License Agreement

123RF End User License Agreement

123RF End User License Agreement ("Agreement")

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR ACCEPTANCE OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF 123RF.COM ("SITE").

STANDARD TERMS AND CONDITIONS

  1. Agreement.

    This is an agreement between 123RF (as defined under Section 14 hereinbelow) ("123RF") conducting business or transactions through the Site and the user ("You") who downloads the photo, image, video footage or vector ("Content") and/or sound, audio or voice ("Audio Content") from the Site.

    You understand that the Content and/or the Audio Content is copyrighted and may be owned by a third party, and any unauthorised use by You may be an infringement of such copyright. We reserve the right to amend, substitute or otherwise delete the terms and conditions of this Agreement at any time ("Update"). Such changes are effective from the moment of their publication. If, for whatever reason, You do not accept the changes, You may not enter the Site and use its resources.

    You have agreed to be bound by this Agreement and by downloading any of the Content and/or the Audio Content from 123RF, You acknowledge that You have read, understood, and accepted this Agreement, Terms of Use, Privacy Policy, and Cookie Policy which are incorporated herein by reference.

    For avoidance of doubt, the parties accept that this Agreement is to be read together with the applicable additional terms and conditions below in construing the agreement between the parties in relation to the licensing and use of the Content and/or the Audio Content herein. In the event of any inconsistency, the applicable additional terms and conditions shall prevail.

    If You are purchasing on behalf of a licensee ("Licensee"), You hereby represent and warrant that You are authorized to act on behalf of such Licensee and have full authority to bind the Licensee to this Agreement. If the Licensee fails to abide by this Agreement, You shall be personally and fully liable on a joint and several basis for such failure and any resulting damage or claim.

  2. 123RF Representation.

    1. 123RF represents to the best of its knowledge that it owns all rights or has all requisite authority to license the Content and/or the Audio Content under this Agreement; provided, however, that such representation will be deemed inapplicable with regards to the Content and/or the Audio Content which is found to be subject to the ownership or rights of any third party (other than 123RF) without the reasonable knowledge or fault of 123RF. The copyright and all other rights of the Content and/or the Audio Content shall remain with 123RF and its respective contributors / suppliers. However, such representation will be deemed inapplicable with regards to the Content and/or the Audio Content which does not carry the corresponding model / property release in relation to the Content and/or the Audio Content which prevents the Content and/or the Audio Content from the intended use.

    2. 123RF does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the Content and/or the Audio Content. You acknowledge that no releases are generally obtained for the Content and/or the Audio Content, and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when such persons have not provided a release. You shall be solely responsible for determining whether additional release(s) is/are required with Your proposed use of the Content and/or the Audio Content and You are solely responsible for obtaining such release(s). For the avoidance of doubt, the additional release(s) as mentioned herewith include without limitation advertising rights, commercial purposes, exhibition rights and such other rights that are required separately from the respective third party for Your proposed use of the Content and/or the Audio Content.

    3. 123RF and the Content and/or the Audio Content are made available to You "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". 123RF, its employees, directors, and officers, and anyone else associated with 123RF disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that Your usage of 123RF will be uninterrupted, error free of computer viruses or other damaging materials. When You access and acquire the Content and/or the Audio Content, You do so at Your risk. 123RF, its employees and officers, and anyone else acting on behalf of 123RF also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. 123RF, its employees, directors, and officers, and anyone acting on behalf of 123RF make no representation or warranty as to Your right to use any individual's name, likeness, and/or image appearing in the Content and/or the Audio Content without first obtaining appropriate rights from such individual.

    1. You understand and acknowledge that neither 123RF, its employees, directors, and officers, nor anyone acting on behalf of the Site has made any representation or warranty that Your use of the Content and/or the Audio Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition; and

    2. You understand that You should seek competent counsel before using the Content and/or the Audio Content on or in connection with any goods or services or for any other commercial purposes.


  3. Grant.

    Subject to the terms herein, 123RF grants You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable and non-sublicensable license to use, reproduce, modify, publish and display downloaded Content and/or Audio Content according to the terms and condition of this Agreement.

  4. Single User Only.

    Unless stated otherwise, this Agreement is a single seat license authorising one (1) natural person (that means you, as an individual/ person, and not a business or organisation) to download, access and use the Content. This Agreement is not a multi-seat license.

    Notwithstanding anything to the contrary in this Agreement, if You download, access and use the Content under the applicable Enterprise or Team Plan (hereafter "Subscribed Plan"):

    1. This Agreement shall extend to the number of users (within the same legal entity) designated under Your Subscribed Plan and Your employer/legal entity.

    2. You agree that You have the authority to bind Your employer/ legal entity and co-workers to and Your employer/ legal entity and co-workers agrees to be bound by the terms and conditions of this Agreement.

    3. Further to the above, 123RFs Enterprise Plan grants additional usage and access rights, among other additional rights.

    For clarity purposes, if You are subscribing under an employment capacity, Your employer shall be deemed as the Licensee for the purposes of the license

    For more information, You may contact our 123RF Support Team.

  5. Standard Permitted Usage.

    If the Content is used to create the genuine end-product or end-derivative work ("Licensed Work") not for resale purposes, the Standard License is appropriate:-
    The quantity of print run or copies Unlimited
    Design elements in packaging material only Up to 500,000 prints collectively for each Content
    The quantity of copies or displays for electronic use Unlimited
    Creation of Licensed Work for resale purposes Prohibited
    Creation of Licensed Work where the Content used to form an integral part or core component of the Licensed Work and will substantially increase the value of the Licensed Work ("Vital Role") Prohibited

    Example of permitted use:
    Uses Examples of Licensed Works
    Advertising / Marketing / Promotions (Business & Commercial Purposes)
    • Advertisements in magazines, periodicals, newspapers, reports and other traditional print media.

    • Print ads, mailers, handouts, brochures, flyers, posters, catalogues

    • Packaging materials, subject to a print run of 500,000 prints collectively for each Content.
    Print / Publications / Education
    • Printed book covers (front and back), up to 500,000 prints collectively for each Content.

    • Business cards, letterhead, catalogues, brochures and pamphlets.
    Presentations
    • Even though attribution is not required, 123RF and the Contributor appreciate the following attribution: "[Contributor's Name] © 123RF.com".

    • A reasonably prominent statement may be included on the presentation as follows: "Certain images and/or photos on this page are the copyrighted property of 123RF.com, its contributors or its licensed partners and are being used with permission under the relevant license. These images and/or photos may not be copied or downloaded without permission from 123RF.com."
    Design Elements & Art
    • On a website, video game or data storage device for distribution or use by others (BUT not in connection with any website template or software product for distribution, resale or use by others).

    • As background or screen Content in software or mobile applications, provided that the Content does not play a Vital Role in the Licensed Work.

    • Substantially reproduced into original artwork.

