PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT
BETWEEN YOU AND CORBIS HOLDINGS, INC., PARENT COMPANY OF CORBIS CORPORATION (“Corbis”). By using
the Corbis web site (“Site”) and/or downloading any content or activating your account on the
Community Pages (as defined below), you agree to be bound by and comply with this Site Usage Agreement (“Agreement”).
If you do not wish to be bound by this Agreement, do not use this Site.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A
DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on your employer’s behalf,
to you and your employer. Corbis 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 are acting within the scope of
your employment as an employee, contractor, or agent of another party, you warrant that such
party has full knowledge of your actions and has consented thereto.
This Agreement is in addition to your obligations under the applicable Corbis Content License
Agreement (if any). In the event of any conflict between this Agreement and the Corbis Content
License Agreement, the Corbis Content License Agreement will control as to the conflicting terms.
If you are unsure of your rights or obligations under this Agreement, please contact
Customer Service by e-mail at
service@corbis.com.
Permitted Use of this Site
This Site is owned and operated by Corbis. All images, audio, video and related informational
materials in any medium furnished by Corbis hereunder, including related text, captions, or
information (collectively referred to as “Content”), is owned by Corbis or our licensors and
is protected by US and international copyright laws, trade dress, moral rights, and other
intellectual property rights. Except as explicitly permitted under this Agreement or the
applicable Corbis’ Content License Agreement (if any), no portion or element of this Site or
its Content may be copied or retransmitted via any means and all related rights shall remain
the exclusive property of Corbis
FOR THE PROTECTION OF CORBIS AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY,
INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT
SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF
CONTENT OBTAINED FROM CORBIS AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING
THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not
consent to Corbis’ use of RMS, do not use the Site or any Content found therein. You shall
not knowingly disable any such technology or tool. You may not remove any copyright or
other proprietary notices contained in the Content, caption information, or any other material
on this Site. Additionally, unless authorized by Corbis in writing, you may not:
- deep link or employ software or any automatic device, technology or algorithm, to “crawl,”
“scrape,” search or monitor the Site and/or retrieve or copy Content or related information;
- violate the mechanical restrictions of the Site, or bypass other measures employed to
prevent or limit access to the Site or Content by hacking or other means;
- copy, redirect, or exploit the Site or any Content;
- probe, scan, or test the vulnerability of the Site or of the network supporting the
Site, or seek information on visitors to the Site or personal information of Corbis’ customers; or
- use any device, software or routine that would interfere with the proper functioning of the
Site, or any transaction conducted via the Site.
Your use of this Site and any Content shall comply with all applicable law. Corbis reserves
the right, in its sole discretion, to revoke your authorization to view, download and use the
Content and information available on the Site at any time and for any reason, with or without
notice to you of such revocation, and you agree to immediately discontinue such use upon notice
from Corbis. Corbis may also restrict or remove Content from the Site for any reason, and you
agree to immediately discontinue all use of the Content upon notification from Corbis.
Additionally, you are responsible for backing up your data and any Content you have licensed
from the Site, and Corbis provides no warranty or guarantee that Content you have licensed will
be available from the Site.
Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Corbis to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Corbis in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Corbis may be entitled to under this Agreement, any applicable Corbis Content License Agreement and applicable law. The foregoing is not a limiting statement of Corbis’ or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or Corbis Content License Agreement.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes,
inaccuracies or typographical errors. Additionally, this Site and its Content 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 Content
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 Corbis. 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.
Privacy
Corbis’
Privacy
Policy applies to use of this Site, and its terms and conditions are made part of this
Agreement by reference. Please consult Corbis’ Privacy Policy for specific information on Corbis
policies for use of your personal information. You understand that any message or information sent
to the Site may be viewed or intercepted by third parties, even if there is a special notice that
the information (e.g., financial information) is encrypted.
Please note that if you use Corbis’ Community Pages, including blogs and discussion threads described
further below, you should be aware that any personally identifiable information you submit there can
be read, collected, or used by other users of these forums, and could be used to send you unsolicited
messages. We are not responsible for the personally identifiable information you choose to submit in
these pages. You may, at any time, request access to, correct and delete personal information about you
stored by Corbis with respect to these Community Pages by contacting us directly.
