THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND HUMANLINE LTD, THE OWNERS AND OPERATORS OF WWW.HUMANLINE.COM (“Humanline”). If you do not agree to accept and abide by these terms, you should not access or use this web site.
If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement.
Humanline may revise and update these terms at anytime and without notice. Your continued access or use of this web site after any such changes have been publicly announced will constitute your acceptance of these changes.
This Agreement is in addition to your obligations under the applicable Content License Agreement (both commercial and educational) you may enter into on licensing an image from this Site. In the event of any conflict between this Agreement and the Content License Agreement, the Content License Agreement will control as to the conflicting terms.
Unless you have entered into a separate agreement with Humanline, such as a Content License Agreement (both commercial and educational), any other use of the images without Humanline’s written permission is prohibited.
By using this web site and/or registering, you warrant that you are 18 years of age or older.
Ownership and use of images
All images and related informational materials in any medium furnished by Humanline, including related text, captions, or information (collectively referred to as “Content”), is owned by Humanline or our Content suppliers and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights.
Except as explicitly permitted under the applicable Content License Agreement (if any), no portion or element of this site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Humanline.
FOR THE PROTECTION OF HUMANLINE AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM HUMANLINE AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to Humanline’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool.
You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this site. Your use of this site and any Content shall comply with all applicable law.
Humanline reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Humanline.
Humanline may restrict or remove Content from this web site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Humanline.
Children
Minors and children (persons under the age of 18) are not eligible to use this web site unsupervised and we ask that minors and children do not register or submit any personal information to us.
Privacy
Humanline is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have privacy policies and practices explaining how we collect, use and disclose the personal information of those individuals who visit our website - these are set out in our Privacy statement on the web site.
Termination
Humanline may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Humanline’s request, return all such copies to Humanline.
Trademarks
You may not use the trademarks or service marks of Humanline or those of the represented contributors without Humanline’s or the respective contributor’s prior written consent. “Humanline,” and the Humanline logo, among others, are trademarks of the Humanline Ltd. Other product and company names mentioned on the Site will be trademarks of their respective owners.
Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this web site.
Humanline shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this web site or your downloading of any of the Content from this web site.
Linked web sites
As a convenience, our web site may link to other sites that may be of interest to you but are not under Humanline’s control. These links do not imply endorsement by Humanline and we are not responsible for the availability of or the content contained in any linked site. Humanline shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party web sites or other linked services.
Disclaimer
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Humanline. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Limited Liability
HUMANLINE PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER HUMANLINE NOR ANY HUMANLINE SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS WEB SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL HUMANLINE' OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED $100. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify and hold harmless Humanline and its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this agreement, (ii) Your use or modification of any images, or combination of any images, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the images; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Notification of Copyright Infringement
Humanline may terminate the rights of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Humanline 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 on the Site; (iv) information sufficient to permit Humanline to contact you, such as your physical address, telephone number, and email address; (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; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Humanline should in the first instance be emailed at support@humanline.com
Miscellaneous
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.
The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language.
In any dispute between Humanline and you, Humanline shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
This Agreement (along with Humanline’ Privacy Policy, the Humanline Contributor Agreement and the Humanline Content License Agreement, if applicable) constitutes the entire agreement between the parties.
No action of Humanline, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement.
This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Humanline, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Humanline. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.
You may not assign or transfer this Agreement without Humanline’s prior written consent.
If you are unsure of your rights or obligations under this Agreement do not use the web site and contact Humanline by e-mail at support@humanline.com.