The right to access and use the Site content is provided by Articoo once the User accepts all provisions, rules and conditions of the Membership Agreement and Terms of Use. If, for whatever reason the User disagrees with these provisions and does not accept the terms of the Agreement, he/she may not enter the Site and use its resources. In case any contradiction between the details of this Membership Agreement and the Terms of Use, the details given within this Membership Agreement shall be dominant and valid.

Articoo reserves the right to make changes, additions, and corrections to the Membership Agreement in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User keeps on working with the Site after such changes have taken place, the User acknowledges his/her consent with them. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Site and its files.

1. WORKING WITH SITE FILES

The Site is a resource that may contain or directly contain files, information, software, illustrations, photographs and similar files that are subject to copyright, trademark or service mark, or that are within the scope of other similar or related rights of Articoo or others, including users of the Site.

The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole. Exclusion applies to cases when such permission is clearly and definitely stated in this Membership Agreement or any other agreement that comes into effect from the moment when usage of the Site starts.

Files displayed on the Site are provided by Articoo members under exclusive and non-exclusive supply agreements. (For the terms of these supplies, see the corresponding parts of the Articoo Supply Agreement) Subject to the terms of the supply agreements, the User has the opportunity and the right to upload or place any files on the Site by any other means. His entire property. The User has the opportunity and right to download files only in accordance with the conditions stipulated in this Membership Agreement.

Once the User purchases an image, it remains available for downloading for one year after payment is submitted. During this time the User can download it as many times as necessary without any additional payment, from the Buyer Menu – Purchased Files folder.

2. ACCESS PASSWORDS

The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written permission from Articoo.

The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that Articoo automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though Articoo does not impose specific requirements as to their contents and quality.

3. SITE BEHAVIOR RULES

The User confirms that he/she does not intend to use files of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files obtained from the Site in an inappropriate manner including, but not limited to:

• Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site.

• Placing, uploading, publishing, showing, or distributing files of a scandalous or detractive nature, including ribald, indecent, coarse or unlawful pictures and other files.

• Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns.

• Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers.

• Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;
• Falsifying or imitating data concerning an original source of any files offered at the Site.
• Advertising or selling goods or services of any kind, and also placing at the Site any information without any relation to the specialization of Site resources (such as surveys, advertisements, or spammer mailings).

• Downloading or saving any files or programs at the Site if the User knows that they are unlawful, cannot or should not be legally distributed.

• Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, to distribute referral links, promote files, goods, services or activities, whether or not connected to the Site.

• Using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs being in direct or indirect competition to Articoo activities.

the files and content presented at the Site, are not officially approved by Articoo, and no files or information placed at the Site permanently or temporarily shall be regarded as analyzed, viewed or approved by Articoo. As stated below, Articoo has the right and authority to remove any files at any time without notification to authors, license-holders or owners of the files.

The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other Articoo user records. The User agrees to access Site files in accordance with Site rules and procedures.

4. SITE MANAGEMENT

Articoo does not control all uploads and information exchanges performed throughout the Site and is not responsible for such exchange and communication. Nevertheless, Articoo has the right to move, delete, refuse to publish, or edit any text message or files which Articoo may regard as violating or presumably violating this Agreement, the rights for private or intellectual property, or similar rights of third parties. The Contributor agrees to the expropriation of any commissions paid for the respective files.

Articoo has the right but not the obligation to correct mistakes in the files at its own convenience.

Articoo respects intellectual property of third parties and asks its users to behave the same way. If the User has grounds to believe that his/her work has been copied in violation of copyright, or his/her other intellectual property rights have been violated directly or indirectly, the User should provide Articoo with a claim or notice of such infringement in accordance with the form given within the Terms of Use.

By accepting this Agreement, the User acknowledges his/her consent to receive an electronic newsletter and notifications from Articoo. The User can always access his/her Private Profile to change whether to enable or disable notifications.

5. TERM, GROUNDS AND PRINCIPLES OF TERMINATION

This Membership Agreement is effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contact form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify Articoo regarding the desire to terminate the Agreement. Articoo reserves the right at its discretion to suspend, terminate or restrict the User’s right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.

Articoo has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.

Articoo also retains the right to suspend or fully terminate access of the User to the Site files in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site files.

A Membership Agreement termination does not indicate automatic exemption of liability and obligation of reimbursement of debts to Articoo in accordance with the provisions of this Agreement or other liabilities of the User, namely: not to use the Site files or other content presented within its resources by ways other than those permitted with the terms and provisions of this Agreement that were valid by the moment of said use.

Upon termination of the User profile and his/her access to the Site files, the User confirms his/her consent to forfeit all credits remaining at his/her account.

6. DISCLAIMER

THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED «AS IS», WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF DEPOSITPHOTOS. USERS ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.

