|
|
Português |
 |
 |
Alemão |
|
 |
Inglês |
|
 |
Espanhol |
|
 |
Francês |
|
 |
Italiano |
|
 |
Japonês |
|
 |
Holandês |
|
 |
Russo |
|
 |
Mandarim (Chinês) |
|
 |
|
|
|
|
|
 |
|
|
|
|
|
Até 750 downloads / mês de imagens em alta resolução
|
|
1 MÊS
$249
|
3 MESES
$709
|
|
Baixe a qualquer momento por um ano
|
|
$49
|
$229
|
|
|
|
|
|
|
Os Termos de Serviço da Licença Ampliada estão impressos abaixo. Também oferecemos a Licença Padrão, a qual você pode analisar clicando aqui.
Algumas modificações foram feitas nos Termos de Serviço para Assinaturas da Licença Padrão e da Licença Ampliada. Estamos disponibilizando a versão em Inglês aqui pois estes são os termos originais com os quais você concorda ao fazer uma assinatura na Shutterstock. Estamos traduzindo as Licenças como forma de cortesia, apenas para sua conveniência. Não serão traduções feitas por um advogado. Iremos postá-las aqui assim que estiverem prontas. Por favor sempre faça referência a versão em Inglês caso tenha alguma dúvida sobre o uso de suas Imagens ou sobre seus direitos e obrigações como Assinante da Shutterstock.
SHUTTERSTOCK, INC.
TERMS OF SERVICE ("TOS")
FOR
ENHANCED LICENSE
SUBSCRIBERS ONLY
Dear Shutterstock Enhanced License
Subscriber:
The following is a legal agreement
between you and Shutterstock, Inc. ("Shutterstock"). Please read
this agreement carefully before downloading any Shutterstock Images
("Image"). By downloading any Image, you agree to be bound by the
terms of this agreement. Shutterstock reserves the right to change any of the
terms of this agreement at any time, and you agree to be bound by such
changes. If and when changes are made to these terms of service an
announcement will appear on your login page. Please make sure that you read
and understand all such changes. Please note: To obtain the right to use an
Image(s) as permitted by this Enhanced License, you must download that
Image(s) as part of your Enhanced License subscription. Images downloaded as
part of a Standard License subscription may only be used in compliance with
the Standard License TOS even if you also subscribe to the Enhanced License
service. If you do not agree to these Terms of Service, as same may be amended
from time to time, do not download or use any Images. Your failure to comply
with the terms hereof might result in the immediate termination of your
account.
Please note: If your account was
active prior to the changes in these TOS, your use of Images will be
controlled by the TOS in effect at the time you purchased your subscription.
Any subscription that commences after the revision date hereof will be
controlled by these TOS.
PART I
- All Images on the
Shutterstock website are protected by United States and international
copyright laws and treaties. Shutterstock and/or the various artists who
provide content and/or Images to Shutterstock ("Submitters") own
all rights, including the copyrights in and to the Images. Shutterstock
and/or its Submitters reserve all rights in and to the Images not granted to
you by the terms of this license. Your rights to use any Image are subject to
this license agreement and are conditioned upon your payment to Shutterstock
for your use of the Images. If you fail to make any payment to Shutterstock
when due, or if any check is dishonored or credit card charge refused or
charged back, your account will be deemed delinquent. Provided that your
account was current at the time you downloaded an Image and you were not
otherwise in breach of any of the terms hereof, you have the right to use the
downloaded Image, subject however, to the terms of this agreement. If your
account becomes delinquent, your right to use any Images downloaded at any
time shall automatically terminate unless all payments together with any
interest thereon and Shutterstock's costs of collection, bank charges and
credit card processing fees are received by Shutterstock no later than
fifteen (15) days from the date that your account became delinquent.
