TERMS OF USE

THE SHORT VERSION

We’ve created these images with content creators and designers in mind. You’ve worked hard on your content, so let us help you by providing high-quality images to support your ideas.

We want you to use these images for just about whatever you need. However, there are a few limits so here’s a quick overview. Once purchased, you have unlimited web use for blogs, social media posts, and free educational materials. However, if you’re going to use the images to sell something (notebooks, t-shirts, planners, etc), you’ll have to purchase an extended license.

If you don’t want to give us photo credit, that’s cool, but don’t try to pass the images off as your own. Also, please use the images for good, non-slanderous purposes. Basically, don’t be a jerk.

 

THE LONG VERSION

Terms & Conditions
Definition:
“Image(s)” means all visual representations furnished by “BTSP” Better Than Stock Photos by Business Betties, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, BTSP may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that BTSP may select, at a resolution that BTSP determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, BTSP’s sole obligation will be to replace or repair the data, but in no event will BTSP be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, BTSP has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept BTSP’s judgment as to the acceptability of the Images.

Rights:
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of BTSP. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of BTSP and the payment of additional fees. No rights are transferred to Client unless and until BTSP has received payment in full. The parties agree that any usage of any Image without the prior permission of BTSP will be invoiced at three times BTSP’s customary fee for such usage. Client agrees to provide BTSP with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made.

Indemnification:
Client will indemnify and defend BTSP against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. BTSP’s liability for all claims shall not exceed in any event the total amount paid under payment agreement.

Assumption of Risk:
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

Transfer and Assignment:
Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of BTSP, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. BTSP is an independent contractor and not an employee. If BTSP is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to BTSP. Client agrees to execute any documents reasonably requested by BTSP to accomplish, expedite or implement such transfer.

Disputes:
Except as provided below, any dispute regarding this agreement shall, at BTSP’s sole discretion, either:
(1) be arbitrated in Hampden County, MA, under rules of the American Arbitration Association and the laws of Hampden County, MA; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Hampden County, MA under the laws of the United States and/or of Hampden County, MA.
(3) In the event of a dispute, Client shall pay all court costs, BTSP’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of BTSP.
Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by BTSP under the Copyright Act of 1976, as amended, including subsidiary and related claims.