Registering for a Corbis Account
Registration with Corbis grants you certain privileges. For example, if you have registered for a Corbis
account and Corbis has approved your registration, you may be able to access Content without a visible
watermark. In applying for a Corbis account, you agree to furnish true and accurate information. Corbis
reserves sole discretion over whether to grant you an account, and you agree to access the authorized
sections of the Site and your account only by using the account number and password supplied to you by
Corbis. You are responsible for maintaining the confidentiality of your account number 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 Corbis 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 Content downloaded by others
using your account, with or without your permission or knowledge prior to the time that you notify Corbis
of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions
resulting from all uses of your account, whether actually or expressly authorized by you. You further
acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the
Content that occurs in conjunction with the account and password given to you by Corbis, and that Corbis
is authorized to accept the account information and password as conclusive evidence that you have accessed,
utilized, or otherwise enjoyed the Content.
If you suspect you are being impersonated, contact us immediately. Corbis reserves the right to disclose any
information, including registration data, in order to comply with any applicable laws and/or government
requests for the protection of Corbis and its members.
Corbis cannot and will not be liable for any loss or damage arising from your failure to follow these
obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of
using any Corbis account or Site or related services.
Children
Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we
ask that minors and children do not register for an account or submit any personal information to us.
By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years
of age or older.
Limited License for Comp Usage
Conditioned on your compliance with this Agreement, Corbis grants you a limited license to download Content
consisting of images solely for evaluating whether you wish to purchase a license to the image according to
Corbis Content License Agreement applicable to your use (“Comps”). If you are not a registered user, your
Comp license covers only visibly watermarked Content, and does not entitle you to download Content which
does not contain a visible watermark. You may use Comps solely for your internal evaluation and for no
longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a
non-Comp license for the Content. You may not use a Comp 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. Except for this limited, internal testing and sample use, Corbis grants
you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or
otherwise use in any way the comp outside the scope of this Agreement. To access images without a visible
watermark, you must register for a Corbis account.
Corbis may immediately terminate any licenses granted to you without notice if you fail to comply with
any provision of this agreement or with the Corbis Content License Agreement applicable to your use.
If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii)
delete all Content and all copies from all magnetic media and destroy all other copies, or, at Corbis’
request, return all such copies to Corbis.
Corbis Trademarks
You may not use the trademarks or service marks of Corbis without Corbis’ prior written consent. “Corbis,” “Corbis Motion,” “Veer,” “GreenLight,” the VEER logo, and the CORBIS logo, among others, are trademarks of Corbis Holdings, Inc., or one of its subsidiaries. Other product and company names mentioned on the Site are trademarks of their respective owners.
Indemnification
You agree to indemnify and hold harmless Corbis and its Content sources, officers, directors, employees,
contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including,
without limitation, claims by third parties), liability, damages (including punitive damages), judgments,
settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related
to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification
of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain
from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you
or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims
arising out of Content you supply via the Community Pages.
Disclaimers and Limitation of Liability
CORBIS PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.
CORBIS MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF
ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT
LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS,
CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, CORBIS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE
THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS,
OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER CORBIS NOR ANY CORBIS
SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT
SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE,
AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT
OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
CORBIS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE
OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY
SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF CORBIS, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES,
THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT,
INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED,
ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF CORBIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH CORBIS TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND CORBIS MAKES NO
REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED
OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. CORBIS ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO
THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO CORBIS, UNLESS OTHERWISE
PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND CORBIS.
CORBIS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR
ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE,
GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO CORBIS IMMEDIATELY PRECEDING THE TIME THAT
THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT CORBIS’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF
LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL CORBIS’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM
USE OF THE SITE EXCEED $500.00.
Third Party Links
As a convenience, our Site may link to other sites that may be of interest to you but are not under Corbis’ control. These links
do not imply endorsement by Corbis and we are not responsible for the availability of or the content contained in any linked site.
Notification of Copyright Infringement
Corbis 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 the Site, send
Corbis’ 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 Site; (iv) information sufficient to permit Corbis to contact you, such as your physical
address, phone 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 (vi) 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.
Corbis’ copyright agent for notice of claims of copyright infringement can be reached as follows:
Corbis Copyright Agent
710 Second Avenue, Suite 200
Seattle, WA 98104
By phone: 206.373.6000
By fax: 206.373.6100
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, regardless of conflicts of laws.
