Attributed Free License Agreement

This is a legal agreement between you, an individual licensee, and Depositphotos Inc. (“Depositphotos”). It determines the terms and conditions under which you use photos, vector images, videos or other materials (“File” or “Files”) downloaded from the Attributed Free Collection at www.depositphotos.com (“Site”). By downloading any File, you agree to be bound by the terms of this agreement.

This is a single-seat license authorizing one natural person to access the account in order to license and use the Files. This agreement applies only to the limited Attributed Free Collection of Files available at Depositphotos without warranties and representations of any kind. Unless otherwise authorized below, you shall credit Depositphotos and Site each time you use a File under this license. You bear the sole liability and risk for any use of Files obtained under this agreement.

Depositphotos reserves the right to make changes to this agreement at any time and you agree to be bound by such changes. Such changes are legitimate and effective upon publication. If, for whatever reason, you disagree with this agreement and do not accept its terms, you may not enter the Site and use its resources.

1. General Provisions

1. Subject to the terms and conditions herein, Depositphotos grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable right to use and modify the File an unlimited number of times in whole or in part in the creation of items within the scope of permitted uses, but does not entitle you to the File’s copyright and/or intellectual property rights. All copyright and/or other intellectual property rights to the File are reserved by Depositphotos and/or the contributor of the File.
2. This Attributed Free License allows you create Items for Resale or Items for Free Distribution only if the used File plays minor role in the item. Creation of Items for Resale or Items for Free Distribution is prohibited under this license if the used File plays major role in the item and adds value to it.
3. You shall follow the Depositphotos’ attribution guidelines on the Site and prominently credit Depositphotos and the Site each time you use a File under this Attributed Free License. Depositphotos reserves the right to change the attribution guidelines from time to time at its sole discretion, which will be communicated to you on the Site.
4. Item for Resale: an item that will be distributed to raise commercial revenue (e.g., resale of web templates, T-shirts, calendars, etc.). An item created at the request of a client is not considered an Item for Resale. However, if you distribute or intend to distribute such an item to raise commercial revenue, it is considered an Item for Resale. While working on a project, please take into account the final use of the item before downloading a File, to determine the appropriate license.
5. Item for Free Distribution: an item that will be distributed to a wide audience without raising any commercial revenue (e.g., free web templates, postcards, flyers, etc.).

2. Definition of the "minor role" and "major role" of the file for an item

1. The role a File plays in an item is determined by the value the File adds to the item and how much the File influences a customer’s decision to choose this particular item among similar items:

1. A major role: a File is considered to play a major role in an item if the File is a primary, defining, or important part of the item; increases the intrinsic value of the item; or influences a customer’s preference for this particular item.
2. A minor role: a File is considered to play a minor role in an item if the File is an incidental part of the item; does not add significant value to the item; and does not influence a customer’s preference for this item.

3. The Attributed Free License

1. Provided that you credit Depositphotos and the Site as required above, the Attributed Free License allows you to use the downloaded File for the creation of all kinds of items, except Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it.
2. Terms:

1. Examples of permitted use (for items where the File plays a minor role in the item):

1. Digital use: sites; advertising banners; screen savers; wallpapers; software (for personal computers and mobile devices); e-cards; e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; personal use.
2. Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; personal non-commercial use.

4. Prohibited Use of Files

1. You may not:

1. Make the File available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing it;
2. Transfer, resell, sub-license, rent, donate or otherwise transfer the File or rights to it to third parties;
3. Create conditions under which the File may be extracted from a product;
4. Allow third parties access to the File for further use;
5. Use the unmodified File in an e-format with a resolution larger than the display resolution of the intended viewing device;
6. Use a File marked “Editorial Use Only” for commercial purposes;
7. Use the File to create an official logo, company name, or trademark;
8. Use the File in a way that infringes the File's intellectual property rights or a third party's trademark or that would lead to a complaint about deceptive advertising or unfair competition;
9. Use the File for SPAM mailings;
10. Use the File in a way that competes with Depositphotos business;
11. Display, use or post the File in a way that would lead to the conclusion that Depositphotos or a person or a model in the File approves or endorses the items or services of any venture or trademark;
12. Show a person depicted in the File in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
13. Use the File for pornographic, illegal or immoral purposes;
14. Use the File in items or products that could embarrass or humiliate a person or model in the File;
15. Use the File for the advertisement or promotion of tobacco or alcohol products;
16. Display, use or post the File in a way that would lead to the conclusion that Depositphotos or the person in the File approves of or endorses any political party, policy, candidate, or elected official.

1. You may use the Files obtained under this Attributed Free License without attribution only if you purchase any paid plan or subscription from Depositphotos. Otherwise, the use of unattributed Files shall be prohibited under this license.
2. Any forbidden use of the File shall be considered as copyright infringement. You will be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, Depositphotos reserves the right to recall your license of any File you have used in a manner considered as copyright infringement.

