Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client’s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading or using any images listed under the TheKillionGroupImages.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where TheKillionGroupImages.com (A subsidiary of The Killion Group, Inc. and shall forth be listed only as The Killion Group, Inc.) has provided you with a translation of the English language version of the page or site’s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with The Killion Group, Inc.. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by The Killion Group, Inc.. All images and related informational materials in any medium provided by TheKillionGroupImages.com hereunder, including related text, captions, or information (collectively referred to as Images) are owned by The Killion Group, Inc.. All images are protected by US and international copyright laws.
This site contains both images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). The Killion Group, Inc. allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a TheKillionGroupImages.com account and The Killion Group, Inc. has approved your registration, you may be able to access non-watermarked images, which shall be used only as permitted below. The Killion Group, Inc. reserves the right to revoke your authorization to view, download and use the images and information available on this site at any time, and you agree to immediately discontinue use upon written notice from The Killion Group, Inc.. All rights not specifically granted under this Agreement are reserved to The Killion Group, Inc.. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve images or related information.
The Killion Group, Inc. may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. The Killion Group, Inc. may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from The Killion Group, Inc..
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by The Killion Group, Inc.. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. The Killion Group, Inc. provides access to an online service comprising of materials created and posted by The Killion Group, Inc. only.
b. Images on the Website that are available for license are stored on The Killion Group, Inc.’s servers at the direction of The Killion Group, Inc..
Use of Watermarked Images – Using images for comping
Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).
Conditional upon your compliance with this Agreement, The Killion Group, Inc. grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, The Killion Group, Inc. grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Registering For TheKillionGroupInc.com Account
To obtain access to our images, you have to apply for TheKillionGroupInc.com account and you agree to provide complete, true and accurate information. The Killion Group, Inc. reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by The Killion Group, Inc..
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify The Killion Group, Inc. of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify The Killion Group, Inc. of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any The Killion Group, Inc. account or web site or related services.
At anytime, you may request your account access to be restricted, but The Killion Group, Inc. reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site’s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the The Killion Group, Inc. admin staff, for legal purposes.
None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without The Killion Group, Inc.’s separate written consent.
Royalty-Free License – Concept Info
What Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 500,000 copies.
The Royalty-Free license is granted ONLY for the non-watermarked image you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
Royalty- Free License of use of Non-Watermarked Images and Restrictions
The high-resolution images that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book cover or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email kim@TheKillionGroupInc.com
It is also forbidden to make any image on TheKillionGroupImages.com available on a website for download, although you may use the image in a concept in as many websites as you want, for any number of clients.
If you use the images for printed materials, the number of copies must not exceed 500,000. You may modify the images in any way required for reproduction, or include them in your own personal creations.
Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. We recommend that you credit The Killion Group, Inc. when you use an image.
For any other details regarding usage or licenses, you are strongly advised to contact kim@thekilliongroupinc.com
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle The Killion Group, Inc. to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of The Killion Group, Inc.’s rights or remedies in connection with any unauthorized use.
Sensitive Subjects
Any license granted by The Killion Group, Inc. shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without The Killion Group, Inc.’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact The Killion Group, Inc. for additional information prior to any use of an Image with any sensitive topic.
Refund Policy
You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request and your username.
If you have downloaded an image that has technical flaws please contact kim@TheKillionGroupInc.com for a refund of all credits used for downloading the image. If you are not able to download an image, please contact kim@TheKillionGroupInc.com. Downloads are not refunded if more than 7 days from the download date have passed.
TheKillionGroupImages.com & The Killion Group, Inc. Trademarks
The trademarks, services and logos used and displayed on TheKillionGroupImages.com are registered trademarks of The Killion Group, Inc. its subsidiaries and affiliates. TheKillionGroupImages.com trademarks may only be used publicly with the permission of The Killion Group, Inc., with proper acknowledgement. Except as expressly granted The Killion Group, Inc., does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless The Killion Group, Inc. 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 of any Image either alone or in combination with any other material, 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, alone or in combination with any other material.
Disclaimers
THE KILLION GROUP, INC. PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, 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, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, THE KILLION GROUP, INC. SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL THE KILLION GROUP, INC.’S LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
Copyright
The Photographer acknowledges that The Killion Group, Inc. prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at TheKillionGroupImages.com or TheKillionGroupInc.com.
The Photographer hereby grants The Killion Group, Inc. an exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants The Killion Group, Inc. and its representatives the right to sublicense the Image to their customers in accordance with the terms of the The Killion Group, Inc. Royalty-Free License Agreement.
The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the The Killion Group, Inc., unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by The Killion Group, Inc. or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While The Killion Group, Inc. acknowledges that its policy is to provide the Photographer with certain payments whenever an Image provided by the Photographer is supplied, the parties agree that The Killion Group, Inc. may amend such policy from time to time, as reasonable business objectives may require.
The Photographer agrees that neither The Killion Group, Inc. nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights on the Image.
No Waiver / Severability
No action of The Killion Group, Inc., other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Exclusive images: An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may be bought through The Killion Group, Inc. and may not be offered through other channels. After receiving funds for an exclusive image, The Killion Group, Inc. will remove the image purchased within 72 hours. Other images similar to the image purchased will not be removed from the site unless purchased separately for exclusive rights. To learn more about exclusive rights to any image on TheKillionGroupImages.com, contact kim@TheKillionGroupInc.com. If purchasing an exclusive image, the buyer will still honor all terms and conditions as stated in this waiver.
If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, The Killion Group, Inc. reserves the right to invalidate and recover all earnings made by that Contributor through The Killion Group, Inc. sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusivity Agreement.
TheKillionGroupImages.com & The Killion Group, Inc. reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