ARTICOO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. ARTICOO MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.

MOREOVER, ARTICOO FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS THAT:

• ACCESS TO THE SITE, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE AT ALL TIMES;
• SITE, SITE CONTENT AND SERVICES WILL MEET USER’S EXPECTATIONS, WILL BE SATISFACTORY TO USER’S NEEDS AND REQUIREMENTS OR WILL BE UNINTERRUPTED AND ERROR-FREE;
• RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT AND SERVICES WILL BE EFFECTIVE OR RELIABLE;
• ANY ERRORS OR DEFECTS IN SITE, SITE CONTENT AND SERVICES WILL BE CORRECTED BY DEPOSITPHOTOS;
• SITE, SITE CONTENT AND SERVICES WILL BE PERMITTED IN ANY JURISDICTION;
• SITE, SITE CONTENT AND SERVICES WILL BE FREE OF VIRUSES, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND/OR ANY OTHER HARMFUL COMPONENTS;
• SITE, SITE CONTENT AND SERVICES WILL BE INTEROPERABLE WITH USER’S HARDWARE AND SOFTWARE;
• ANY OF USER-GENERATED CONTENT WILL BE AVAILABLE THROUGH THE SITE OR WILL BE STORED (TEMPORARY OR PERMANENTLY) AS A SITE CONTENT;
• ANY DOCUMENTS REGARDING SITE, SITE CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME;
• ARTICOO WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF THE SITE AND SITE CONTENT.

TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

AS LONG AS SITE CONTENT AND SERVICES PROVIDE YOU WITH DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, NO WITHDRAWAL OF THIS MEMBERSHIP AGREEMENT BY USER SHALL BE POSSIBLE UNDER ANY CONDITIONS.

7. LIMITATION OF LIABILITY

The User confirms that he understands and accepts responsibility and bears all risks resulting from the use of the Site, without restrictions.

Articoo, the Contributors and Agents will not be liable for failures of any kind or closure of the Site resulting in loss of business information, profits or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of this Membership Agreement, as well as outside of its jurisdiction, including, but not limited to, navigation of the Site, its use and access to any files or parts thereof, as well as any rights implied even if Articoo has been advised of the theory of the possibility of such damages regardless of whether the event and failure occurred due to Infringement of intellectual property or other intellectual property, or was based on breach of law, negligence, obligations of contract or other similar terms and situations, or not.

Articoo’s aggregate liability and damages in connection with the use, in whole or in part, of the Site or its Content shall not exceed ten U.S. dollars ($10.00).

IF APPLICABLE LAWS AND ORDINARY PROCEDURES DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF LIABILITY TO THE FULLEST EXTENT FOR INDIRECT OR INCIDENTAL DAMAGES, ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS WILL NOT APPLY TO THE USER. In the event of a situation falling within such jurisdiction, the liability of Articoo or any of its employees, directors, shareholders, partners, licensors or agents shall be limited to the maximum value permitted by law.

8. AGE AND RESPONSIBILITY

Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Articoo will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Articoo’ attention that any personal information from children was submitted or collected through the Site.

The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.

9. GENERAL PROVISIONS

The User confirms that, in addition to the terms of this Agreement, he/she has familiarized himself/herself with the Terms of Use and other agreements that are referenced in this Agreement, and agrees with the restrictions which they impose.

Absence of a result of actions performed by Articoo for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.

User shall not be allowed to assign this Membership Agreement and/or transfer User’s rights and obligations under this Membership Agreement fully or partly to any third parties. Articoo shall be free to assign this Membership Agreement and/or transfer User’s rights and obligations under this Membership Agreement fully or partly to any third parties upon Articoo sole and absolute discretion.

13. CONTACT INFORMATION

For any questions in connection with the provisions of this document, please contact Articoo using the contact information below.

Contact information:

E-mail: [email protected].

Or use this link: Contact Us.

14. ACKNOWLEDGEMENT

IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARTICOO AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND DEPOSITPHOTOS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND ARTICOO RELATING TO THE SUBJECT OF THIS AGREEMENT.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, THE USER ALSO ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD ALL OTHER RELATED AGREEMENTS LISTED BELOW, WHICH CAN BE FOUND ON THE WEBSITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS:

• Terms of Use;
• Privacy Policy;
• Supply Agreement;
• Referral Agreement;
• Subscription Agreement;
• Cancellation Policy;

IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF ONE OR MORE OF THE ABOVE-MENTIONED DOCUMENTS, THE USER SHOULD CEASE USING THE WEBSITE OR ANY FEATURES OF THE WEBSITE GOVERNED BY THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT; BY USING THE WEBSITE AND ITS FEATURES, THE USER IMPLICITLY AGREES WITH ALL THE TERMS AND CONDITIONS OF THE AGREEMENT.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supercedes the translated version.