    • On video, film, television broadcast and internet for home video, documentary, feature film or commercial use provided the Content does not play a Vital Role in the Licensed Work and even though attribution is not required, 123RF and the Contributor appreciate the following attribution: "[Contributor's Name] © 123RF.com". Prominent display of the credit statement could include, e.g. beginning or ending credits to a television program or broadcast, or cited reasonably close to the Content used, or appended or annotated clearly.
    Social Media Websites & Applications
    • Posting and/or uploading the Content onto social media websites and applications (such as Facebook, Instagram and Twitter), provided that: (1) such social media websites and applications do not assume or deem that it owns or holds the any rights (including Copyright) in the Content (whether as standalone Content, or as a Licensed Work), other than being permitted through You as a Licensee of the Content to have the Content and/or Licensed Work displayed or used as permitted under this Agreement; or (2) You must include Your organization logo at any corner of the Content measuring a minimum of 125 pixel width or length, (whichever is the larger); or (3) the Content must be incorporated in a Licensed Work.
    Personal Use
    • Home decoration, wall murals, wall art, albums, prints, personal property and used items and other personal prints.

    • Personal blogs and other personal publications (traditional or online) provided that personal publications will not cause You or any third party publication service providers (e.g., blog service providers) to assume or deem that it owns or holds the any rights (including Copyright) in the Content (whether as a standalone Content, or as a Licensed Work).

    • As decor in an office, lobby, public area, restaurant or retail store.

  6. Additional Rights.

    To facilitate Your use of the Content to reproduce the Licensed Work, You may:

    1. Comps: use the watermarked Content from the Site on a complimentary basis for mock-up and/or sample use only following download. Unless a license is purchased, such Content cannot be used in any final and/or commercial Licensed Work or any publicly available materials. For clarity purposes, no other rights or warranties are granted for comp use.

    2. Client Work: utilize the Content to produce the Licensed Work for your clients, provided that You retain the standalone Content and the license to the Content. For clarity purposes, should Your client need to obtain the license to the Content, Your client would be required to license the Content from 123RF.

    3. Subcontractor: allow Your subcontractors to temporarily use the Content in any production or distribution process related to Your Licensed Work strictly on Your behalf, provided such parties abide by the restrictions in the Agreement.

  7. Restrictions.

    Other than as specifically permitted in Sections 5 and 6 herein, You may NOT:

    1. transfer, resell, sub-license, rent or otherwise transfer the Content or any rights in the Content and/or this Agreement to any third parties;

    2. make the Content available for free download on a shared drive, service, software, website or any electronic form;

    3. infringe 123RF's intellectual property rights in connection with the Content and/or Licensed Work by misappropriating any rights, removing any copyright notice, watermark or other information in any Content, using the Content in any logo or trademark, or misrepresenting as the original creator of a work that derives a substantial part of its artistic components from the Content;

    4. extract the Content illegally by using other methods not provided by 123RF;

    5. use the Content in any way that violates any law, regulation or statute in any applicable jurisdiction;

    6. use the Content in any way that is pornographic, offensive, politically endorsing, racist, ethnically offensive, sexually explicit, immoral, defamatory, intrusive of privacy or illegal; or in a manner which endorses violence or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating websites or apps, is discriminatory towards race, gender, religion or faith;

    7. use the Content to derogate persons and/or property; and

    8. resell the Licensed Work.

  8. Termination.

    This Agreement is effective until it is terminated. You can terminate this Agreement by:

    1. deleting and destroying all Content and/or Audio Content downloaded by You and in Your possession, and any Licensed Work(s), and copies / accompanying materials thereof; and

    2. ceasing to use the Content and/or the Audio Content for any purpose.

    123RF can terminate this Agreement without notice to You if You fail to comply with any of the terms and conditions of this Agreement. Upon such termination, You must immediately carry out Sections 8(a) and (b) above with or without further notice by 123RF and confirm in writing to 123RF that the foregoing requirements have been completed.


  9. Licensee Indemnity.

    Notwithstanding anything to the contrary in this Agreement, You agree to fully defend, indemnify and hold 123RF and its officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with 123RF and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of the Content and/or the Audio Content and the Site or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in this Agreement.

  10. 123RF Indemnity.

    Provided that You have not breached the terms of this Agreement, 123RF agrees to defend, indemnify, and hold You harmless up to the Liability Cap (defined below). Such indemnification shall only apply to claims for damages directly attributable to 123RF's breach of the warranties and representations in this Agreement, arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging the possession, distribution, or use of unaltered Content and/or Audio Content downloaded from the Site. This indemnification is on the condition that You give 123RF:

    1. no later than five (5) business days written notice from the date You know or reasonably should have known of the claim or threatened claim, where such notification must include all details of the claim then known to You and emailed to legal@123rf.com, Attention: General Counsel;

    2. full information, assistance and cooperation for the defense or settlement thereof; and

    3. at 123RF's option, sole control of any defense, settlement or action related thereto.

    123RF shall not be responsible for any claim settled without 123RF's consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.


  11. Liability Cap.

    123RF's maximum aggregate obligation and liability to You for all claims (assessed collectively) under Section 10 shall be limited to TwentyFive Thousand United States Dollars (US$25,000.00) or the total amount of the license fees paid by You for the Content and/or the Audio Content, whichever the lower ("Liability Cap").

  12. Rates.

    You shall be entitled to license the Content and/or the Audio Content at the rates and/or the pricing as per check out. The rates and/or the pricing may be reviewed and amended by 123RF from time to time, in its sole discretion.

  13. Unauthorized Use.

    The representations and the warranties made by 123RF in this Agreement apply only to the Content and/or Audio Content as delivered by 123RF and will be invalid if the Content and/or the Audio Content is used by You in any manner not specifically authorized in this Agreement or if You are otherwise in breach of this Agreement.

  14. 123RF Contracting Party and Governing Law.

    Subject to your country of domicile or country of incorporation, as may be applicable and as set out below, this Agreement shall be entered into by the relevant 123RF contracting entity and governed by the applicable law, without regard to the conflict of laws principle. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in the relevant country under the applicable rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under the laws of the applicable jurisdiction for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of such jurisdiction, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

    Country of Domicile or Country of incorporation (as may be applicable) 123RF Contracting Party Governing Law Arbitration Rules; Seat of Arbitration
    United States of America (USA) 123RF LLC Laws of the State of Delaware, USA American Arbitration Association; Delaware, USA
    Japan Inmagine Lab Pte. Ltd. Laws of Japan Japan Commercial Arbitration Association; Tokyo, Japan
    Rest of world Inmagine Lab Pte. Ltd. Laws of Singapore Singapore International Arbitration Centre; Singapore

  15. Assignment.

    Neither party shall assign its rights or interests under this Agreement to any third party without the other party's prior written consent in each instance; except that a party may assign its rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of such party, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which it participates, or (iii) to the purchaser of all or substantially all of the assets of the party, provided such assignee agrees to assume in writing such party's rights and obligations under this Agreement.

  16. No Third Party Rights.

    Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.

  17. Entire Agreement.

    This Agreement constitutes the entire agreement between You and 123RF regarding its subject matter and supersedes any previous written or oral agreement between You and 123RF. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to give effect most closely to the parties' intention. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

  18. Language.

    This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.

  19. Electronic Agreement.

    You have agreed and reaffirm Your agreement to this Agreement electronically by downloading the Content and/or the Audio Content.


