these Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with 1designshop, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify 1designshop for violations of these Site Terms.
Ownership of the Site and its Contents
The Site is owned by 1designshop. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“1designshop Content”), is owned by 1designshop, its licensors, or its third-party image partners. All elements of the Site, including the 1designshop Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
The use of this Website
You warrant that you are of legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You agree that you are responsible for all of your use of the site including for the use of your account by others.
The Website contains images uploaded by its members. All images and their descriptions and presentation in general (“Images”) on the Website are the property of either 1designshop and/or its members and are protected by international copyright laws. Use of these Images without license is prohibited.
The use of Images identified as ‘free images’ are governed by the Image license agreement.
1designshop and its members do their best to provide accurate information on Images and on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. 1designshop cannot be held liable for any losses or damages resulting from the inaccurary of any information on the Website.
Both parties acknowledge that from time to time You may upload photographs or graphics to the Website, and 1designshop will screen these uploads to see if they are suitable for distribution. The policies behind this procedure are described in the Upload rules section of the Help.
You authorize 1designshop to be your non-exclusive agent that licenses Images FOR FREE to third parties. You authorize 1designshop to market and sublicense the right to copy, reproduce, modify and use your Images on such terms as may be determined by 1designshop. 1designshop agrees that it shall not license your content for uses that are defamatory, pornographic or otherwise illegal. 1designshop agrees not to sell these Images under any circumstances and not to distribute them outside the Website.
You acknowledge that under no circumstances can you demand money from 1designshop or those using the Images for the use of said Images. You may ask payment for a higher resolution version of an Image but only if it’s not stored on the Website.
You also acknowledge that the Images may be used for promotional purposes for the Website or your gallery on 1designshop.
Furthermore, You acknowledge that 1designshop does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right.
You are solely responsible for the Images you upload. By uploading Images, you are warranting that you own all proprietary rights or are the authorized representative of the applicable copyright owner(s) of such Images, including copyright, in and to the Images with full power to grant the rights contemplated in this Agreement. You represent and warrant that you have obtained a valid and binding model release from all required parties in substantially the same form as [model release] that will permit the uses for such Images contemplated in this Agreement and that you will keep the original release and provide a copy to 1designshop if requested. You also warrant that where required by applicable law, you have also obtained a valid and binding release in substantially the same form as [property release] relating to identifiable property contained in the Images that might sensibly lead to the identity of or be required by the owner of such property.
You acknowledge that even though We do our best to prevent it from happening, 1designshop cannot be held responsible for the misuse or abuse of any Image.
We also reserve the right to remove any approved Image at any time if we believe it is defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites result in the termination of this Agreement, the termination of your membership, and all other available remedies.
Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination 1designshop removes all your Images from the Website. You acknowledge that because of copyright infringement or other kinds of serious – or even malicious – acts, you may face more serious consequences.
You agree to indemnify, defend, and hold harmless 1designshop 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. 1DESIGNSHOP 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.
1DESiGNSHOP 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.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
1designshop Legal Department
E-mail: [email protected]
Changes to Site Terms
1designshop reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.