Terms of Service
The following is a legal agreement between you and Kajo Merkert. Please read this agreement carefully before downloading or purchasing any photograph. By downloading or purchasing any photograph, you agree to be bound by the terms of this agreement.
All photographs are copyrighted. Kajo Merkertown all rights to the photographs. All rights are reserved by Kajo Merkert unless otherwise granted to you. Your rights to use the photographs are subject to this agreement and are conditional upon your payment for the photographs to Kajo Merkert. If at any time your account becomes delinquent, you relinquish all rights to all photographs you have downloaded until all payments and interest are made.
By this Agreement, Kajo Merkert grants you a personal, non-exclusive, non-transferable, right to use and reproduce photographs in the following ways:
1. On web sites, multimedia presentations, and broadcast film and video.
2. In magazines, newspapers, books, eBooks, pamphlets, brochures, catalogs, book covers, textbooks, editorials
CD/DVD cover art, and advertising.
3. In connection with your business identity on letterhead, posters, brochures, or business cards.
You may NOT:
8. Use an photograph other than as specified in the preceding section.
9. Use a photograph with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
10. Use an photograph in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive- this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
11. Resell any photograph.
12. Share an photograph by providing access on shared disk drives or network.
13. Use Kajo Merkert photographs to compete with Kajo Merkert. This includes, by way of illustration, not by way of limitation, displaying photographs in any format (including thumbnails) for download on a website. Offering Kajo Merkert photographs for sale, or including Kajo Merkert photographs in templates for sale. You may not, for example, create an entire greeting card line based on Kajo Merkert photographs - or use our photographs as the basis for a large collection of objects for sale.
14. Use the photograph in a website template that you plan to sell or transfer to others.
15. Use any photograph as part of a trademark or patent image.
16. Use any photograph as part of a logo.
17. Produce printed reproductions of any photograph on canvas or paper to be sold.
"Non-transferable" as used herein means that except as provided in these terms, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the photographs or the right to use the photographs. In addition, the work you produce with the photographs must be used for your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any photographs. This may include invisibly watermarking the photograph and identifying that Kajo Merkert owns the image on the document you intend to use the photograph.
If you plan on using photographs for client work, you must keep accurate and detailed records of which clients you have used photographs for.
You agree to indemnify and hold Kajo Merkert, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this Agreement.
Neither Kajo Merkert or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs.
This Agreement shall be governed by the laws of Australia.
Kajo Merkert makes no representations or warranties whatsoever as to the legality or validity of any Release associated with a photograph.
Kajo Merkert makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of any photograph have been secured by you.