Terms and Conditions
Last updated on June 30, 2018
Please read these Terms and Conditions carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these Terms and Conditions ("Terms"), do not use this Site.
1. ACCEPTANCE OF TERMS
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that CoverStockPhotos.com ("the Site") may publish from time to time (collectively, the "Terms"). If you do not agree to all the terms and conditions contained in the Terms and Conditions, do not access or use this Site.
1.2 CoverStockPhotos.com may change these Terms and Conditions from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms and Conditions" link on the home page of coverstockphotos.com to view the then-current terms. If you breach any of the Terms and Conditions, your license to access or use this Site shall automatically terminate.
2. PURPOSE OF THIS WEBSITE
2.1 The purpose of the website CoverStockPhotos.com ("the Site"), owned and operated by ELLTA LLC ("the Owner"), is to provide authors, cover designers, video producers, and their authorized representatives ("Users") the technical means ("Service") to purchase and download CoverStockPhotos images, video clips, and other products ("Site Content"), in digital format.
3. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
3.1 Subject to your compliance with these Terms of Use, any applicable license agreement with the Site, and the law, you may access and use the Site. The Owner remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. The Owner may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in the Owner’s sole discretion. The Owner provides the Site on an "as is" and "as available" basis.
3.2 All content on this Site, including but not limited to images, footage, music, and related metadata (collectively the "Site Content"), as well as the selection and arrangement of the Site Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Site Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and the Site, the Site does not grant any express or implied permission to use the Site or any Site Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Site Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Site Content.
3. 3 Unless you enter into a license agreement with the Site you may not download, distribute, display and/or copy any Site Content.
3.4 You may not remove any watermarks or copyright notices contained in the Site Content. Low-resolution and watermarked images displayed on the Site may only be used within a project team for internal evaluation of the suitability of said Content for the project. Neither the Site nor the Owner give any assurance of the suitability of Content for any use.
4. SERVICE OF OPERATION
4.1 The Owner will make every reasonable effort to keep the Site and the Service operational. However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.
4.2 Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content shared, posted, emailed, transmitted or otherwise made available via the Services.
5. INFORMATION YOU PROVIDE
5.1 The Site (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to the Site subject to your agreement with the applicable third-party platform. The Site’s collection and use of all such information shall at all times conform to this Terms of Use, the Site’s Privacy Policy, and applicable law.
5.2 The Site will use and protect your personal information, such as your name and address, in accordance with the Site’s Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.
6. LIMITATIONS/User Conduct
6.1 You may not use any Site Content for any purpose without first obtaining a license to use such Content. Any use of the Site Content by you shall be governed by the applicable license agreement separately entered into between you and the Site. Displaying and/or distributing to the public any watermarked or unlicensed Site Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
6.2 Under no circumstances will you use the Site to:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of the Site or any third party.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
- Violate the rights of the Site or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Share, post, email, transmit or otherwise make available any Site Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
7. RESTRICTION AND TERMINATION OF USE
7.1 The Site may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Site Content at any time in the Site’s discretion, without prior notice or liability to you. Any conduct by you that, in the Site’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice. No refund of fees or other amounts will be made if you violate or breach any of the “Terms”.
8. LINKS TO THIRD PARTY SITES
8.1 In the event that the Site is available through any third-party platform, or if the Site provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that the Site makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of the Site, and the site provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by the Site
9. WARRANTIES AND DISCLAIMERS
9.1 Your use of the Site is at your own risk. The Site is provided by the Owner under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. The Site and the Owner expressly disclaim any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, the Owner makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. The Owner makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that the Owner will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
10. INDEMNIFICATION
10.1 You agree to defend, indemnify and hold harmless the Owner, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Site Content, or your violation of any rights of another.
11. MISCELLANOUS
11.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of New Mexico. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. The Owner shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of the Owner, such action is necessary or desirable.
11.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New Mexico, without respect to its conflict of laws principles.
11.3 In the event of any conflict between these Terms of Use and any license agreement you enter with the Owner, the terms of such license agreement shall control.
11.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
12. Purchasing Terms and Conditions
CoverStockPhotos.com and buyer (“Client”) agree to the following purchasing terms and conditions:
1. Purchase and Usage:
1.1. Client commits to the “TERMS” by clicking “I agree” on the CoverStockPhotos.com Checkout Page. No additional signatures are needed to make this agreement valid.
1.2. After the payment is processed, the client will instantly receive access to the “Downloads” link on Client’s Account Page. The “Downloads” link will take Client to the Downloads Page, which will include the links to the downloadable digital images purchased by Client.
1.3. Client agrees to pay CoverStockPhotos.com the “one time” purchase fee for the license that Client chooses for the desired image. No additional royalties are owed to CoverStockPhotos.com by Client unless Client decides to upgrade the license(s) for the image(s) Client has purchased before.
1.4. Client can use purchased image(s) only in accordance with the license(s) that Client purchased for the image(s). Please refer to the invoice for the license information. CoverStockPhotos.com LICENSES are explained here.
1.5. You may not claim intellectual or copyright ownership to any of our images. All images are property of CoverStockPhotos Team.
2. Refund policy
2.1. We will refund the money for the purchase only if the downloadable image does not match the image on the product page.
2.2. We have the right to refuse refund request if:
Client changes his/her mind about the appropriateness of the image for their purposes.
Client decided to use another image for their purposes and wants to trade. Client has the responsibility to preview the image(s) before purchasing it(them). If Client has any question, he/she should direct them to This email address is being protected from spambots. You need JavaScript enabled to view it. .
Due to the digital nature of our products, there is no way for the Client to truly return the purchased image. It remains in Client’s possession indefinitely. Therefore, no refund(s) will be issued for Client’s purchases.
3. Upgrade
3.1 If Client decides to upgrade the license for the previously purchased image(s), he/she should email our Team at This email address is being protected from spambots. You need JavaScript enabled to view it. for further directions.