMilitaryphotos’ Terms of Use. Upon receiving that notice, or if you know that use of the Content infringes or is likely to infringe a third party’s rights, you must immediately stop using the relevant Content you have downloaded for any purpose and must destroy or delete all relevant Content files and any derivative works, copies, archives or accompanying materials (if applicable) that include graphical depictions of the relevant Content. If we request you to do so, you must acknowledge that you have complied with these obligations in writing.

Payment

You may purchase image or images using credit cards on the Site.

We reserve the right to change the prices at any time.

Upon providing credit card information, the purchaser guarantees that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of credits, you authorize us to charge your specified credit card for the amount of that purchase.

Termination

You can terminate this Membership Agreement at any time by emailing us.

GetMilitaryphotos reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability.

GetMilitaryphotos may also terminate or suspend your access to the membership portions of the Site if inactivity is more than two years.

GetMilitaryphotos may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Upon termination of this Agreement, any licences granted you under this Agreement will be automatically terminated and you must immediately stop using the Content you have downloaded for any purpose and must destroy or delete all Content files and any derivative works, copies, archives or accompanying materials (if applicable) that include graphical depictions of the Content. If we request you to do so, you must acknowledge that you have complied with these obligations in writing.

Your representations and warranties

You represent and guarantee to us that:

If you are an individual, you are over 18 years old;

If you represent a company, body corporate, or other legal entity, you have full capacity to enter into this Agreement;

You have reviewed, and agreed to be bound by, the GetMilitaryphotos Website Terms of Use, and the Privacy Policy;

Any credit card information that you provide is true, correct, complete. You are the cardholder or are authorized by the cardholder to make any payment using that credit card.

Disclaimer of warranties

You acknowledge and agree that the Content is provided ‘as-is’ and ‘as available’ and your use of the Content is conducted entirely at your own risk. We make no representations or warranties as to the availability, operation, functionality or security of the Content, that the Service will meet your requirements.

GetMilitaryphotos expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, quality, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.

GetMilitaryphotos, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through GetMilitaryphotos.

GetMilitaryphotos makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free.

GetMilitaryphotos makes no warranty with respect to any related software or hardware used or provided by us. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

Limitation of Liability

You assume all responsibility and risk for use of the site including any of the content or information contained therein. In no event shall GetMilitaryphotos’s total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the GetMilitaryphotos website and/or image(s) contained thereon exceed the monetary amount actually received by GetMilitaryphotos from you for your use of the applicable image(s). Neither GetMilitaryphotos nor any of its directors, officers, employees, members, shareholders, partners, licensors or agents shall be liable for any incidental, punitive, special, interruption, consequential or incidental damages, or lost business information or any other damages, costs, even if GetMilitaryphotos has been advised of the possibility of such damages, costs or losses.

Governing law

This Agreement shall be governed by, and must be interpreted in accordance with, the laws of Vermont State of the United States of America. You agree to submit to the exclusive jurisdiction of the courts of Vermont State of the United States of America.

Acknowledgement

By using the Site, you acknowledge that you have read this Membership Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this Agreement is the complete and exclusive statement of the understanding between you and GetMilitaryphotos. This Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between you and GetMilitaryphotos relating to the subject matter of this Membership Agreement.

Revision of Agreement

GetMilitaryphotos may amend this Agreement at any time, and you agree to be bound by such amendments. We will notify you to the email address you provided to GetMilitaryphotos. If you do not agree with the revised agreement, you must immediately stop using the Site.

Questions? Please contact customer service

 

EFFECTIVE DATE May 12, 2015