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Site Usage Agreement
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM OR UPLOAD MATERIALS TO THIS SITE.
By using this site and/or downloading and/or uploading any material, you agree to be bound by this Agreement.
The term User Items refers to any and all images, serial numbers, descriptions, or any other visual or textual content that a user uploads or adds to SerialLocker.com whether it is for an address, vehicle, valuable, item or any other content added.
This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. You agree that the SerialLocker.com domain includes any similar Internet addresses used to arrive at SerialLocker.com and that those terms also refer to SerialLocker.com, Inc. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any user items appearing anywhere on the SerialLocker.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here, you agree to immediately discontinue your use of the site and erase all data you have downloaded.
Use of this site
This site is owned and operated by SerialLocker.com. All user items and related informational materials in any medium provided by SerialLocker.com hereunder, including related text, captions, or information are owned by SerialLocker.com and in some cases by our user item providers (general users). All user items are protected by US and international copyright laws.
This site may contain both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). SerialLocker.com allows you to search for, view, and use User Items and Images only as permitted below. If you have registered for a SerialLocker.com account and SerialLocker.com has approved your registration, you may be able to access User Items and Non-Watermarked Images, which shall be used only as permitted below. SerialLocker.com reserves the right to revoke your authorization to view, download and use the User Items and information available on this site at any time, and you agree to immediately discontinue your use upon notice from SerialLocker.com. All rights not specifically granted under this Agreement are reserved to SerialLocker.com. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or to retrieve User Items or related information.
SerialLocker.com may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the User Items, delete all User Items and all copies from all media and destroy all other copies. Your use of this site and any User Items shall comply with all applicable laws, including but not limited to those relating to copyrights and privacy. SerialLocker.com may restrict or remove your access to this site at any time, or restrict or remove the use of any User Item for any reason, and/or may replace the User Item with another User Item, and you agree to immediately discontinue all use of any User Items that are no longer authorized by SerialLocker.com upon notification from SerialLocker.com. By using SerialLocker.com you also agree to release SerialLocker.com from any responsibility of actions by others that are illegal and/or harmful to you, your client, or any relative, friend, or acquaintance due to User Items submitted either by yourself or any other individual with or without your permission.
Law Enforcement Users/Downloaders Hold Harmless and Indemnification Agreement
You agree that if you or your client(s) violate any of the terms of this agreement, you will compensate SerialLocker.com for any and all related damages and for all reasonable attorneys’ fees and costs incurred by SerialLocker.com to accomplish compliance and/or to seek and collect damages and/or to seek and collect any and all other remedies in law and in equity. You also agree to hold SerialLocker.com harmless from all other parties who allege that they have been damaged in any way by your violation of this agreement, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause SerialLocker.com to pay damages to another party or parties and/or to defend any action against SerialLocker.com by another party or parties because of your alleged actions or inactions. You also agree to indemnify SerialLocker.com for all damages, attorneys’ fees and other costs that SerialLocker.com incurs directly or indirectly because another party or parties allege that they have been damaged in any way by your violation of this agreement, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause SerialLocker.com to pay damages to another party or parties and/or to defend any action against SerialLocker.com by another party or parties because of your alleged actions or inactions.
You agree that the responsibility for the User Items and related text uploaded to our site is entirely that of the contributors who provide the User Items and in doing so that they represent that they have the copyright and other rights to do so and that SerialLocker.com is not responsible for them. If you find a file that you believe may represent a potential infringement of copyright or other right, please notify us so that we may investigate and take the appropriate action.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any User Items may include images and text that may only be used, if at all, after you comply with privacy laws and/or other laws. Some User Items may be offensive to other members of society and you must make such determinations and take appropriate precautions so that you do not violate their rights or cause them to be damaged in anyway. You must be aware that your search may display results containing content that may seem inappropriate or offensive. You are solely responsible for determining whether your use of any User Items 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 SerialLocker.com or its members. 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 counselors.
General users/Contributors/Representations, Hold Harmless and Indemnification Agreement
If you upload User Items or text or otherwise contribute content to our site you agree and represent that you hold all copyrights for the User Item(s) and text and that, when legally necessary, you have previously obtained a model release from each person who is included in your User Items, and/or from that person’s legal guardian. You agree that SerialLocker.com shall not be held responsible for anything that you upload to the site.
You also agree to hold SerialLocker.com harmless from and to indemnify SerialLocker.com for all damages, attorneys’ fees and other costs that SerialLocker.com incurs directly or indirectly because another party or parties allege that they have been damaged in any way by your violation of this agreement, and/or a violation of any copyright or privacy right, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause SerialLocker.com to pay damages to another party or parties and/or to defend any action against SerialLocker.com by another party or parties because of your alleged actions or inactions.
