Kickstock Stock Images

1. Each Image displayed on KICKSTOCK.COM is copyrighted, proprietary and protected by Australian law, international treaty provisions and other applicable laws. All rights not expressly granted are reserved. Your right to use these image(s) is conditioned upon your payment of any applicable fee prior to use and your compliance with the terms of this Agreement:

2. LICENSE

2.1. Application:

This agreement applies to any image displayed on the KICKSTOCK.COM website.

2.2. Number of Users:

THIS IS A ONE PERSON LICENSE AGREEMENT ONLY.
You are permitted to use the photo. Any additional persons who wish to use the photo must purchase and or download it from KICKSTOCK.COM.

2.3 By this Agreement, KICKSTOCK.COM grants you a non-exclusive, non-transferable right to use the Image solely in:

A. Printed Materials as part of advertisements; editorial or promotional copy; brochures; reports; newsletters; packaging; and items intended for resale or complimentary distribution that incorporate the Image in their design such as books, clothing, calendars, and CD packaging. See term 7 for important information about intellectual property rights.

B. Online and Broadcast Video Media provided however that only low-resolution versions of Images no greater than 1024 x 768 pixels 72 dpi may be displayed on any World Wide Web site or online and

C. Offline Digital Media in or as part of computer, audiovisual and multimedia use; software; multimedia programs; and CD ROM products; provided however that only low resolution versions of Images no greater than 1024 x 768 pixels 72 dpi may be displayed on Offline Digital Media.

3. You may modify, adapt or create derivative works and publish the Image in or on Printed Materials, Online and Broadcast Video Media, and Offline Digital Media, provided all conditions of this Agreement are met, including section 5G below. Your use of the Image is not limited by the number of items produced, circulated or sold.

4. You may only use the Image, or include the Image in Printed Materials, Online and Broadcast Video Media or Offline Digital Media that are created for yourself, or for your employer, direct client or customer, who must be the end user of your work.

5. This Agreement specifically does not permit you to:

A. Loan, rent, sell, sub license, lease, or otherwise transfer the right to use the any Image to any other person or entity, except to the extent that any such Image has been incorporated by you into Printed Materials, Online and Broadcast Video or Offline Digital Media. Images may not be distributed or sold individually they must be incorporated into these items

B. Use or copy any Image or any portion thereof in any manner, except as permitted by the express terms of this Agreement

C. Use any Image in any form of pornography, or in a defamatory, fraudulent or illegal manner

D. Simultaneously use the CD or any Image on more than one computer at a time multiple use, or on a network system without first obtaining a license upgrade from Index;

E. Distribute any Image on a computer bulletin board or any other form of online or Internet-accessible service except as expressly permitted herein

F. Use any Image or any portion thereof as a trademark or service mark, or claim any proprietary rights in any Image, or any portion thereof or

G. Produce any advertising or promotional material containing any Image with the intent to promote an image product or to promote a business that is an image provider.

3. TERMS

This License is effective for a period of three years from the date you pay the licensing fee Subsequent use of the image(s) requires a new payment and license agreement. You can terminate this license early by destroying the Photo(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photo(s) for any purpose. If you terminate the license early you will not receive a refund. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Photo(s), to cease using the Photo(s) for any purpose, and to confirm to KICKSTOCK.COM in writing that you have complied with these requirements.

4. LIMITATION OF REMEDIES

4.1. Replacement or Refund:

KICKSTOCK.COM's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Photo(s) or accompanying material (if applicable), or out of your actions in downloading the Photo(s), shall be as follows:.

No Money Damages:

UNDER NO CIRCUMSTANCES WHATSOEVER WILL KICKSTOCK.COM BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PHOTO(S). SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION

You agree to indemnify and hold KICKSTOCK.COM harmless against all claims or liability asserted against KICKSTOCK.COM arising out of or in connection with any breach of any of the terms of this Agreement. Neither KICKSTOCK.COM nor any of its directors, contributors, employees, suppliers, agents or affiliates shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, any Image.

6. GENERAL

6.1. Governing Law:

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 6.2. Enforceability:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

6.3. Taxes and other:

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Photo(s), pursuant to this Agreement.

7 MODEL AND PROPERTY RELEASE
Unless expressly stated all images are supplied without model or property releases, suitable permission should be sought for use of any images featuring recognisable designs, products or trademarks.

8. ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KICKSTOCK.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND KICKSTOCK.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.