ADDITIONAL TERMS AND CONDITIONS (in addition to the General Terms and Conditions between You and 123RF)

  1. EXTENDED LICENSE (“EXTENDED LICENSE”)

  2. No limitation on the number of print run for any printed material, merchandise or product for resale (for e.g., calendars, T-shirts, posters and mugs) and product packaging.

    No limitation on the number of digital runs. For the products that will be distributed electronically (as a Licensed Work) for resale such as, including but not limited to, eBooks, licensed software, website templates, flash templates and online documents provided that such Content cannot be separated from the products. Such use does not allow the re-distribution or re-use of the Content by a third party.

    Creation of Licensed Work where the Content used to form an integral part or core component of the Licensed Work and will substantially increase the value of the Licensed Work (“Vital Role”)

  3. EDITORIAL LICENSE

  4. Permitted Usage

    The Content may be utilised in the following manner: -

    1. used, reproduced, modified, published, displayed and distributed up to 500,000 copies in aggregate (for quantities above this amount, You must purchase the Extended Editorial License of such Content); and

    2. cropped, provided that the editorial integrity of the Content is not compromised, but shall not, under any circumstances, otherwise be rotated, altered, changed or tampered with, either manually or electronically, without the express written permission from 123RF.

    Restricted Usage

    The Content may NOT be utilised in the following manner: -

    1. any commercial, promotional or advertising purposes or for merchandising; and

    2. on websites or in any other medium designed to induce or involving the sale, license or distribution of “on demand” products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items.

    Content Credit

    1. The Licensed Work must include the following credit line adjacent to the Content:"© [Photographer's Name]/123RF.COM" or as otherwise notified by 123RF.

    2. Where technically feasible, a screen credit, equal in size and placement to like footage in the media, must be provided for any film or video footage Content used in a feature film, broadcast television or cable production and must read: "Footage supplied by [Photographer's Name]/123RF.COM".


  5. EXTENDED EDITORIAL LICENSE

  6. In any manner permitted and subjected to the restricted usage under the Editorial License, the Content may be utilised without a run limitation.

  7. STANDARD AUDIO LICENSE

    1. Collecting Society Royalties

    2. 123RF has used reasonable efforts to ascertain that the Audio Content do not originate from members of any copyright collecting societies in any jurisdiction responsible for the collection of royalties ("Copyright Collecting Societies") and that no performing rights or other additional royalties are required to be paid to such organizations. However, in certain jurisdictions (e.g., France and Spain), You may be required to pay royalties to such Copyright Collecting Societies for the exploitation of Audio Content even if the contributor of the Audio Content is not a member of such Copyright Collecting Societies in such jurisdiction(s). You must determine if such requirements exist in the applicable jurisdiction and be solely responsible for any such applicable fees.

    3. Seat Restrictions

      1. Only You are permitted to use, access, reproduce or edit the Audio Content.

      2. Only You are permitted to transfer files of Your Licensed Work containing the Audio Content to Your clients / customers where they shall have no further right to use the Audio Content (in any form or manner separate from the Licensed Work) either to access, extract, disassociate, reverse engineer, modify, repurpose, aggregate, edit or reproduce such Audio Content from the Licensed Work that You provide.

      3. You can only use and install the Audio Content in one location at a time. If You require the Audio Content to be downloaded or installed in more than one location (for example, multiple computer workstations) or accessible by more than one person, You must re-license the Audio Content from the Site (or directly with 123RF) for each such use, or purchase an Extended Audio License or a Corporate+ license from 123RF or the Site (if available).

      4. You must not violate or attempt to violate the integrity of, any data protection measures on the Site.

    4. Audio Content Usage

    5. You may use the acquired Audio Content for the following purposes, provided You do not violate the rights of any third party as part of, in connection with or for use in the following Licensed Work:

      1. advertisement on television, radio, web/mobile (including podcasts), commercial theatre and DVDs, and infomercials or tags for products, services and organizations;

      2. music used for exhibitions or performances in commercial, retail, wholesale or other sales locations to promote products, services and organizations;

      3. website background music or sound or similar use for personal or commercial websites;

      4. television programs provided that the Audio Content is synchronized with visual works (i.e., not as Audio Content on a standalone basis);

      5. radio programming provided that the Audio Content is synchronized with other musical or audio works;

      6. motion pictures intended for exhibition for the purpose of creating awareness provided that the Audio Content is synchronized with visual works;

      7. synchronized Audio Content (subject to the restriction in Section 3(i) below) in a tangible medium, such as a CD or DVD, or an element of the synchronized Audio Content in 2,000 copies for the purpose of re-sale;

      8. ringtone, ring acoustic and other tonal systems for personal telecommunication devices (provided that there is no intention of re-sale or re-distribution);

      9. home videos for Your own personal use; and

      10. in relation to each Audio Content, up to a maximum of 2,000 items (in the aggregate) of the following Licensed Work products for re-sale, license or other re-distribution (the "Standard Limit"): toys, games, cards, and other similar entertainment products. Any reproduction of items in excess of the Standard Limit will require You to purchase the Audio Content through the Extended Audio License available on the Site. You are required to notify 123RF of such excess reproduction and 123RF reserves the right to impose any additional fees which apply in relation to such excess use.

    6. Audio Content Restrictions

    7. You may NOT, and may not permit any third party, under any circumstances to:

      1. use, access or download any Audio Content which is not intended for or licensed by You;

      2. use the Audio Content as a part of a physical item, software, program or template that is to be resold. For this, You must purchase the Audio Content through the Extended Audio License available on the Site;

      3. distribute the Audio Content, electronically or in any storage medium (except as specifically authorized in this Agreement);

      4. download, copy, capture or rip any Audio Content other than by the download means / methods / functions provided by the Site;

      5. provide any client / customer / third party access to the 123RF's Audio Content library in any way;

      6. transfer or make conceivable for transfer (to any person or entity other than You) any derivative work other than the Licensed Work incorporating the Audio Content;

      7. allow the use of the Audio Content by any client / customer / third party to reproduce or edit any marketing material or product (end-product of otherwise);

      8. authorize any third party to use or access the Audio Content for any purpose or resell, sublicense, or otherwise make available the Audio Content for use or distribution separately or detached from a product, the Licensed Work or Web page;

      9. use any Audio Content to compile, manufacture, distribute or sell records, CDs, DVDs, jukeboxes or any other "audio-only" (or substantially / primarily "audio-only") product comprising any Audio Content, in whole or in part, that is NOT meaningfully synchronized or combined with other audio, media or musical Audio Content to create a genuine non "audio-only" Licensed Work;

      10. use the Audio Content, in whole or in part, as a theme song for any motion picture, or television, radio or web program;

      11. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to third-parties Audio Content that is not synchronized or combined with visual components or other audio or musical elements (other than as permitted in this Agreement);

      12. use, share or display the Audio Content in any manner of publication, re-distribution or re-sale in any format, service or medium (such as peer-to-peer, file sharing network or arrangement, design template application, music download websites, music CDs, electronic greeting card websites, web templates and or in any other way that enables the Audio Content to be accessed by any third party) or make the Audio Content available to be extracted or accessed or reproduced as an electronic file;

      13. copy or adapt the object code of the Site, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site or the Audio Content, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Audio Content;

      14. use any Audio Content in any manner that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, performance rights, confidential information or any other right;

      15. use the Audio Content in connection with any pornographic, offensive, political, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal materials; or in a manner which endorses violence or acts of terrorism, is discriminatory towards race, gender, religion, faith or sexual orientation, or which purports to endorse products or services carrying sensitive mental / health connotations;

      16. use automated or programmatic means or methods to download the Audio Content;

      17. remove any notice in relation to any proprietary right that is embedded in the Audio Content or avoid, bypass, remove or impair any measure that effectively controls access to the Audio Content;

      18. delete any composer / author attributions, legal notices, or proprietary designations or labels in any Audio Content file that is downloaded;

      19. use the Audio Content, in whole or in part, to create a Licensed Work that may falsely express that You are the original creator of the work; and/or

      20. use the Audio Content in any manner that is in breach of this Agreement.