Furthermore, by using SerialLocker.com you agree to hold SerialLocker.com harmless from any malicious acts taken towards you, your family, your property or anyone else or anything else by your use of this site. SerialLocker.com has set forth precautions to protect you and your property, but SerialLocker.com makes no guarantee that posting personal information on this site will not bring hardships. SerialLocker.com provides a service to assist you in recovering your User Items after it has been stolen, therefore, SerialLocker.com makes no guarantee that by posting your User Items on its website that your User Items will not be stolen. SerialLocker.com makes no guarantee that by posting your User Items and using SerialLocker.com that Law Enforcement will be able to recover your User Items. SerialLocker.com provides a service for you to store your User Items and does not provide any service for recovery of your stolen User Items. It is your responsibility to report stolen User Items to the appropriate Law Enforcement Agency so that they can begin the recovery process.
Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and children may not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older and otherwise competent.
Use of User Items
User Items include without limitation all digital images on and from our site and any related textual information, including but not limited to captions, credits, and notes. User Items may include Images containing Watermarks in any form and/or reduced resolution Images whether Watermarked or not, and or Images of higher resolution whether Watermarked or not.
Conditional upon your compliance with this Agreement, SerialLocker.com grants you a limited license to download User Items solely for legal and lawful investigations and proceedings according to our Terms and Conditions applicable to your use. You may not use a User Item in any materials, whether final or not, distributed outside of your company or to the public or in any online or other electronic distribution system and you may not reproduce them for any purpose other than legal and lawful investigations and proceedings according to our terms and conditions. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image or User Item. Except for this limited use, SerialLocker.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any User Item.
Registering For a SerialLocker.com Account
To obtain access to our User Items as well as to upload any User Item, you have to apply for a SerialLocker.com account and you agree to provide complete, true and accurate information. SerialLocker.com reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by SerialLocker.com. Our privacy policy can be reviewed at the following link: Privacy Policy.
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify SerialLocker.com of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all User Items downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify SerialLocker.com of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any SerialLocker.com account or web site or related services.
After properly acquiring an account, you can download User Items using various licenses available on our site. These licenses are awarded to the account owner, whether an individual or other entity. This is a one-person license and can be used only by the account owner or designated employee for the company's own projects or clients and cannot be transmitted to another party except for user in legal and lawful investigations and proceedings. If the User Item is to be used by more persons or employees, then you must contact us to apply for additional licenses and/or authorization, which we reserve the right to decline.
None of the user items on or from our site may be relicensed, resold or redistributed by any means, or made available for redistribution or resale by a third party without SerialLocker.com's separate expressed written consent.
Unauthorized Use
Without limitation, User Items may not be used as a trademark or service mark without the expressed written permission of SerialLocker.com. User Items may never be used for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of these User Items constitutes a breach of this agreement and may constitute copyright infringement and shall entitle SerialLocker.com to exercise all rights and remedies under applicable law and/or in equity, including but not limited to injunctions preventing further use, as well as monetary damages against you and all users and beneficiaries of the use of such User Items, and related attorneys’ fees and costs incurred directly or indirectly by SerialLocker.com. The foregoing is not a limiting statement of SerialLocker.com's rights or remedies in connection with any unauthorized use.
Credit Line Requirements
All User Items used must be accompanied by a visible credit line and copyright notice adjacent to each User Item used unless you have received expressed written permission from us to exclude it.
Sensitive Subjects
Any license granted by SerialLocker.com shall not constitute a representation that a User Item is compatible for use with any other material. You are solely responsible for the use of any User Item in combination with any other material, and you agree not to use User Items in any way and/or with any other images or materials that would misrepresent the true nature of the licensed User Item or portray it or any person in a false light.
Refund Policy
All sales on/from SerialLocker.com are final.
If you wish to cancel your account with SerialLocker.com you may do so by using the appropriate section of our website. You will not be charged following the cancellation of your account; however, you forfeit any fees already paid to SerialLocker.com. Your account or your client’s account will remain active from the date of cancellation up to the extent of payment, but not to exceed the extent of payment. After your account has reached its extent of payment it will be deactivated and all User Items and materials will be lost. Up until the extent of payment you will still have the right to re-activate your account without any further interruption by continuing payments. Furthermore, SerialLocker.com will not be held responsible for any loss or interruption of account service or User Items due to server issues, be it hardware or software, of any means. Refunds and account credits will not be issued due to server issues. Any refunds granted are at the sole discretion of SerialLocker.com and can be declined for any reason with or without notice.
SerialLocker.com Trademarks
The trademarks, services and logos used and displayed in SerialLocker.com are registered and unregistered trademarks of SerialLocker.com its subsidiaries and affiliates. SerialLocker.com trademarks may only be used publicly with the permission of SerialLocker.com, Inc. with proper acknowledgement. Except as expressly granted SerialLocker.com, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless SerialLocker.com, Inc. against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any User Item either alone or in combination with any other material, your failure to abide by any restriction regarding the use of a User Item, or any claim by a third party related to the use of a User Item, alone or in combination with any other material.