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
In any dispute between Corbis and you, Corbis shall be entitled to
recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms
and conditions. This Agreement (along with Corbis’ Privacy Policy, the terms for the Community Pages (if
separately agreed to), and the Corbis Content License Agreement, if applicable) constitutes the entire agreement
between the parties with respect to the subject matter hereof and merges all prior and contemporaneous
communications. No action of Corbis, other than the express or written waiver or amendment, may be construed
as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement
signed by duly authorized representatives of Corbis, provided that no purchase order or similar document issued
by you shall modify this Agreement, even if signed by Corbis. 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 Corbis’
prior written consent.
Community Pages
The Site may contain chat rooms, discussion forums, bulletin boards, review services or other forums in which
you or third parties may post Content, messages, materials or other items on the Site ("
Community Pages").
If Corbis provides such Community Pages, You are solely responsible for your use of such Community Pages and use them at
your own risk. You agree that all the information posted or accessed will be used only for your individual personal purposes.
You will not make any other unauthorized use of this Site, or any interactive features available on this Site.
You agree that you are responsible for your own use of the Site, for any Content you upload, and for any consequences thereof.
- Profiles.
Corbis may require you to furnish additional information or agree to additional terms before permitting
you to access certain features of the Site you agree to access the authorized sections of the Site and
your account only by using the account information and password supplied to you by Corbis. You
acknowledge that your user name may be displayed on the Site in connection with any content you submit.
For use of Community Pages, Corbis will enable registered users to create a community profile of
themselves, including interests and favorites. Please note that if you delete your profile, all
Content you submit (“User Content”), including work and information created by that user may be deleted.
- Permitted Use of Community Pages.
- Subject to the terms of this Agreement, you may post User Content consisting of images, tags,
keywords, reviews, comments, and other material relating to Content; send communications; and
submit suggestions, ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." Hotlinking to other third party Sites is not permitted.
- In posting any User Content, you represent and warrant that:
- you are the sole owner of the User Content and its copyright and/or have the right to grant Corbis the rights in the User Content set forth in this agreement;
- the User Content is original and does not infringe on or violate or misappropriate the statutory copyright or common law rights of privacy, publicity, or moral rights of any third party;
- the User Content is not pornographic or obscene nor does it defame any third party;
- the User Content does not contain any illegal material or promote illegal activities; and
- the User Content does not contain any material that denigrates or attacks any persons based on race,
religion, national origin or sexual orientation.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of material or User Content posted or submitted to the Site.
- Corbis reserves the right (but not the obligation) to remove or edit such material, but
does not regularly review posted User Content. Tags, keywords, reviews, and comments
posted on, and other material or content submitted to or through the Site are public,
not private, and while Corbis reserves the right (but not the obligation) to screen
postings, no posting on or submission to or through Site should be considered approved, reviewed, or endorsed by Corbis.
- Corbis may engage a third party/third party web site to host the Community Pages,
and that use of such site may require you to agree to that site’s terms and conditions
in addition to those set forth herein. Unless stated otherwise in the privacy policy
posted on such pages, Corbis is not responsible for the practices (including privacy practices) of such site.
- You agree to abide by the Code of Conduct linked to the Community Pages.
- Grant of Rights/Indemnity.
- For clarity, you retain all of your ownership rights in your User Content.
However, if you do post or submit any User Content to or through the Site,
you grant Corbis and its affiliates, licensees, and sub-licensees a nonexclusive,
royalty-free, fully assignable and sub-licensable right to use, reproduce, modify,
publish, translate, create derivative works from, distribute, and display such
User Content on the Site and for Corbis’ (and its successors and affiliates’)
business, throughout the world in any media formats and you grant each user a
non-exclusive license to access your User Content as permitted under these
Terms of Use. The license granted by you will terminate in a reasonable time
after you remove or delete the User Content from the Site, however Corbis may
retain, but not display, distribute or perform copies of such User Content for archival purposes.