    8. Credit Line

    9. When the Audio Content is used in any production other than for personal home use, credits must be given to the contributor in the following form: "[Contributor's Name] © 123RF.com".


  8. EXTENDED AUDIO LICENSE

  9. In any manner permitted and subjected to the restricted usage under the Standard Audio License, the Audio Content may be utilised without a run limitation of the following Licensed Work products for re-sale, license or other re-distribution: toys, games, cards, and other similar entertainment products; and as a theme song for any motion picture, television, radio or web program.

  10. PRINT ONLY EXTENDED LICENSE (“POEL”)

  11. Limit of 10,000 copies in aggregate per license for any printed (not for electronic distribution) material, merchandise or product for resale (for e.g., calendars, T-shirts, posters and mugs). Any amount exceeding the 10,000 copies requires a new license.

    No limitation on the number of print runs if the Licensed Work is not for resale purposes (for e.g. design elements in packaging material only).

  12. ELECTRONIC ONLY EXTENDED LICENSE (“EOEL”)

  13. No limitation on the number of digital runs.
    For the products that will be distributed electronically (as a Licensed Work) for resale such as, including but not limited to, eBooks, licensed software, website templates, flash templates and online documents provided that such Content cannot be separated from the products. Such use does not allow the re-distribution or re-use of the Content by a third party.

  14. COMPREHENSIVE EXTENDED LICENSE (“CEL”);

  15. In any manner permitted under the General Terms and Conditions, Print Only Extended License, and Electronic Only Extended License without any print run limitation.


Last Updated: 23 June 2023


123RF PLUS License

123RF PLUS LICENSE AGREEMENT
  • ESSENTIAL INFORMATION

    This 123RF PLUS License Agreement ("Agreement") is between 123RF LLC ("123RF"), conducting business or transactions through and as 123RF.COM and the user ("You") who downloads Content (as defined below) from any of the websites (the "Sites"). You may not allow anyone else to use your username or password. For the purpose of this Agreement, "Content" is defined as any image or photo labelled as "PLUS" and owned by 123RF or its authorized contributors and has been made available for download on the Sites.

    You have agreed to be bound by this Agreement and by downloading any of the Content from 123RF, You acknowledge that You have read, understood, and accepted this Agreement, Terms of Use, Privacy Policy, and Cookie Policy which are incorporated herein by reference. In the event of any inconsistency between the Terms of Use and this Agreement, the terms of this Agreement shall prevail.

  • TERMS AND CONDITIONS OF USE

    Subject to the provisions in Clause 4, 123RF grants You a non-exclusive and non-transferable license to use, reproduce, modify, publish, display, and distribute the Content according to this Agreement

    You may, subject to this Agreement and the following conditions, access and acquire the Content via 123RF, and use the acquired Content to create the genuine end-product or end derivative work for digital use only ("Licensed Work"), provided You do not violate the rights of any third party.

    All downloaded Content must be utilized within three (3) months from the date of download. Failure to do so forfeits Your right to use the Content.

  • SINGLE USER ACCOUNT ONLY

    Unless stated otherwise, this Agreement is a single seat license authorising one (1) natural person to download, access and use the Content. This Agreement is not a multi-seat license. This Agreement only allows the creation and registration of one (1) single user account. You may not allow anyone else to use Your username and password.

    If You require multiple user access, You will need to purchase multiple single user accounts for such access.

    For example, a single designer would only purchase one (1) single access user account, whereas multiple designers shall purchase the equivalent number of single access user accounts.

    For more information, You may contact our 123RF Support Team.

  • RESTRICTIONS

    You may NOT:

    • transfer, resell, sub-license, rent or otherwise transfer the Content or any rights in the Content and/or this Agreement to any third parties;
    • create the Licensed Work where the Content forms an integral part or core component of the Licensed Work or substantially increases the value of the Licensed Work;
    • make the Content available for free download on a shared drive, service, software, website or any electronic form;
    • infringe 123RF's intellectual property rights in connection with the Content and/or Licensed Work by misappropriating any rights, removing any copyright notice, watermark or other information in any Content, using the Content in any logo or trademark, or misrepresenting as the original creator of a work that derives a substantial part of its artistic components from the Content;
    • extract the Content illegally by using other methods not provided by 123RF;
    • use the Content in any way that violates any law, regulation or statute in any applicable jurisdiction;
    • use the Content in any way that is pornographic, offensive, politically endorsing, racist, ethnically offensive, sexually explicit, immoral, defamatory, intrusive of privacy or illegal; or in a manner which endorses violence or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating websites or apps, is discriminatory towards race, gender, religion or faith;
    • use the Content to derogate persons and/or property; and
    • resell the Licensed Work.


  • 123RF REPRESENTATION

    123RF and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." 123RF, its employees, directors, and officers, and anyone else associated with 123RF disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of 123RF will be uninterrupted, error-free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. 123RF, its employees and officers, and anyone else acting on behalf of 123RF also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. 123RF, its employees, directors, and officers, and anyone acting on behalf of 123RF make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.

    You understand and acknowledge that neither 123RF, its employees, directors, and officers, nor anyone acting on behalf of the 123RF website or sites has made any representation or warranty that your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

    In no event will 123RF, its employees, directors, and officers, or anyone else associated with 123RF be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if 123RF has been advised of the possibility of such damages. In no event will the liability of 123RF, its employees, or related parties exceed the amount paid by You for accessing or using 123RF and for accessing, acquiring, and/or using Content from 123RF. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • INDEMNITY

    You agree to fully defend and indemnify 123RF, its employees, directors, and officers, and anyone else associated with 123RF, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach or of any falsity, inaccuracy or misrepresentation of any representation, warranty, or other promise made by You in this Agreement.

  • RATES

    You shall be entitled to license the Content and/or the Audio Content at the rates and/or the pricing as per check out. The rates and/or the pricing may be reviewed and amended by 123RF from time to time, in its sole discretion.

  • UNAUTHORISED USE

    The representations and the warranties made by 123RF in this Agreement apply only to the Content and/or Audio Content as delivered by 123RF and will be invalid if the Content and/or the Audio Content is used by You in any manner not specifically authorized in this Agreement or if You are otherwise in breach of this Agreement.