- By this Agreement,
Shutterstock grants you a personal, non-exclusive, non-transferable, right to
use and reproduce Images in the following ways, subject to the limitations
set forth herein and in Part II hereof:
- a)
- On web sites;
- b)
- Incorporated into design or project
templates and/or software, provided that the Image or any digital files
containing the Image cannot be unincorporated from the template or software
or viewed as a slideshow or the equivalent;
- c)
- In multimedia presentations and
incorporated into film and video for broadcast use, and theatrical display
without regard to the size of the intended audience;
- d)
- In product packaging, CD or DVD cover
art, magazines, newspapers, books, eBooks, multi seat license electronic
textbooks, book covers, textbooks, editorials without regard to the size of
the manufacturing or print run of such items;
- e)
- Incorporated in online and paper
greeting cards provided that such cards combine text and Images;
- f)
- Incorporated in merchandise for resale or distribution, including
without limitation, clothing, artwork, magnets, posters that combine words and an
Image or Images, calendars, mugs and mousepads;
- g)
- As toolbar skins and mobile phone
"wallpaper" for your own personal use;
- h)
- On letterhead, business cards, advertising
or promotional posters, pamphlets, brochures, catalogs, provided that the
Image is not used as and does not function as a trademark, service mark or
logo or as an element thereof;
- i)
- As decoration in an office,
restaurant, public area, home, or store owned or rented by you or by a client
for whom you render design services; and
- j)
- In coordination with opt-in email
marketing only. Images cannot be used in connection with unsolicited email -
or linked from unsolicited email.
- k)
- In the event that you create a
derivative work based on or incorporating one or more Images, all rights in
and to such Images shall continue to be owned by Shutterstock or its
Submitter, subject to your rights to use such Image(s) pursuant to the terms
and limitations set forth herein.
All other rights in the Images are expressly reserved by Shutterstock for
itself and its Submitters.
- Credits and Copyright
Attributions shall be accorded as follows:
- a)
- Though Shutterstock requires the
following credit attributions and copyright notices, Shutterstock can waive
such requirements on a case by case basis. If you have any questions
regarding credit attributions and copyright notices or to request that
Shutterstock grant you a waiver of such requirements, please contact
Shutterstock Customer Support. No waiver of such requirements shall be
effective unless confirmed in an email or other writing from Shutterstock to
you.
- b)
- You shall accord credit and provide a
copyright attribution to the copyright holder and Shutterstock in connection
with the use of any Image in a book, magazine, e-zine or newspaper. Such
credit and attribution shall be in substantially the following form.
" Image Copyright Name of Artist, 2006
Used under license from Shutterstock, Inc. "
- c)
- Notwithstanding the foregoing, in the
event that the Image is used in connection with merchandise, or a film,
television broadcast, documentary or other video or multimedia project or
presentation, you shall use reasonable commercial efforts to accord the
photographer and Shutterstock a credit as provided above. However, if no
other photographers are accorded credit, only Shutterstock shall be accorded
a credit in substantially the following form:
" Image(s) used under license from
Shutterstock, Inc. "
- d)
- All credits shall appear on the
copyright page or in the copyright section of the work into which the Image
is incorporated. If there is no copyright page or section, the notice and
credit may be located anyplace on the work. In all cases the credit and
attribution shall be of such size, color and prominence so as to be clearly
and easily readable by the unaided eye.
- Shutterstock shall
be under no obligation to refund your subscription fee under any
circumstances. However, in the event that Shutterstock determines that you
are entitled to a refund of all or part of your subscription fee, such refund
shall only be made to the credit card account originally used by you to
purchase your subscription. If your subscription was paid by check, your refund
will be made by check.
PART II
RESTRICTIONS
YOU MAY NOT:
- Use an Image other than as specified in PART I.
- Use or display any Image on websites
or in connection with any service designed to sell or
induce sales of " print on demand" products, including postcards,
mugs, t-shirts, posters, artwork and other items, this includes custom
designed websites as well as sites such as Cafe Press (i.e.
www.cafepress.com).
- Use an Image
together 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.
- Use an Image in a
way that places any person in the photo in a bad light or depicts them in a
way that they may find offensive - this includes, but is not limited to: a)
the use of Images in pornography; b) tobacco ads; c) ads for adult
entertainment clubs or similar venues, or for escort, dating or similar
services; d) political endorsements; e) advertisements for pharmaceutical
products, including, but not limited to personal hygiene or birth control
products; and f) uses that are defamatory, or contain otherwise unlawful,
offensive or immoral content.
- Resell,
redistribute or transfer any Image except as specifically provided herein. Displaying
any Image in any digital format or for any digital use at a resolution
greater than 800 x 600 pixels, except in editorial or preliminary design work
will be deemed to be an attempt to redistribute the Image and could result in
the termination of your rights under this agreement.
- Share an Image by
providing access to such Image on shared disk drives, computer networks,
intranets of any nature or otherwise.
- Use Shutterstock
Images in a manner that competes with Shutterstock's business. This includes,
by way of illustration, not by way of limitation, displaying images in any
format (including thumbnails) for download on a website or otherwise offering
Shutterstock Images for sale, except as specifically provided herein.
- Use any Image (in
whole or in part) as a trademark, logo or an element thereof.