- You grant Corbis and its affiliates and sub-licensees the right to use your
user name, or the name and avatar that you submit in connection with such User Content,
if they choose. You represent and warrant that you own or otherwise control all of
the rights to the User Content that you post; that the information provided in
association with the User Content is accurate; that use of the User Content you
supply does not violate this policy and will not cause injury to any person or entity;
- The Site is not intended to be used as back up drive or asset management system.
You are responsible for backing up your data and any User Content you submit to the
Site and Corbis provides no warranty or guarantee that User Content you have submitted
will be available from the Site.
- Corbis takes no responsibility and assumes no liability for any User Content
posted by you or any third party on the Community Pages. You understand and
agree that for purposes of any Community Pages, Corbis is acting only as a
Service Provider as defined in 17 U.S.C. § 512 and as an Interactive Computer
Service as defined in 47 U.S.C. § 230(f)(2). As such, Corbis only operates the
pages from which contributors may offer and users may post User Content, information
and materials. Corbis does not act as an agent for such contributors and does not guarantee
the safety, quality or legality of the contributor content or the accuracy of the information provided.
- Accordingly, you irrevocably waive and unconditionally release and waive any and
all claims, demands, damages (actual and consequential) of every kind and nature,
known and unknown, you may have or assert against Corbis relating to or arising out
of any use of User Content or of these Community Pages.
User Acknowledgements
You acknowledge and agree that inherent in the procurement, compiling, collecting,
interpreting, reporting, communicating, delivering and inputting digitally of the
Content, there will be a degree of error which cannot be avoided even with standards
of quality control which exceed industry standards. You further acknowledge that
Third Party Content and User Content are provided by third parties and that
Corbis cannot control such Content.
The following constitute violations of this Agreement and may result in immediate termination or suspension of your account:
- any use of the Site or any Content for illegal purposes, or in support of illegal activities. Corbis reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing;
- harming, or attempt to harm, minors in any way, including, but not limited to child pornography;
- transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or that harasses another;
- making commercial use of any Corbis Community Pages, including offering to sell or selling goods or services via the forum,
- making fraudulent offers to sell or buy products, items, or services (including Content), or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters";
- adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
- transmitting any unsolicited commercial or unsolicited bulk e-mail, or malicious intent to impede another person's use of electronic mail services or news, or forging any message header, in part or whole, of any electronic transmission, originating or passing through the Corbis service;
- accessing, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Corbis’ or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
- transmitting any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- collecting, or attempt to collect, personal information about third parties without their knowledge or consent in violation of any applicable statute or ordinance;
- any activity that affects the ability of other people or systems to use Corbis Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited;
- any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it;
- intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems, or use of software or any device that would facilitate a continued connection, i.e. pinging, while using Corbis services;
- reselling or giving away free access to Corbis services or resources.
Restricted Access
You agree that you will not attempt to enter restricted areas of Corbis’ computer
system or perform functions that you are not authorized to perform pursuant to this
Agreement. Corbis may, without notice, temporarily or permanently suspend your access
to the Site and the Content by deactivating your account or password if Corbis reasonably
suspects that you are using the account or password to obtain unauthorized access to
Corbis’ other systems or information, or are using the account or password in any other
inappropriate manner. These suspensions will be for a period of time necessary to permit
the thorough investigation of such suspended activity. Corbis may terminate this Agreement
immediately without notice if it is determined that you have undertaken such
unauthorized activity or if such unusual activity cannot be reasonably explained.
Termination of this Agreement
This Agreement is effective until terminated by Corbis, in its sole and absolute discretion.
Corbis may terminate this Agreement with or without notice to you and will do so if you use
or attempt to use the Site or the Content therein in any manner contrary to the terms of
this Agreement. Any such termination by Corbis shall be in addition to and without prejudice
to such rights and remedies as may be available to Corbis, including the suspension or
termination of your account or password and injunctive relief enjoining such acts or
attempts, it being acknowledged by you that other legal remedies are inadequate.
The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination
and Choice of Law provisions of this Agreement shall survive the termination
or expiry of this Agreement.
International Users
The Site is controlled, operated, and administered by Corbis from its offices
within the United States of America. The Site can be accessed from countries
around the world and may contain references to Content, including products and
services, that are not available in your country. These references do not imply that
Corbis intends to market, promote, or distribute such Content, including products
and services, in your country. If you access the Site from a location outside
the United States, you are responsible for compliance with all local laws.