  • GOVERNING LAW AND DISPUTE RESOLUTION

    • This Agreement shall be governed by the laws of the state of Delaware in the United States of America, without regard to the conflict of laws principles.
    • All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigations or some other dispute resolution procedure. In the event if the dispute is settled via arbitration, the number of arbitrators shall be one (1) and the language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
    • You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under the applicable law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable law, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

  • ASSIGNMENT

    Neither party shall assign its rights or interests under this Agreement to any third party without the other party's prior written consent in each instance; except that a party may assign its rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of such party, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which it participates, or (iii) to the purchaser of all or substantially all of the assets of the party, provided such assignee agrees to assume in writing such party's rights and obligations under this Agreement.

  • NO THIRD-PARTY RIGHTS

    Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.

  • ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement between You and 123RF regarding its subject matter and supersedes any previous written or oral agreement between You and 123RF. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to give effect most closely to the parties' intention. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

  • LANGUAGE

    This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.

  • ELECTRONIC AGREEMENT

    You have agreed and reaffirm Your agreement to this Agreement electronically by downloading the Content and/or the Audio Content.

Last Updated: 25 August 2022


123RF FREE Image License

Contrato de Licena de Imagens Gratuitas 123RF ("Contrato")

O Contrato de Licena de Usurio Final 123RF, que pode ser encontrado em https://www.123rf.com/license.php?type=standard, incorporado a este Contrato. No caso de qualquer inconsistncia entre o Contrato de Licena de Usurio Final 123RF e este Contrato, os termos deste Contrato prevalecero.

O que permitido?
  • Todo o contedo rotulado como "Free Image" gratuito para download e uso.
  • Pode ser usado para fins comerciais e no comerciais:
  • Nenhuma permisso necessria
  • Atribuio apreciada.
  • NOTA Para uso comercial:
    • A 123RF no concede nenhum direito ou garantia em relao ao uso de quaisquer nomes, pessoas, marcas registradas, logotipos, marcas, designs protegidos por direitos autorais, obras de arte ou arquitetura representadas ou contidas nas fotos.
    • oc reconhece que nenhuma autorizao foi obtida para essas fotos e;
    • Voc o nico responsvel por obter permisso do proprietrio da marca registrada, do indivduo ou dos proprietrios dos direitos autorais para o uso proposto das fotos.

O que NO permitido?
  • Todo o contedo no pode ser vendido sem modificao significativa.
  • Colete fotos do 123RF para replicar um servio similar ou competitivo.
  • Use as fotos em qualquer logotipo ou parte de qualquer marca registrada.
  • Use as fotos em conexo com qualquer material pornogrfico, obsceno, imoral, difamatrio ou ilegal, endosso de produto(s), material sensvel/sade/outro aspecto semelhante de contextos ou temas.

Lngua

Este Acordo est redigido em ingls com uma traduo de referncia em outro idioma (se necessrio). Em caso de qualquer conflito na interpretao ou construo dos termos deste Acordo, prevalecer a verso em ingls.

123RF AI Generator Terms of Service

Termos de Servio do Gerador IA 123RF ("Termos")

Estes Termos se aplicam quando voc usa o Gerador AI 123RF, o servio de Variaes AI e/ou quaisquer servios AI ("Servios") para gerar contedo. Ao acessar ou usar nossos Servios, voc concorda em estar vinculado por estes Termos, nossos Termos Gerais de Uso, Poltica de Privacidade e Poltica de Cookies, que esto incorporados aqui por referncia. Em caso de qualquer inconsistncia, estes Termos prevalecero.

Acesso aos Servios

Voc deve ter dezesseis (16) anos ou mais para usar ou acessar os Servios. Se voc tem menos de dezesseis (16) anos, seu uso dos Servios deve ser supervisionado diretamente por um responsvel legal que concorde em ser vinculado por estes Termos. Qualquer uso ou acesso aos Servios por algum com menos de dezesseis (16) anos que no seja diretamente supervisionado por um adulto estritamente proibido e viola estes Termos.

Se voc usar os Servios em nome de sua entidade, voc deve ter a autoridade para aceitar estes Termos em nome dela.

Requisitos de uso

Voc pode fornecer informaes, como prompts que consistem em texto, palavras-chave e/ou imagens de entrada para os Servios (quando aplicvel) ("Entrada") e receber resultados gerados pelos Servios com base na Entrada, que consistem em contedo gerado por IA e/ou variaes de imagens alimentadas por IA ("Sada").

Sujeito ao cumprimento dos Termos aqui contidos, voc pode usar a Sada para qualquer propsito. Para evitar dvidas, voc o nico responsvel pelo ContedoSada, incluindo garantir que ele no viole qualquer lei aplicvel ou infrinja quaisquer direitos, incluindo mas no se limitando a Direitos de Propriedade Intelectual (definidos abaixo). Por favor, consulte um profissional/assessor jurdico antes de usar os Servios se tiver preocupaes legais.

Ao utilizar os Servios, voc est concedendo a ns e a nossos sucessores um direito perptuo, mundial, no exclusivo, sublicencivel, isento de royalties e irrevogvel de reproduzir, preparar obras derivadas, exibir publicamente, executar publicamente, revender, sublicenciar e distribuir a Entrada que voc forneceu e a Sada produzida pelos Servios a nosso critrio sem qualquer pagamento adicional a voc. Esta clusula sobreviver resciso destes Termos, por qualquer motivo.

Restries

Voc NO deve:
  • usar os Servios e a Sada de uma maneira que infrinja, aproprie indevidamente ou viole os direitos de terceiros, incluindo, mas no se limitando a Direitos de Propriedade Intelectual (definidos abaixo);
  • montagem reversa, compilao reversa, descompilao, traduo ou tentativa de descobrir o cdigo-fonte ou componentes subjacentes de modelos, algoritmos e sistemas dos Servios;
  • usar a Sada dos Servios para desenvolver modelos que competem conosco;
  • representar que a Sada dos Servios gerada por humanos quando no ;
  • usar os Servios ou Sada para difamar, assediar, ameaar, ameaar ou ofender qualquer pessoa; e
  • usar os Servios ou Sada para fins ilegais, abusivos, pornogrficos, enganosos, obscenos, caluniosos, difamatrios, ofensivos, violentos, de dio ou de outra forma inapropriados.
"Direitos de Propriedade Intelectual" so definidos como todos os direitos de propriedade intelectual registrados ou registrveis ??em qualquer lugar do mundo, incluindo, sem limitao, direitos em ou relacionados a marcas registradas, marcas de servio e outras marcas comerciais, (ii) patentes e pedidos de patente, (iii) ) designs, (iv) direitos autorais e direitos similares a direitos autorais, (v) nomes comerciais, de empresas e de domnio, (vi) invenes, descobertas, melhorias, designs e tcnicas, (vii) processos e informaes confidenciais e know-how, e ( viii) direitos de imagem e/ou publicidade.

Taxas e pagamentos

Voc deve usar sua cota de assinatura ou crdito(s) de download para baixar a Sada de acordo com os preos e termos na pgina de preos aplicvel ao download, ou conforme acordado por escrito entre ns. Reservamo-nos o direito de fazer alteraes nos preos a qualquer momento.