5. Seat Restrictions

1. This Attributed Free License is a single-seat license. A single-seat license authorizes only one (1) person (user) to download and use Files. However, you are allowed to transfer materials or derivative work containing Files to third parties for reproduction within the scope of the permitted uses, provided they don't receive any additional rights to the Files and cannot access the Files or extract them from materials you provided.
2. Simultaneous use of the same account on the Site by multiple users is not allowed. Each user who desires to access the Site must have his/her own account. There are special plans for corporate use and multiple user access available on the Site. Please contact our support service for details or visit our team and enterprise plans.

6. Duration of the Agreement

1. Your rights to use the File are subject to this Agreement, and you enter into this Agreement after having downloaded any File. You may use the downloaded File provided that there are no any overdue payments, chargebacks or returned payments by credit card or check on your account. If your account becomes overdue, you shall lose rights to use the downloaded File until the overdue balance is paid in full, and you must stop using the File or any derivative work and make all necessary efforts to stop using them until the overdue balance is paid in full. In addition, you shall reimburse Depositphotos for all reasonable expenses (including attorneys' fees) incurred in the collection of the overdue payments. Depositphotos reserves the right to revoke or modify any license granted by this Agreement or replace any File with a similar/alternative one for any reason.

7. Independent Audit

1. Depositphotos shall reserve the right to audit use of the File to verify your compliance with this Agreement. You shall make all applicable documents available for such verification. Any such audit shall be carried out at the expense of Depositphotos, unless such audit discloses your overdue payment. In such case, you shall pay your overdue payment in full together with interest costs incurred during the audit period.

8. Disclaimer and Indemnity

1. Files under this Attributed Free License are provided “as is,” without representation, warranty, guarantee or condition of any kind, either express, implied, statutory or otherwise. These Files are part of user-generated content and shall not be subject to the mandatory supervision by or interference of Depositphotos. You will use these Files at your own risk. Depositphotos disclaims any and all representations, warranties, guarantees and conditions of any kind, whether express or implied, to each and any File under this Attributed Free License made available at any time, including, but not limited to representations, warranties or conditions of non-infringement, merchantability, fitness for a particular purpose, 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. Depositphotos makes no commitments about the Files under this Attributed Free License.
2. You are responsible for using the File and obtaining appropriate licenses for its use. You assume all risks associated with the quality and the use of the File. Depositphotos shall not be liable for any damages, expenses and losses incurred as a result of your use of the File.
3. You agree to indemnify and hold Depositphotos, its officers, employees, shareholders, directors, managers, members, and contributors harmless against any damages or liability of any kind arising from your use of the File or permitted derivative work. You further agree to indemnify Depositphotos for all costs and expenses that Depositphotos incurs in enforcing the terms of this Agreement.
4. Depositphotos’ total maximum aggregate obligation and liability for all claims under this agreement shall be limited to One Hundred United States Dollars (USD $100).

9. Miscellaneous

1. You warrant and guarantee that you have the full right and authority to enter into this Agreement. If you do not have such a right and authority, all your Site activity will be considered a breach of this Agreement.
2. The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of New York. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.
3. This Agreement constitutes the entire agreement between you and Depositphotos with regard to the subject matter hereof. No waiver, consent, modification or change of terms of this Agreement shall bind Depositphotos unless in writing signed by Depositphotos. By entering into this Agreement, you waive terms set forth in any similar document that are in addition to or at variance with the terms of this Agreement. All such terms are considered by Depositphotos as significant changes of this Agreement and are rejected.
4. If Depositphotos commences any action or proceeding against you to enforce or interpret this Agreement, Depositphotos shall not be liable for any fees, expenses and attorneys' fees (including all related costs and expenses), incurred in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
5. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part by you, without the prior written consent of Depositphotos, and any unauthorized assignment or transfer shall be prosecuted.
6. This Agreement and all related documents are written in English. Any translation hereof or of any versions in a language other than English shall be for convenience only. In the event of any discrepancy between this English version and any other version, the English version shall supersede.
7. Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
8. By downloading the File, you acknowledge that you have read this Agreement and agree with the other documents governing the work of the Site and the use of Files.
9. By entering into this Agreement, you verify that information you provided to determine your country of residence or registration is complete, true and accurate.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO ENTERING INTO THIS AGREEMENT. IN CONSIDERATION OF DEPOSITPHOTOS AGREEING TO PROVIDE THE FILES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IN THE EVENT OF A BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DEPOSITPHOTOS RESERVES THE RIGHT (WITHOUT PRIOR NOTICE) TO SUSPEND YOUR ACCOUNT AND RECALL LICENSES ON DOWNLOADED FILES.

IF YOU HAVE ANY DOUBTS AS TO WHETHER THE INTENDED FILE USE IS COVERED BY A CHOSEN LICENSE, PLEASE CONTACT OUR SUPPORT SERVICE FOR CLARIFICATION BEFORE DOWNLOADING ANY FILE.

Effective October 29, 2019