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.
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. 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
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 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
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.
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.
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.