- Use an Image
marked "Editorial Use Only" for commercial purposes. If an Image
is marked, "Editorial Use Only", additional permissions may be
required for commercial use. Shutterstock does not provide or sell such
permissions.
- Produce or otherwise
create for resale or distribution, printed reproductions of any Image on
canvas, paper or any other medium unless expressly permitted by this
agreement.
- Stockpile, download, or
otherwise store Images not used within twelve (12) months of the expiration
of your account.
- Use automated programs,
applets, bots etc., to download Images.
PART III
- "Non-transferable" as used herein means that except as specifically
provided in these TOS, you may not sell, rent, load, give, sublicense, or
otherwise transfer to anyone, the Image or the right to use the Image. In
addition, the work you produce with the Image must be used for yourself, 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 Image.
- If you plan on using or
do use Images as part of work for a client or customer, you must keep
accurate and detailed records of the use of each Image. These records must
include the name of the client or customer, the Shutterstock Image number as
well as the date or dates on which the Images were used.
- You agree that you will
not share your username and password combination. Your Shutterstock username
and password are to be used only by you. Each person that desires to access
the Shutterstock site must have his/her own username and password and must
purchase a subscription. You may use your subscription on ONE COMPUTER in
your office or home at any one time. If any two users on two separate
computers are using the same username and password, we reserve the right to
terminate that subscriber's account without refund or prior notice. We
reserve the right to monitor accounts and institute mechanical or other means
to stop users from sharing their login information.
- You agree to indemnify
and hold Shutterstock, Inc., its officers, employees, shareholders, directors
and suppliers harmless against any damages or liability of any kind arising
from any use of the Image other than the uses expressly permitted by this
Agreement. You further agree to indemnify Shutterstock for all costs and
expenses that Shutterstock incurs in the event that you breach any of the
terms of this or any other agreement with Shutterstock.
- Neither Shutterstock or
any of its directors, officers, employees, partners, licensors, 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, any Image or
Images.
- This contract is governed by and shall be construed in accordance with
the laws of the State of New York. You hereby consent to the personal
jurisdiction of the state and federal courts
located within such state. All actions, controversies and disputes arising
from or relating to this agreement shall be heard and decided exclusively
before the courts located within the State, County and City of New York and
not elsewhere. You agree that service of process in any actions,
controversies and disputes arising from or relating to this agreement may be
effected by mailing a copy thereof by registered or certified mail (or any
substantially similar form of mail), postage prepaid, to the other party
however, nothing herein shall effect the right to effect service of process
in any other manner permitted by law. This agreement shall be construed
neither against nor in favor of either of the parties, but rather in
accordance with the fair meaning thereof.
- If you are unsure of
your rights under this Enhanced License agreement, or if you wish to use an
Image in a manner not expressly permitted under this Enhanced License, please
contact Shutterstock Support.
- Enhanced License
Subscriptions include 25 Image downloads per month. For the purposes of this
agreement, a day is defined as the twenty four (24) hour period beginning at
12:00 am Eastern Standard Time ("EST") and ending at 11:59 pm EST.
A month is defined as 30 consecutive days.
IN THE EVENT THAT YOU BREACH ANY OF
THE TERMS OF THIS AGREEMENT, SHUTTERSTOCK SHALL HAVE THE RIGHT TO TERMINATE
YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO
SHUTTERSTOCK'S OTHER RIGHTS AT LAW AND/OR EQUITY.
SHUTTERSTOCK MAKES NO REPRESENTATIONS
OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE
ASSOCIATED WITH AN IMAGE EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE
MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE.
SHUTTERSTOCK GRANTS NO RIGHTS AND
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES,
TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE
DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY
RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY
IMAGES ARE OBTAINED.
SHUTTERSTOCK DOES NOT WARRANT THAT
THE IMAGE(S), SHUTTERSTOCK WEBSITES OR OTHER MATERIALS, WILL MEET YOUR
REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK
AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT YOU SHOULD SEEK
COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR
SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
SHUTTERSTOCK SHALL NOT BE LIABLE TO
YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES,
COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), SHUTTERSTOCK'S
BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF SHUTTERSTOCK HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL
SHUTTERSTOCK'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY
CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR
INABILITY TO USE THE SHUTTERSTOCK WEBSITE AND/OR IMAGE(S) CONTAINED THEREON
(WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY
RECEIVED BY SHUTTERSTOCK FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).
Effective 29 June 2006
|
|
