Eyekons Site Agreement
Your Agreement with Eyekons.com:
Welcome to the Eyekons.com website. Following are the terms and conditions that govern your use of this site.
THIS SITE USAGE AGREEMENT (THIS "AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND EYEKONS.COM. PLEASE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR CONSENT TO BE BOUND BY THEM.
These terms and conditions of use ("Site Terms") apply to your use of this website, and do not alter in any way the terms or conditions of any other agreement you may have with Eyekons. By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using this website on behalf of an employer, you further represent and warrant that you are authorized to accept these Site Terms on behalf of your employer and that your employer agrees to these Site Terms and agrees to indemnify Eyekons for violations of these Site Terms.
Ownership of This Website and Intellectual Property
This website is owned and operated by Eyekons.com.
All elements of this website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Eyekons, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Eyekons or its licensors unless otherwise expressly agreed. You shall indemnify Eyekons, and its licensors against any losses, expenses, costs or damages incurred by any as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Use of Images
As used in this Agreement, the term "Images" shall include both (i) "Comp Images", watermarked (electronically or visibly) low-resolution images available for creating comprehensive layouts (a "Comp") as further set forth herein; and (ii) "Stock Images", high-resolution images available to you for license upon payment of the applicable licensing fees.
Eyekons reserves the right to revoke your authorization to view, download, and use this website and/or the Images available on this website at any time, if you violate any part of this agreement. You accordingly agree to immediately discontinue your use of this website, the Content and Images upon notice from Eyekons. We hereby reserve all rights not specifically granted under this Agreement.
Limited License for Comp Images
Conditioned upon your compliance with this Agreement, Eyekons grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to access and use the watermarked Comp Images in accordance with this Agreement.
Eyekons grants you a limited license to download watermarked Comp Images, solely for the purpose of evaluating whether you wish to purchase a license to use any Stock Images according to Eyekons Content License Agreement. In performing your evaluation, you may only use such Comps for (i) in-house presentations, (ii) storyboards, or (iii) rough-draft designs for presentation to your clients. You may use Comp Images solely for your internal evaluation for no longer than 60 days from the date of download to determine whether you intend to obtain a non-Comp license for the image.
You may not, and shall not, use any watermarked Comp Images in any final materials distributed to any third party. You may not modify, alter, or remove any visible or electronic watermark, copyright, or other legal notice. You may not disassemble, reverse engineer or decompile any Comp Images.
Except for the limited use described in this section, we grant you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked Comp Images. Eyekons may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Eyekons Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the image(s) and (ii) delete all images and all copies from all magnetic media and destroy all other copies, or, at Eyekons request, return all such copies to Eyekons.
Unless you purchase a separate license for such purpose, you have no rights to access or use any of our Stock Images. If you choose to purchase such a license, your use of any Stock Images shall be governed by the terms and conditions of our License Agreement, which is incorporated into this Agreement by reference in its entirety and which prohibits you from, among other things: (i) using an Image in any manner that would be defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter; (iii) violate a depicted person's right of privacy or publicity; (iv) archive, republish or transmit an Image or any website Content without prior written consent; (v) incorporate an Image or website Content into a logo, trademark, or service mark without the prior express written consent of Eyekons; (vi) use any Eyekons Image Content to denigrate or attack any persons based on race, religion, national origin or sexual orientation.
Restrictions on Use
This website and its content are intended for the customers of Eyekons. You may not use this website or any of Eyekons Image Content for any purpose not related to your business with Eyekons. You agree that you shall comply with all applicable federal, state and local authorities, laws and regulations with regard to the use of this website and all of the Content on this website.
Except as otherwise stated in this Agreement, you may not, and shall not, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any portion of this website Content or any of the Images on this website without the prior written consent of Eyekons. You may not, and shall not, archive, republish or transmit Images or any website Content on any database without the prior written consent of Eyekons. You may not, and shall not, employ software, or any other automated means, to "crawl" or search our website or retrieve Images or related information.
You are specifically prohibited from downloading, copying, or re-transmitting any or all of the website or any of Eyekons Image Content without, or in violation of, a written license or agreement with Eyekons. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Unauthorized use of any images constitutes infringement of copyright and other applicable rights and shall entitle Eyekons to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of this Image Content. Eyekons, in its sole discretion, reserves the right to bill you (and you hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Eyekons may be entitled to under this Agreement or any applicable Eyekons Content License Agreement.
All rights not expressly granted by the terms of this Agreement are reserved exclusively to Eyekons, its subsidiaries, affiliates and licensors.
Registration and Liability
To obtain access to Stock Images, you will need to register as a member with Eyekons.com, and you agree to furnish true and accurate information to Eyekons in connection with such registration.
Eyekons reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of this website and your account only by using the account number and password supplied to you by Eyekons.
You are responsible for maintaining the confidentiality of your account number and/or password and you shall not distribute this access information or allow others to use this access information to gain access to this website. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Eyekons of any unauthorized access or need to update or remove access for any of your employees or agents, if applicable.
You shall be liable for full and complete payment for all Images downloaded by others using your account, with or without your permission or knowledge, prior to the time that you notify Eyekons of any unauthorized use.
Notification of Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws Eyekons has adopted a policy of terminating the accounts of users who infringe on the intellectual property rights of Eyekons or any third party. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring by Eyekons on our website or any other source, please send Eyekons a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located, either on the Eyekons website, other websites or a printed sample of the infringement; (iv) your address, telephone number, and/or email address so Eyekons can contact you; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law. Please contact Amy McKay with the appropriate information.
12 Jefferson SE
Grand Rapids, MI 49503
Eyekons welcomes artists, organizations and others who are interested in linking to our site. Please contact us and we will evaluate your request and if appropriate, send you our logo and other link information. You may not use the Eyekons logo or other proprietary graphic of Eyekons to link to your website without the express written permission of Eyekons.