Termo e Resciso

Estes Termos entram em vigor quando voc usa nossos Servios pela primeira vez e permanecem em vigor at serem encerrados. Voc pode encerrar estes Termos a qualquer momento e por qualquer motivo, descontinuando o uso de nossos Servios e a Sada. Reservamo-nos o direito absoluto de bloquear, restringir, suspender e/ou encerrar seu acesso aos Servios ou a qualquer parte deles a qualquer momento e sem aviso ou responsabilidade para com voc. Ao encerrar, voc cessar o uso de nossos Servios e destruir prontamente toda a Sada.

Isenes de responsabilidade

No garantimos que voc possa registrar ou reivindicar a propriedade dos direitos autorais do OUtput ou do Contedo, ou que qualquer aplicativo de marca registrada ou reivindicao de direitos autorais no infringir os Direitos de Propriedade Intelectual de terceiros. Consulte seu advogado sobre as respectivas leis se desejar registrar ou registrar os direitos autorais do Output.

Devido natureza do aprendizado de mquina e do aprendizado de inteligncia artificial, o Output gerado por nossos Servios pode no ser nico entre os usurios, e os Servios podem gerar o mesmo Output ou um Output semelhante para terceiros.

Alm disso, o Output gerado pelos nossos Servios pode no ser preciso. Como tal, estamos constantemente trabalhando para melhorar nossos Servios para torn-los mais precisos, confiveis, seguros e benficos. Voc ter a responsabilidade de avaliar a preciso de qualquer Output conforme apropriado para o seu uso, incluindo a reviso humana do Output.

Qualquer software, servio ou outro produto de terceiros que voc usar em conexo com os Servios est sujeito a seus prprios termos e no somos responsveis ??pelos produtos de terceiros.

Indenizao e Limitao de Responsabilidade

Voc defender, indenizar e isentar a ns, nossas afiliadas e nosso pessoal, de e contra qualquer reivindicao, perda e despesa (incluindo honorrios advocatcios) decorrentes ou relacionados ao seu uso dos Servios, incluindo sua Entrada, Sada, produtos ou servios que desenvolvemos ou oferecemos em conexo com os Servios, e sua violao destes Termos ou violao de qualquer lei aplicvel.

AVISO IMPORTANTE DE ISENO DE RESPONSABILIDADE: OS SERVIOS SO FORNECIDOS "COMO ESTO". EXCETO NA MEDIDA PROIBIDA POR LEI, NS E NOSSOS AFILIADOS E LICENCIANTES (SE HOUVER) NO DAMOS GARANTIAS (EXPRESSAS, IMPLCITAS, ESTATUTRIAS OU OUTRAS) EM RELAO AOS SERVIOS E RENUNCIAMOS A TODAS AS GARANTIAS, INCLUINDO, MAS NO LIMITADO A, GARANTIAS DE COMERCIALIZAO, ADEQUAO PARA UM PROPSITO ESPECFICO, QUALIDADE SATISFATRIA, NO INFRAO E GOZO TRANQUILO, E QUAISQUER GARANTIAS DECORRENTES DE QUALQUER CURSO DE NEGOCIAO OU USO COMERCIAL. NO GARANTIMOS QUE OS SERVIOS SERO ININTERRUPTOS, PRECISOS OU LIVRES DE ERROS, OU QUE QUALQUER SERVIO SER SEGURO OU NO PERDIDO OU ALTERADO.

Voc concorda que nem ns nem nossas respectivas afiliadas, nem qualquer dos respectivos oficiais, diretores, funcionrios, proprietrios, agentes, representantes e licenciantes, sero responsveis por danos diretos, gerais, punitivos, especiais, incidentais, indiretos ou consequenciais ou perda de lucros ou quaisquer outros danos, custos ou perdas resultantes do uso ou no uso dos Servios, mesmo que tenhamos sido avisados, ou informados da possibilidade, de tais danos.

Lei Aplicvel e Resoluo de Disputas

Estes Termos sero regidos pelas leis de Singapura, sem considerao aos princpios de conflito de leis.

Todas as disputas decorrentes ou relacionadas prestao de nossos Servios ou a estes Termos sero resolvidas por meio de negociaes amigveis. Se as partes no conseguirem resolver tal disputa dentro de trinta (30) dias aps o incio das negociaes, as partes concordam que a disputa ser resolvida por arbitragem em Singapura sob o Singapore International Arbitration Centre ("SIAC"). O nmero de rbitros ser de um (1) e a lngua da arbitragem ser o ingls. A deciso arbitral ser final e vinculante para ambas as partes.

Voc tambm concorda plenamente com as disposies de renncia de ao coletiva e todas as disputas devem ser apresentadas apenas individualmente.

Atribuio

Voc no pode ceder quaisquer direitos ou obrigaes sob estes Termos a terceiros. Teremos o direito de ceder estes Termos em conexo com uma fuso, aquisio ou venda de todos ou substancialmente todos os Servios, a qualquer afiliado ou como parte de uma reorganizao corporativa.

Modificaes

Podemos alterar estes Termos de tempos em tempos, postando uma verso revisada no site. Todas as alteraes sero efetivas imediatamente. Seu uso contnuo dos Servios aps qualquer alterao significa que voc concorda com tal alterao.

Renncia e Recursos

Se voc no cumprir estes Termos e no tomarmos uma ao imediatamente, isso no significa que estamos renunciando a quaisquer de nossos direitos. Voc concorda que, se violar qualquer destes Termos, poder nos causar um dano irreparvel e teremos o direito de buscar uma medida cautelar contra voc, alm de quaisquer outros recursos legais.

Idioma

Estes Termos esto escritos em ingls com uma traduo de referncia em outro idioma (se necessrio). Em caso de qualquer conflito na interpretao ou construo destes Termos, a verso em ingls prevalecer.

123RF Packs License

123RF PACKS LICENSE AGREEMENT

  1. ESSENTIAL INFORMATION

    This 123RF PACKS License Agreement ("Agreement") is between Inmagine Lab Pte. Ltd. ("123RF"), conducting business or transactions through and as 123RF.COM and the user ("You") who downloads Content (as defined below) from any of the websites (the "Sites"). You may not allow anyone else to use your username or password. For the purpose of this Agreement, "Content" is defined as craft/cut files, fonts, graphics, patterns, mock-ups or templates labeled as "PACKS" and owned by 123RF or its authorized contributors and has been made available for download on the Sites.

    You understand that the Content is copyrighted and may be owned by a third party, partner/contributor or supplier, and any unauthorised use by You may be an infringement of such copyright. We reserve the right to amend, change, alter, substitute or otherwise modify the terms and conditions of this Agreement at any time ("Update"). Each Update will be dated and indicated on the Sites, and such indication shall serve as effective notification to You. Continued download of Content from the Sites will constitute your unconditional acceptance of the Update.

    You have agreed to be bound by this Agreement and by downloading any of the Content from 123RF, You acknowledge that You have read, understood, and accepted this Agreement, Terms of Use, Privacy Policy, and Cookie Policy which are incorporated herein by reference. In the event of any inconsistency between the Terms of Use and this Agreement, the terms of this Agreement shall prevail.

