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FREERANGE STOCK TERMS OF USE

When possible, please include a photo credit. "Photos courtesy of and copyright Free Range Stock, www.freerangestock.com" (or similar statement) and/or the photographer's name . We request this as a courtesy. (If you can't or don't want to give photo credit, that's okay - PHOTOS CAN BE USED UNCREDITED!) Thanks! Now back to legal-ese...

This site is owned and operated by Freerange Stock. Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to "Terms of Use"). If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as “Site”, not use any of the materials available herein, and/or not subscribe to this service.


COPYRIGHTED MATERIALS.

  1. "Materials" on Freerange Stock shall constitute and be defined as any files, images, animations, photographs, or text available on Freerange Stock.


  2. All Materials downloaded from Freerange Stock is licensed to you by Freerange Stock Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you.


  3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from Freerange Stock except for your use, which is subject to the Usage Guidelines.


  4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with Freerange Stock, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.

LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, Freerange Stock MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY Freerange Stock WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. Freerange Stock DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT Freerange Stock WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL Freerange Stock OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF Freerange Stock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF Freerange Stock OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Freerange Stock reserves the right to modify or terminate these Terms of Use without notice, if, in Freerange Stock sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Freerange Stock reserves the right to terminate this Site without notice.


IMAGE LICENSE

FREERANGE STOCK LICENSING TERMS & CONDITIONS

When possible, please include a photo credit. "Photos courtesy of and copyright Free Range Stock, www.freerangestock.com" (or similar statement) and/or the photographer's name . We request this as a courtesy. (If you can't or don't want to give photo credit, that's okay - PHOTOS CAN BE USED UNCREDITED!)

Image use outside of these terms may be granted by our written consent. If you have questions or would like to use images in a way not outlined here, please contact us.

License Summary: You can do nearly anything with the images, commercial or not. Just don't redistribute them - this means don't host the images or repackage them, just post a link to this site and let others sign up download them, just as you did. You cannot offer image for sale, or offer images as part of printed products. (No Zazzle, Cafepress, etc.) For more specific information, read on or contact us.

END-USER LICENSE AGREEMENT (EULA) - By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between Freerange Stock (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Freerange Stock hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Freerange Stock and "Materials" from our website will constitute and be defined as any photo, image, design, or layout represented on the Freerange Stock website. By downloading any Materials from Freerange Stock you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.

Terms of Use and Conditions as Defined Below:

A. User's Rights to Materials from Freerange Stock. You agree to access, acquire, and use our Materials as follows:

  1. These Terms and Conditions constitute a legal Agreement between You and Freerange Stock.


  2. Freerange Stock.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.


  3. You may access, acquire, and use the materials downloaded from Freerange Stock.com subject to these Terms and Conditions in the following manner:
  • a. In the development and creation of your business presence and entity.
  • b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover design, and newspapers. (Please credit site, agency or photographer if able.)
  • c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
  • d. As part of office presentation and layout for your business, in other words, for décor in an office, lobby, retail store, or public area.
  • e. In a PowerPoint presentation
  • f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game.
  • g. You may use the materials from our website in a Website template with the following restriction: You must credit and link to the site on any page that shows the image(s) used. "Photos courtesy of and copyright (photographer name), Free Range Stock, www.freerangestock.com" or similar statement.

B. User's Restrictions on the Use of Freerange Stock Materials. You agree not to access, acquire, or use our Materials in any of the following manners:

  1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.

  2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.

  3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User's Rights to Materials from Freerange Stock” section of this Agreement.

  4. If use the materials from our website in a Website template you are offering for distribution (free or for sale), you must credit and link to the site on any page that shows the image(s) used. ("Photos courtesy of and copyright Free Range Stock, www.freerangestock.com" or similar statement.)

  5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.

  6. You may not use any download software, internet accelerators, bulk downloader or other similar software or automated programs to access or download any materials from our website at any time. Photos must be downloaded manually.

  7. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.

  8. Image cannot be offered on print on demand items, nor can ther be offered for resale. Physical prints cannot be offered for sale. You cannot print the images on t-shirts, mugs, mouse pads, etc. (So no use on Zazzle, Cafepress or similar.)

  9. All brands, logos or product names appearing in any posted image may be trademarks of their respective owners. Images containing brands or logos are suitable only for editorial, non-commercial use. Freerange Stock, LLC is not liable in any way for damages or litigation that may arise when using or downloading content contained on all pages. The users acknowledge that they assume all risk and/or responsibility when using and viewing this site. Please use your own legal discretion and legal resources concerning any liability issues.

C. You understand and agree that Freerange Stock may, in its sole discretion:

  1. Monitor your download activity from Freerange Stock as often as Freerange Stock determines under its sole discretion for any reason and for any violation of this Agreement.


  2. Disable any account that engages in what Freerange Stock determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.


  3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Freerange Stock sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.


  4. Investigate any abuse of your username and password in connection with the Freerange Stock website or in connection with this Agreement.


  5. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.


  6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Freerange Stock, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Freerange Stock Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.

D. You understand that Materials are copyrighted and owned by the photographers contributing to Freerange Stock only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.

E. Freerange Stock and all Materials are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Freerange Stock its employees, directors, and officers and anyone else associated with Freerange Stock makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Freerange Stock further makes no representation or warranty that your usage of Freerange Stock will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Freerange Stock, you do so at your own risk.

F. Freerange Stock, its employees, directors, and officers, or anyone else associated with Freerange Stock shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. Freerange Stock, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Freerange Stock, and for accessing, acquiring, and/or using Materials from Freerange Stock.

G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Freerange Stock is accurate and true, including without limitation all credit card information

H. You agree to fully, indemnify, and hold harmless Freerange Stock, its employees, directors, officers, and any other entity associated with Freerange Stock, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.

I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the participants with respect to the matters expressly set forth in this agreement.

J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.



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