Free Image License Agreement

Last Updated: September 9th, 2009

We welcome your feedback. If you have any comments or concerns about this Agreement or would like to contact us for any reason relating to it, please send an email to help@cutcaster.com.

The following is a legal agreement between You and the owners of CUTCASTER.COM, located at 39 Mesa St. Suite 101 San Francisco, California, 94129, ("Website"), Mezzato Inc. ("CUTCASTER", "We") which governs the use of non-watermarked images ("Images") and Vectors (“Vectors”) downloaded from our Website. By downloading an Image or Vector You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image.

All Images on the Website are copyrighted and they are the properties of its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.

We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE.

You may use the Image

* In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
* In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
* Along with your corporate identity on business cards, letterhead, etc.
* To decorate your home, your office or any public place.

You may not use the Image

* For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
* To endorse products and services if it depicts a person.
* In a way that can give a bad name to CUTCASTER or the person(s) depicted on the Image.
* As part of a trademark, service mark or logo.
* SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

Always ask permission from the photographer if you want to use the Image

* In website templates that You intend to sell or distribute.
* For creating printed reproductions that You intend to sell.
* On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass-produced item that would contain the Image in a dominant way.

Information on rights

Since CUTCASTER does NOT require a written Model Release for each FREE Images that have identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. CUTCASTER does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.

You acknowledge that by your download the ownership of Image does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your client. You warrant that You do your best to prevent third parties from duplicating the Image.

You also agree to take the time to comment on and rate the Image you downloaded and do your best to show the work you created with the Image to the photographer. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.

IMPORTANT!

CUTCASTER cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the site and the photos at your own risk!

Indemnification

You agree to indemnify, defend, and hold harmless CUTCASTER and its officers, employees, shareholders, directors and suppliers 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 or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, 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. CUTCASTER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

CUTCASTER SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

© Cutcaster 2009. All rights reserved. Cutcaster are trademarks of Cutcaster and Mezzato Inc.