medicalpix.com

END-USER LICENSE AGREEMENT

By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This Agreement is made by and between medicalpix.com and the user (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.

medicalpix.com, on behalf of its contributors, hereby represents that they own all rights and copyrights to all Materials on the medicalpix.com website, and all rights and copyrights to this website and Materials shall remain the exclusive property, right and control of medicalpix.com and our respective contributors.

‘Materials’ from our website will constitute and be defined as any photo, image, video, animation, design, or layout represented on the medicalpix.com website.  By downloading any Materials from medicalpix.com You are asserting Your declaration that You have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.

A. USER’S RIGHTS TO MATERIALS

These Terms and Conditions constitute a legal Agreement between You and medicalpix.com.

You agree to access, acquire, and use our Materials under the following terms:

medicalpix.com.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the type of license purchased and the defined Terms and Conditions of this Agreement.

a)     Standard License

We hereby grant to you a non-exclusive, non-transferable worldwide license to use the Content for the Licensed Uses (as defined below). Unless the activity or use is a Licensed Use, you are not permitted to use our content in that manner without our express written authorisation. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by MedicalPix or the copyright holder, as the case may be.

You may access, acquire, and use the Materials downloaded from medicalpix.com subject to these Terms and Conditions and in the following manner:

Licensed Uses - Standard Licence

1. As part of an offline presentation, including articles, technical papers & journals, where reproduction is limited to a maximum of 20 copies;
2. In a PowerPoint^TM or similar electronic medium presentation; 
3. Online or electronic publications including web pages, licence allows for only one instance of each image;
4. Prints, posters (i.e. a hardcopy) books, magazines, newspapers, editorials, newsletters, video and other reproductions for personal use or promotional purposes, limited to a maximum of 20 copies, but not for resale, license or other distribution;

b)      Extended License

You may access, acquire, and use the Materials downloaded from medicalpix.com.com subject to these Terms and Conditions in the following manner:

Licensed Uses - Extended Licence

1. In the development and creation of Your organization’s presence and entity;
2. As part of an offline presentation, such as articles, technical papers, journals, >magazines, course material, books, and on book covers as part of the cover’s design;
3. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers;
4. As part of office presentation and layout for Your organization, including for decor in an office, lobby, retail store, or public area;
5. In a PowerPoint^TM or similar electronic medium presentation;
6. As part of a design element of a website, video, film, television broadcast, CD-Rom or DVD cover;
7. Prints, posters (i.e. a hardcopy) books, magazines, newspapers, editorials, newsletters, but not for resale, license or other distribution; 
    
   

B. RESTRICTIONS ON THE USE OF MATERIALS

You agree not to access, acquire, or use our Materials in any of the following manners:

You may not at any time, share, sell, give, or allow anyone to use Your username/password, nor access Your account for any reason.

You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.

You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the ‘User’s Rights to Materials from medicalpix.com’ section of this Agreement.

You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our images in client websites that are NOT distributed through an archive or automatic system.

You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.

You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any Materials from our website at any time.

You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.

C. RIGHTS OF MEDICALPIX.COM

You understand and agree that medicalpix.com may, in its sole discretion:

Monitor Your download activity from medicalpix.com as often as medicalpix.com determines under its sole discretion for any reason and for any violation of this Agreement.

Disable any account that engages in what medicalpix.com determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.

Limit downloads to a fixed amount of downloads per 24 hour period, per user, as medicalpix.com sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.

Investigate any abuse of Your username and password in connection with the medicalpix.com website or in connection with this Agreement.

Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.

Terminate Your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on medicalpix.com, without notice.  If Your account is terminated for any violation of this Agreement and/or abuse of Your username or password, and/or our Materials, You lose all rights to medicalpix.com Materials, and You must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.

D. OWNERSHIP OF MATERIALS

You understand that Materials are copyrighted and owned by medicalpix.com and our respective contributors. 

Any unauthorized use of any of these Materials by You may be an infringement upon said copyright.

E. FITNESS FOR PURPOSE

medicalpix.com and all Materials are made available to You ‘AS IS’, ‘AS AVAILABLE’, ‘WITH ALL FAULTS’.

medicalpix.com its employees, directors, and officers and anyone else associated with medicalpix.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. 

medicalpix.com further makes no representation or warranty that Your usage of medicalpix.com will be uninterrupted, error free of computer viruses, or other damaging materials.  When You login to your account, and access medicalpix.com, You do so at Your own risk.

F. LIABILITY

medicalpix.com, its employees, directors, and officers, or anyone else associated with medicalpix.com shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.

medicalpix.com, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by You for accessing or using medicalpix.com, and for accessing, acquiring, and/or using Materials from medicalpix.com.

G. AGE OF MAJORITY. 

You warrant and attest that You are of the age of majority, and that your registration shall serve as confirmation and attestation to this statement. 

You further agree that You fully understand the contents, meaning and impact of this agreement. 

You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. 

Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. 

You further attest that the information You provide to medicalpix.com is accurate and true, including without limitation all credit card information

H. HOLD HARMLESS

You agree to fully indemnify, and hold harmless medicalpix.com, its employees, directors, officers, and any other entity associated with medicalpix.com, and each of its successors, licensees, and to assign free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.

I. ENTIRE AGREEMENT.

You acknowledge that this agreement expresses the parties' entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. 

The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You (the Buyer) and medicalpix.com (the Seller) with respect to the matters expressly set forth in this agreement.

J. USER ACKNOWLEDGEMENT

You agree, attest, and reaffirm Your agreement to the terms listed herein and to conduct your transaction electronically.