Disclaimers
SERIALLOCKER.COM, INC. PROVIDES YOU WITH ITS SITE AND USER ITEMS ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY USER ITEMS, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER SERIALLOCKER.COM, INC. NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE USER ITEMS, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL SERIALLOCKER.COM, INC.'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY USER ITEMS PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT USER ITEM.
Copyright
The User acknowledges that SerialLocker.com, Inc. prohibits any User Item or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at SerialLocker.com.
By uploading his/her User Item, the user is warranting that he/she owns all proprietary rights, including copyright, in and to the User Item. The User acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on SerialLocker.com, Inc.'s servers. SerialLocker.com, Inc. reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The User hereby grants SerialLocker.com, Inc. a non-exclusive license to post the User Item on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants SerialLocker.com, Inc. and its representatives the right to sublicense the User Item to their customers in accordance with the terms of the SerialLocker.com, Inc. License Agreement, a copy of which the User acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in and to the uploaded User Items, shall be retained by the User, unless otherwise mentioned by the license agreement. The User acknowledges that no monetary or financial compensation is owing or required to be paid to the User by SerialLocker.com, Inc. or any of its directors, officers, employees partners, agents or members for the rights granted herein by the User.
The User is entitled to disable file(s) from his/her portfolio by using the appropriate section of SerialLocker.com. Read the SerialLocker.com terms for specific details regarding the contributors' obligations. Once disabled, you must remove them from all public pages of the site within 24 hours. SerialLocker.com, Inc. is entitled to keep an offline copy of the files in order to allow previous inquirers to verify the accuracy of the content or to allow the User to reactivate the file(s).
The User agrees that neither SerialLocker.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the User Item. The User further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the User Item.
Notification of copyright infringement
SerialLocker.com, Inc. may terminate the accounts 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 SerialLocker.com, Inc.'s site, send SerialLocker.com, Inc. 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 SerialLocker.com, Inc. site; (iv) information sufficient to permit SerialLocker.com, Inc. 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 (vii) 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.
Additional Rights and Obligations:
SerialLocker.com reserves the right to reject and/or remove any submitted User Items for any reason including but not limited to: noise, poor focus, poor lightning, distorted pixels, poor composition, inappropriate language, or images that do not comply with the web site concept or terms of any assignment with SerialLocker.com, Inc.
In addition to all other terms, the user must retain on file a valid Exclusive Model Release Form that has been agreed to and signed by the model if the image contains any recognizable faces of human beings.
User's Image Copyright Release Form
For valuable consideration: I hereby authorize SerialLocker.com, Inc. to publish, distribute, and sell certain usage and/or licensing rights to photographs that I submit to them at www.SerialLocker.com and/or similar addresses used by them.
I understand and agree that by submitting images to SerialLocker.com, I am submitting them to SerialLocker.com, Inc. and I authorize SerialLocker.com, Inc. to duplicate, print, distribute and sell certain usage and/or licensing rights relating to them. I also understand that any image that includes a recognizable person or property requires written consent from that person or owner prior to submission and I must retain on file a signed Model Release document and/or a Property Release document specifically signed for SerialLocker.com, Inc. I am aware and agree that SerialLocker.com, Inc. will not be held liable for any copyright infringements on any photographs that I submit. By submitting my photographs to SerialLocker.com for publication on their web site, I relinquish all copyrights and rights to otherwise sell, lease and/or use the images that I have submitted to SerialLocker.com, Inc.
I understand that the buyers and/or lessees of any usage and/or licensing rights sold or leased by SerialLocker.com for my images, may remain anonymous to me. I agree not to make any contact with those buyers and/or lessees unless they are in obvious undisputable breach of the licensing and/or usage terms issued by SerialLocker.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify SerialLocker.com, Inc. in writing of my intentions and I agree to indemnify and hold harmless SerialLocker.com,Inc., its owners, directors, members, affiliates, successors, assigns, staff and associates of any and all such actions.
I understand that SerialLocker.com is entitled to refuse any of my images in which case I retain all copyrights, without any further obligations. I acknowledge SerialLocker.com has the right to remove from the SerialLocker.com website any photograph at any time. SerialLocker.com is not required to alert the user as to the reasons for the removal unless the user specifically requests a reason.
In addition to the terms stated above, I confirm to SerialLocker.com that: The photos submitted are my own personal property. I will honor completely all licenses sold by SerialLocker.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included.
No Waiver / Severability
No action of SerialLocker.com, Inc., other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
SerialLocker.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.