    If You are purchasing on behalf of a licensee ("Licensee"), You hereby represent and warrant that You are authorized to act on behalf of such Licensee and have full authority to bind the Licensee to this Agreement. If the Licensee fails to abide by this Agreement, You shall be personally and fully liable on a joint and several basis for such failure and any resulting damage or claim.

  2. 123RF REPRESENTATION
    1. 123RF represents to the best of its knowledge that it owns all rights or has all requisite authority to license the Content under this Agreement; provided, however, that such representation will be deemed inapplicable with regards to the Content which is found to be subject to the ownership or rights of any third party (other than 123RF) without the reasonable knowledge or fault of 123RF. The copyright and all other rights of the Content shall remain with 123RF and its respective contributors/suppliers. However, such representation will be deemed inapplicable with regards to the Content which does not carry the corresponding model/property release in relation to the Content which prevents the Content from the intended use.
    2. 123RF and the Content are made available to You "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". 123RF, its employees, directors, and officers, and anyone else associated with 123RF disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that Your usage of 123RF will be uninterrupted, error free of computer viruses or other damaging materials. When You access and acquire the Content, You do so at Your own risk. 123RF, its employees and officers, and anyone else acting on behalf of 123RF also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. 123RF, its employees, directors, and officers, and anyone acting on behalf of 123RF make no representation or warranty as to Your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.
      1. You understand and acknowledge that neither 123RF, its employees, directors, and officers, nor anyone acting on behalf of the Sites has made any representation or warranty that Your use of the Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition; and
      2. You understand that You should seek competent counsel before using the Content on or in connection with any goods or services or for any other commercial purposes.
  3. GRANT

    Subject to the terms herein, 123RF grants You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable and non-sublicensable license to use, reproduce, modify, publish and display downloaded Content according to the terms and conditions of this Agreement.

    For the avoidance of doubt and clarity, in the event, if the Content is to be used by multiple users within your organization then You shall purchase the Content based on how many users shall be using it. For example, if there are five (5) designers within your organization who wish to use the Content then You will be required to purchase five (5) of those Content thus obtaining five (5) individual licenses for the use of the Content by your respective designers.

  4. SINGLE USER ACCOUNT ONLY

    This Agreement only allows the creation and registration of a Single User Account only. You may not allow anyone else to use Your username and password.

  5. DEFINITIONS
    1. Content” means craft/cut files, fonts, graphics, patterns, mock-ups or templates labeled as "PACKS" and owned by 123RF or its authorized contributors and has been made available for download on the Sites.
    2. Licensed Work means the genuine end-product or end derivative work that has been created by or on behalf of You or Your client, using independent skill and effort and that incorporates the Content and other material, and which the Content shall be inseparable (to the extent commercially and reasonably possible) from the Licensed Work to be Standalone Content.
    3. Reproduce(d)” means any form of copying or publication of the whole or a part of any Content by whatever means (which includes distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Content to create a finished derivative product (the Licensed Work).
    4. Standalone Content” means the unaltered and unmodified Content in the original form downloaded from the Sites, including the same Content at a different resolution.
  6. PERMITTED USAGE

    You may, subject to the terms and conditions set out in this Agreement, use the Content for personal or commercial use, subject to the following permitted usage.

    Content Permitted Usage
    Fonts
    • Unlimited projects with unlimited views/prints/sales.
    • Fonts can be printed on physical products (such as t-shirts, mugs and shoes) with unlimited print runs. Under commercial use, such physical products can be sold.
    • Fonts can be converted into graphics for resale, provided only flattened un-editable graphics are included. Secondly entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) should not be converted. Only quotes or expressions are allowed for conversion.
    • You are not allowed to share, resell or distribute Fonts on a standalone basis or include Fonts in the sale of template products (e.g. a website theme or logo template).
    • Fonts shall only be used as a design element of a Licensed Work. Fonts shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our fonts into an application that allows You to select our Fonts to make Your own T-Shirt design is strictly prohibited.
    • You may digitize Fonts for embroidery purpose provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted and only Fonts used in the form of quotes or expressions can be digitized.
    • Fonts can be used for any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.) provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted.
    Graphics
    • Unlimited projects with unlimited views/prints/sales.
    • Graphics are referred to as non-cut or craft related files. E.g. a pack of 100 floral elements or a collection of cute animal illustrations.
    • Graphics used to create Licensed Works must be used with other design elements to create a distinctive new design that does not completely resemble the Graphic used. The original Graphic file used to create the Licensed Work cannot be extracted or separated by the customer when the Licensed Work is being sold to the customer via electronic means. The customer is only permitted to use the said Licensed Work, but not the original Graphics file.
    • Graphics cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
    • You are not allowed to share, resell or distribute Graphics on a standalone basis or include Graphics in the sale of template products (e.g. a website theme or logo template).
    • Graphics shall only be used as a design element of a Licensed Work. Graphics shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Graphics into an application that allows You to select our Graphics to make Your own T-Shirt design is strictly prohibited.
    • Graphics can be uploaded to any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.) as long as it has been combined with other elements to create a significantly new design as a flattened end product.
    Patterns
    • Patterns are allowed to be printed directly onto physical products without alteration.
    • Patterns used to create digital Licensed Works must be used with other design elements to create a distinctive new design that does not completely resemble the Pattern used. The original Pattern file used to create the Licensed Work cannot be extracted or separated by the customer when the Licensed Work is being sold to the customer via electronic means. The customer is only permitted to use the said Licensed Work, but not the original Pattern file.
    • Patterns cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
    • You are not allowed to share, resell or distribute Patterns on a standalone basis or include Patterns in the sale of template products (e.g. a website theme or logo template).
    • Patterns shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Patterns into an application that allows You to select our Patterns to make Your own T-Shirt design is strictly prohibited.
    Craft/Cut Files
    • 10 different types of Licensed Works for each Craft/Cut File with unlimited prints. E.g. when the same Content is incorporated on a water bottle and a phone casing, we consider such usage as 2 distinct Licensed Works.
    • Further customisation for Your clients (i.e. personalize a birthday board, adding initials to a monogram frame) is not allowed.
    • Craft/Cut Files are created purely for the end customer. Craft/Cut Files are not for designers to use as a design element to create a new Licensed Work in digital form for sale.
    • Craft/Cut Files used for Licensed Works must be individually handmade and may not be used for mass production of the Licensed Works for large-scale commercial gain.
    • Craft / cut files are not allowed to be used or uploaded to any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.).
    • Craft/Cut Files cannot be converted into other formats (e.g. SVG, EPS, CSD, PES, JEF, XXX etc.) and subsequently sold and/or distributed.
    Mock-ups & Templates
    • Mock-ups & Templates used to create the Licensed Works must be used with other design elements to create a distinctive new design that does not completely resemble the Mock-ups & Templates used. The original Mock-ups & Templates used to create the Licensed Work cannot be extracted or separated by the customer when the Licensed Work is being sold to the customer via electronic means. The customer is only permitted to use the said Licensed Work, but not the original Mock-ups & Templates file.
    • You are not allowed to share, resell or distribute Mock-ups & Templates on a standalone basis or include Mock-ups & Templates in the sale of template products (e.g. a website theme or logo template).
    • Mock-ups & Templates shall only be used as a design element of a Licensed Work. Mock-ups & Templates shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Mock-ups & Templates into an application that allows You to select our Mock-ups & Templates to make Your own T-Shirt design is strictly prohibited.
  7. ADDITIONAL RIGHTS

    To facilitate Your use of the Content to Reproduce Licensed Works, You may also:

    1. Client Work: utilize Content to produce Licensed Works on behalf of clients (e.g., advertisements by a graphic designer).
    2. Procurement: obtain the License to the Content on behalf of the client, provided the client is similarly fully subject to and bound by the terms of the License.
    3. Representative: obtain the License on behalf of Your employer, company, group or affiliate, provided such other party is similarly fully subject to and bound by the terms of the License.
    4. Subcontract: transfer Content obtained from the Sites to Your subcontractors or employees temporarily to produce Licensed Works strictly on Your behalf, provided such other party abides by the restrictions in this License.
  8. RESTRICTIONS

    Other than as specifically permitted in Sections 6 and 7 herein, You may NOT:

    Restrictions Meaning
    Sublicense, sell or transfer any rights
    • The rights are personal to You.
    • You may not transfer any rights in this Agreement to third parties without 123RF’s consent.
    Sell, share, license, assign or distribute the Content
    • Conveyance of the Content to third parties must always be where the Content has been incorporated into a Licensed Work.
    • You must ensure that adequate technological measures are put in place in order that the Content may not be extracted/copied from Licensed Works by third parties.
    • You must ensure that the Content is not included in an electronic form which can be reproduced by third parties on electronic or printed products.
    • You must not share the Content across a network or service, on a CD or DVD or any media, on mobile devices, in peer-to-peer file sharing site or applications or in any other way that enables Content to be accessed by any third party
    Infringe 123RF’s intellectual property rights
    • In connection with the Content/Licensed Work, You may not infringe or misappropriate the intellectual property rights (e.g., copyright, design right or trademark) of any party.
    • You must not remove any copyright notice, watermark, author attributions, legal notices, proprietary designations or other intellectual property information in any Content.
    • You must not use the Content in any logo or as part of any trademark.
    • You must not falsely represent, expressly or impliedly, that the Licensee is the original creator of a work that is either a standalone pictorial, graphic, motion picture or other visual work that derives a substantial part of its artistic components from the Content.
    Extract Content illegally
    • You must not use methods other than those provided by 123RF such as automated or programmatic means or methods to download Content from the Sites.
    Use Content illegally or in a way that would bring 123RF into disrepute
    • You may not use the Content in any way that violates any law, regulation or statute in any applicable jurisdiction.
    • The Content and Licensed Work may not be used in any way (by itself or with other content/context) that is pornographic, offensive, politically endorsing, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal; or in a manner which endorses violence or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating site or apps, is discriminatory towards race, gender, religion, faith or sexual orientation.
    Use Content to derogate persons/property
    • You may not use the Content in connection with a subject that would be unflattering or unduly controversial to a reasonable person unless You accompany each use with a statement that clearly indicates that (i) the Content is being used for illustrative purposes only and (ii) any person depicted in the Content, if any, is a model.
    • You may not imply that the creator of the Content endorses any political, immoral or offensive inclinations.
    Resell Licensed Works
    • Licensed Works and/or Content may not be used as a part of a physical item or template that is to be resold.
  9. TERMINATION

    This Agreement is effective until it is terminated. You can terminate this Agreement by:

    1. deleting and destroying all the Content downloaded by You and in Your possession, and any Licensed Work(s), and copies/ accompanying materials thereof; and
    2. ceasing to use the Content for any purpose.

    123RF can terminate this Agreement without notice to You if You fail to comply with any of the terms and conditions of this Agreement. Upon such termination, You must immediately carry out Sections 9(a) and (b) above with or without further notice by 123RF and confirm in writing to 123RF that the foregoing requirements have been completed.

  10. LICENSEE INDEMNITY

    Notwithstanding anything to the contrary in this Agreement, You agree to fully defend, indemnify and hold 123RF and its officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with 123RF and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of the Content and the Sites or any breach or alleged breach of any representation, warranty, or other promise/obligation made by You in this Agreement.

  11. 123RF INDEMNITY

    Provided that You have not breached the terms of this Agreement, 123RF agrees to defend, indemnify, and hold You harmless up to the Liability Cap (defined below). Such indemnification shall only apply to claims for damages directly attributable to 123RF's breach of the warranties and representations in this Agreement, arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging the possession, distribution, or use of unaltered Content downloaded from the Sites. This indemnification is on the condition that You give 123RF:

    1. no later than five (5) business days written notice from the date You know or reasonably should have known of the claim or threatened claim, where such notification must include all details of the claim then known to You and emailed to legal@123rf.com, Attention: General Counsel;
    2. full information, assistance and cooperation for the defense or settlement thereof; and
    3. at 123RF's option, sole control of any defense, settlement or action related thereto.

    123RF shall not be responsible for any claim settled without 123RF's consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.

  12. LIABILITY CAP

    123RF's maximum aggregate obligation and liability to You for all claims (assessed collectively) under Section 11 shall be limited to Twenty Five Thousand United States Dollars (US$25,000.00) or the total amount of the license fees paid by You for the Content, whichever the lower ("Liability Cap").

  13. RATES

    You shall be entitled to license the Content at the rates and/or the pricing as per check out. The rates and/or the pricing may be reviewed and amended by 123RF from time to time, in its sole discretion.

  14. UNAUTHORIZED USE

    The representations and the warranties made by 123RF in this Agreement apply only to the Content as delivered by 123RF and will be invalid if the Content is used by You in any manner not specifically authorized in this Agreement or if You are otherwise in breach of this Agreement.

  15. GOVERNING LAW AND DISPUTE RESOLUTION
    1. This Agreement shall be governed by the laws of Singapore, without regard to the conflict of laws principles.
    2. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre ("SIAC") administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
    3. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under Singapore Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Singapore, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.
  16. ASSIGNMENT

    Neither party shall assign its rights or interests under this Agreement to any third party without the other party's prior written consent in each instance; except that a party may assign its rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of such party, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which it participates, or (iii) to the purchaser of all or substantially all of the assets of the party, provided such assignee agrees to assume in writing such party's rights and obligations under this Agreement.

  17. NO THIRD PARTY RIGHTS

    Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.

  18. ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement between You and 123RF regarding its subject matter and supersedes any previous written or oral agreement between You and 123RF. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to give effect most closely to the parties' intention. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

  19. LANGUAGE

    This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.

  20. ELECTRONIC AGREEMENT

    You have agreed and reaffirm Your agreement to this Agreement electronically by downloading the Content.

Public Domain CC0

Statement of Purpose

The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").

Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works ("Commons") that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.

For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.

  • Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:

    • the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;

    • moral rights retained by the original author(s) and/or performer(s);

    • publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;

    • rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;

    • rights protecting the extraction, dissemination, use and reuse of data in a Work;

    • database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and

    • other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.


  • Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.


  • Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.


  • Limitations and Disclaimers.

    • No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.

    • Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.

    • Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.

    • Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.