Terms of Use

3. GettyDesigns Accounts
A. In order to access some features of the Website, you will have to create a GettyDesigns account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GettyDesigns immediately of any breach of security or unauthorized use of your account.

B. Although GettyDesigns will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GettyDesigns or others due to such unauthorized use.

4. General Use of the Website -- Permissions and Restrictions
GettyDesigns hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without GettyDesigns's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to GettyDesigns's any of its related technologies.

C. You agree not to access User Submissions (defined below) or GettyDesigns Content through any technology or means other than the zoomfly pages of the Website itself, or other explicitly authorized means GettyDesigns may designate.

D. You agree not to use the Website and any contents, including the zoomfly page for any commercial use, without the prior written authorization of GettyDesigns. Prohibited commercial uses include any of the following actions taken without GettyDesigns's express approval:

• sale of access to the Website or its related services on another website;
• use of the Website or any contents or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the GettyDesigns website or any third-party website, targeted to the content of specific User Submissions or GettyDesigns content;
• and any use of the Website or its related services that GettyDesigns finds, in its sole discretion, to use GettyDesigns's resources or User Submissions with the effect of competing with or displacing the market for GettyDesigns, GettyDesigns content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

E. Prohibited commercial uses do not include:

• uploading an original images to GettyDesigns, or maintaining an original images on GettyDesigns, to promote your business or artistic enterprise;
• using the zoomfly to show GettyDesigns images on an ad-enabled blog or website, provided the primary purpose of using the zoomfly is not to gain advertising revenue or compete with GettyDesigns;
• any use that GettyDesigns expressly authorizes in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

F. If you use the GettyDesigns Zoomfly on your website, you must include a prominent link back to the GettyDesigns website on the pages containing the Zoomfly and you may not modify, build upon, or block any portion of the Zoomfly in any way.

G. If you use the GettyDesigns Uploader, you agree that it may automatically download and install updates from time to time from GettyDesigns. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GettyDesigns to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the GettyDesigns servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GettyDesigns grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GettyDesigns reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, GettyDesigns Community Guidelines, and all applicable local, national, and international laws and regulations.

J. GettyDesigns reserves the right to discontinue any aspect of the GettyDesigns Website at any time.

5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the GettyDesigns Website.

A. The content on the GettyDesigns Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, images, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GettyDesigns, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GettyDesigns reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the GettyDesigns Service; and
• for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the GettyDesigns Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Images for any purpose or in any manner other than Streaming is expressly prohibited. User Images are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the GettyDesigns Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GettyDesigns Service or otherwise as prohibited under this Agreement.

D. You may access GettyDesigns Content, User Submissions and other content only as permitted under this Agreement. GettyDesigns reserves all rights not expressly granted in and to the GettyDesigns Content and the GettyDesigns Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the GettyDesigns Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GettyDesigns Website or the Content therein.

G. You understand that when using the GettyDesigns Website, you will be exposed to User Submissions from a variety of sources, and that GettyDesigns is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GettyDesigns with respect thereto, and agree to indemnify and hold GettyDesigns, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct
A. As a GettyDesigns account holder you may submit image content ("User Images") and textual content ("User Comments"). User Images and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, GettyDesigns does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GettyDesigns to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GettyDesigns, you hereby grant GettyDesigns a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GettyDesigns Website and GettyDesigns's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the GettyDesigns Website (and derivative works thereof) in any media formats and through any media Zoomfly. You also hereby grant each user of the GettyDesigns Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Images terminate within a commercially reasonable time after you remove or delete your User Images from the GettyDesigns Service. You understand and agree, however, that GettyDesigns may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GettyDesigns all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the GettyDesigns Community Guidelines, found at http://www.GettyDesigns.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. GettyDesigns does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GettyDesigns expressly disclaims any and all liability in connection with User Submissions. GettyDesigns does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GettyDesigns will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. GettyDesigns reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy
A. GettyDesigns will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. GettyDesigns reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GettyDesigns may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing :

GettyDesigns's designated Copyright Agent to receive notifications of claimed infringement is: email: copyright@GettyDesigns.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GettyDesigns customer service through http://www.gettydesigns.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: