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Terms & Conditions

Aflo Terms & Conditions

This section includes all of our legal documents regarding your use of the Aflo website and your rights pertaining to content licensed through Aflo.
The main Terms & Conditions below concern your use of this website.

We also publish our Privacy Policy and collection specific End User License Agreements (EULAs). As far as possible the extent of your usage rights are outlined here in our General Terms & Conditions but each collection of images within the website has its own EULA which you agree to abide by when purchasing an image or license.


GENERAL TERMS & CONDITIONS FOR USE OF THE AFLO WEBSITE

The Aflo website at www.afloimages.com (the "Website") is a searchable collection of images and footage provided by Aflo Co., Ltd. ("Aflo") to users of stock images subject to the payment of licensing fees.

The following terms and conditions (the "Terms & Conditions") govern your use of the Website and form a legal agreement (the "Agreement") between you, your company, your employer and your client, as the case may be, (collectively referred to herein as "You" or "Your") and Aflo. You are required to read this Agreement and accept all of its provisions by clicking on the "I have read and agree…" box in order to register and before You may download any image from the Website. By registering on the Website, You confirm that You have read all of the Terms and Conditions and that You will abide by and be bound by this Agreement. If You do not wish to be bound by this Agreement, kindly do not use the Website. If You use this Website without registering, then You will have no rights whatsoever to do anything but look at the images and read the information on the Website.
 These Terms and Conditions apply to your use of the Website. Should you purchase any Images from AFLO the conditions for use of the particular Images and the End User License Agreement (“EULA”) that applies to the Image Collection from where the Image(s) is/are taken will also govern how you are able to use any Image(s) purchased or Licensed. For example should you license an image from an Aflo RM collection and also purchase an RF image from the Score RF collection then the terms of use for these images will be governed by the Image License and the respective Collection EULAs that can be found here.
 
 
Modifications to the Terms and Conditions
Aflo reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Website and/or the images that appear on the Website after such changes indicates Your acceptance of the Terms and Conditions as modified. It is Your responsibility to review the Terms and Conditions regularly.
 
1. COPYRIGHT IN IMAGES
1.1 All photographs, illustrations, digital art and other forms of images or footage on the Website, whether Rights-Managed or Royalty-Free (collectively, the "Images") are the exclusive property and copyright of Aflo and/or its licensors. The Images are protected by national copyright laws, international treaty provisions and other applicable laws.
1.2 Unauthorized use of Images
Unless You have received and paid for a license from Aflo:
a. it is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another image;
b. it is illegal to incorporate all or part of any Image into another image. Changing an Image does not give You any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.
1.3 Liability for unauthorized use of Images
Aflo, its Agents (as defined in Section I) and its contributing artists and licensors earn their living by licensing and controlling all rights to the Images. You agree that any unauthorized use, publication or transmission of any Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising from Your unauthorized use.
 
2. TYPES OF IMAGES
Aflo offers Rights Managed (“RM”), Royalty Free (“RF”), Subscription (“Su”) and Editorial (“Ed”) Images through the Website. The Image type is labeled below to the respective Image and in the Image preview screen.
 
3. RIGHTS MANAGED IMAGES – LIMITATIONS ON USE
3.1 What you can do with RM Images (Comping License)
If You have registered on the Website, then Aflo may grant You a nontransferable, nonexclusive license to use RM Images for layout, comping or internal presentations, without charge, provided You intend to purchase a license from Aflo to reproduce those RM Images if the layout is approved.
3.2 What you cannot do with RM Images
Anything else. Except as noted in Section 3.1 above, the RM Images may not be copied or reproduced in any manner whatsoever without the prior written consent of Aflo as evidenced by an RM License, and subject to the payment of that RM License. All rights are reserved by Aflo and its licensors.
3.3 An "RM License" is a written document, whether delivered in electronic or printed format, created by Aflo which defines the specific manner and scope in which an RM Image may be used by You. An RM License may be issued in response to a request from You for permission to use an RM Image, subject to availability of that RM Image as determined by Aflo and subject to Your agreement to the RM License fee. Such request may be conveyed to Aflo via the Website, via e-mail, orally via telephone, or other means of communication. The RM License fee is based on how the RM Image will be used. The RM License is limited in scope.
 
4. RIGHTS MANAGED – RIGHTS CLEARANCE
It is possible that an RM Image You have chosen - or a substantially similar RM Image - may be subject to a conflicting prior RM License that could prevent Aflo from issuing an RM License to You. To ensure that the required rights may be available to You, contact Aflo at (81) 3-5550-2120, or e-mail support@aflo.com to clear the rights, through our global network. This service is available to You, free of charge. Clearances take between 24 and 48 hours to complete.
 
5. RIGHTS MANAGED – USE OF PRICE CALCULATOR
The Aflo Price Calculator is available to any registered users of the Aflo website.
5.1 Purpose of the Price Calculator.  The Price Calculator is provided to You for convenience of reference only.
5.2 Non-exclusive rights. Prices quoted in the Price Calculator are strictly in respect of non-exclusive rights to use any RM Image.
5.3 Prices may be changed by Aflo without notice. However, Aflo will honor any lower price properly obtained through the Aflo Price Calculator within 30 days. Aflo will not be required to honor any price that varies by more than 20% from its then current rates, if the price quoted was due to a programming or data entry error.
 
6. RIGHTS MANAGED – TERMS & CONDITIONS OF LICENSING
By concluding a request via the Website to license and download an RM Image, including prepayment by credit card (an "RM Web Transaction"), You will be permitted to download one high-resolution digital copy of the RM Image (the "Licensed RM Image") for commercial reproduction.
Even if You have been permitted to download an RM Image from Aflo, no rights will be granted to that RM Image until an RM License has been issued by Aflo and You have paid the applicable RM License fee in full. Your right to use and reproduce the Licensed RM Image will at all times be subject to and governed by the specific terms of license described by Aflo in the RM License and the End User License Agreement (“EULA”) that accompanies the Iimage, as well as the following general terms and conditions:
6.1 (RM) Copyright
The Licensed RM Image is and will remain the exclusive property and copyright of Aflo and/or the respective artist or licensor. Aflo’s copyright notice and image identification codes which appear in the Licensed RM Image file must remain with Your digital copies of the Licensed RM Image at all times.
6.2 (RM) Full disclosure
You warrant that You have supplied true and accurate information to Aflo in the Web Transaction to fully describe the manner in which the Licensed RM Image will be used, including the correct name and type of business of the end user of the Licensed RM Image. Note: The "end user" is the ultimate beneficiary of the RM License (e.g. if an ad agency uses a Licensed RM Image in a brochure for an airline, the airline is the end user of the Licensed RM Image, not the ad agency).
6.3 (RM) Scope of rights
Only the rights described in the specific terms of RM License will be granted. No secondary electronic, advertising or commercial rights whatsoever will be granted or implied unless specifically stated in the RM License.
6.4 (RM) Non-exclusive rights
Reproduction rights in RM Images are non-exclusive unless otherwise stated in writing by Aflo in the RM License.
6.5 (RM) Request for Exclusivity
Exclusive rights may only be granted by Aflo subject to the availability of such rights and subject to additional fees as determined by Aflo. Exclusive rights cannot be obtained through the Website. You must contact Aflo directly to inquire about exclusivity. No exclusivity will be granted or implied unless it is stated in writing by Aflo in the specific terms of the RM License. If Aflo grants exclusive rights in an RM License, it will take reasonable precautions to avoid licensing the Licensed RM Image to others in a manner which, in its opinion, conflicts with the specific terms of the RM License.
6.6 (RM) Credit Line
If the Licensed RM Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, then Aflo will require a credit line be given in the form:
" Photo by: (Artist’s Name)/Aflo"
as a condition of the RM License. The requirement for such credit will appear in both the details of the Web Transaction and the RM License. Failure to include such credit line will result in a surcharge of 100% of the RM License fee.
6.7.1 (RM) Aflo’s Right to Rescind
Aflo reserves the right to rescind the RM License for any or all of the following reasons:
a.  If any of the information provided by You is deemed by Aflo to be incorrect, and You do not provide corrected information to Aflo, to Aflo’s satisfaction, within one "Business Day" of notice having been issued to You by Aflo.
b. If the proposed use of any RM Image by You is deemed by Aflo:
i.  to conflict with exclusive rights granted to another client in the same or a similar RM Image;
ii.  to conflict with any limitations that were communicated to You by Aflo in the ordering process;
iii.  to breach any of the terms, conditions, representations or warranties set out in the Terms and Conditions
c. If You become bankrupt, insolvent or otherwise cease to carry on business.
6.7.2 In all such instances, Aflo will attempt to notify You within one Business Day by e-mail, and/or fax, and/or telephone of its intention to rescind the RM License.
a. revised information properly delivered by You to Aflo results in a decrease in the amount of the RM License Fee, Aflo will promptly process the appropriate credit or refund and issue a new RM License and will cancel the original RM License.
b. If revised information properly delivered by You to Aflo results in an increase in the amount of the RM License Fee, and You agree to pay such increase, Aflo will promptly issue a new RM License and will cancel the original RM License.
c.  If revised information properly delivered by You to Aflo results in an increase in the amount of the RM License Fee, and You do NOT agree to pay such increase, Aflo will immediately rescind the RM License.
6.7.3 Once an RM License is rescinded, You and any end-user must cease using the RM Image immediately.
a.  Aflo’s right to rescind the RM License in all circumstances is and will be uncontestable and irrevocable.
b.   Aflo’s liability to You in any such instance will be solely limited to the amount of the RM License, either in the form of a credit (if the RM License is unpaid) or a refund (if the RM License is paid).
c.  prevent Aflo from rescinding an RM License if Aflo is unable to contact You, or if You do not respond to a communication from Aflo.
6.8 (RM) Copyright infringement.
Aflo will be entitled to a compensatory fee equal to the greater of U.S. $1,500 or 10 times the usual RM License fee for each Unauthorized Use by You of any RM Image in addition to any other rights or remedies available to Aflo under law (without You thereby acquiring any rights to the RM image). "Unauthorized Use" means any reproduction that is not specifically granted in the RM License by Aflo, or any reproduction for which an RM License has not been paid.
6.9 (RM) Disposal of the RM Image
After the RM License has expired, all reproducible copies of the RM Image in the control of You, Your employees, agents, representatives or suppliers must be erased or destroyed to prevent unauthorized use of the RM Image.
6.10 Additional Terms & Conditions of Licensing that are common to both RM & RF Images appear in Section 8 below

7. ROYALTY FREE – TERMS & CONDITIONS OF LICENSING

By concluding a request via the Website to license and download an RF Image, including prepayment by credit card, (an "RF Web Transaction"), You will be permitted to download one digital copy of the RF Image (the "Licensed RF Image") in a fee-specific file size for commercial reproduction.
RF Web Transactions are limited to registered users.
7.1 An "RF License" is a written document, whether in electronic or printed format, created by Aflo which may be issued in response to a request from You for permission to use an RF Image. Such request may be conveyed to Aflo via the Website, via e-mail, orally via telephone, or other means of communication. You may download a high-resolution copy of a Licensed RF Image from the Website by following the ordering prompts on the Website.
Even if You have been permitted to download an RF Image from Aflo, no rights will be granted to that RF Image until an RF License has been issued by Aflo and You have paid the applicable RF License fee in full.
7.2 (RF) Grant of License
Upon receipt of full payment from You, Aflo will grant You the non-exclusive, non-transferable license to use and modify the Licensed RF Image, subject to the restrictions contained in this Agreement and any additional restrictions that may otherwise be specified in the RF License.
7.3 (RF) Permitted uses
Subject to the restrictions listed in Section 7.4 and any additional restrictions that may otherwise be specified in the RF License, You may use the Licensed RF Image in any print, online, film, video, broadcast or multi-media product for promotional, advertising, editorial or consumer merchandise use, provided such products are not intended to allow the re-distribution or re-use of the RF Image.
7.4 (RF) Uses that are not permitted:
a. You may not rent, transfer or grant any rights to the Licensed RF Image to any person or organization without the prior written consent of Aflo including, without limitation, for any compilation, derivative or collective work containing such Licensed RF Image.
b. You may not make the Licensed RF Image available for use to more than 10 of Your employees or other persons authorized to carry out work on Your behalf (and in any event, only for Your sole benefit), unless You purchase a separate seat license from Aflo. You may purchase a seat license by contacting Aflo at 81-3-5550-2120, or e-mailing support@aflo.com with the details of your request.
c. You may not sell, license or distribute Your final product in such a way that permits other persons to extract or access the Licensed RF Image as a stand-alone file.
d. You may not incorporate the Licensed RF Image into a logo, trademark or service mark.
e. You may not use the Licensed RF Image in any electronic template or application, including those that are Internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license from Aflo for such purpose.
7.5 (RF) Credit line
If the RF Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, then Aflo will require a credit line be given in the form "Photo by: Aflo" as a condition of the RF License.
7.6 (RF) Copyright infringement
Aflo will be entitled to a compensatory fee equal to the greater of U.S. $1,500 or 10 times the usual RF License fee for each Unlicensed Use by You of any RF Image in addition to any other rights or remedies available to Aflo under law (without You thereby acquiring any rights to the RF Image). "Unlicensed Use" means any reproduction that is not specifically granted in the RF License by Aflo, or any reproduction for which an RF License has not been paid.
7.7 (RF) Termination of License
The RF License is in force until it is terminated by Aflo. If You do not comply with the terms and conditions of the RF License, then the RF License will automatically terminate and You and any end-user must cease using the respective RF Image(s) immediately.
7.8 (RF) Revocation of RF License
Aflo reserves the right to revoke the license to use any RF Image for good cause and to elect to replace such RF Image with an alternative RF Image. Upon notice of any revocation of a license for any RF Image, You agree to cease using such RF Image immediately and will take all reasonable steps to discontinue the use of the replaced RF Image in products that already exist and will inform all end-users and clients of same.
7.9 Additional Terms & Conditions of Licensing that are common to both RM & RF Images appear in Section 8 below.
7.10 (RF) Aflo’s International Agents
If the RF License is issued by an Agent, pursuant to Section "I" below, and not by Aflo Corporation, then that RF License is deemed to be made in and is governed by the laws of the country of the respective Agent.

8.TERMS & CONDITIONS OF LICENSING THAT ARE COMMON TO BOTH RM & RF IMAGES

8.1 (RM & RF) No Third Party Downloads
You may not post any Image on any electronic bulletin board, put it on-line in a downloadable or FTP format, or use it in a website at a resolution higher than 72 dpi. 
8.2 (RM & RF) Verification of information
You are responsible for the verification of all information (including image codes) appearing in an RM License or RF License.
8.3 (RM & RF) Third Party Releases
a. Model Releases:
i. An Image depicting any recognizable person is deemed to have a model release only if the existence of such release is specified as "Model Release: Yes" in the caption information adjacent to the preview (enlargement) of the respective Image on the Website. Please note that in some situations (e.g. busy street scenes, etc.), a model release may exist for the person(s) who is/are the main subject(s) of the Image but not for other people who may be incidental. As a general rule, if a person in an Image is not recognizable (e.g. due to blurring, the scale of the person within the Image, silhouetted figure, etc.) then a release may not be necessary for Your intended use. You are also directed to section 8.4 below for terms related to context of use.
ii. If the caption information adjacent to the preview (enlargement) of the respective Image on the Website reads "Model Release: No", then no model release exists for the Image. Please note that "Model Release: No" will appear even if no person is depicted in the Image. In these cases, obviously, no model release is required. However if an Image does include a person or persons and Aflo states "Model Release: No", then it is Your responsibility to determine if a model release is required (or is advisable) for the use You have intended. As a general rule, if a person in an Image is not recognizable (e.g. due to blurring, the scale of the person within the Image, silhouetted figure, etc.) then a release may not be necessary for Your intended use. Likewise, a release may not be required in some editorial contexts. However, it is recommended that You seek legal advice whenever using Images with people without a model release. You are also directed to section 8.4 below for terms related to context of use.
b. Property Releases:
i. An Image is deemed to have a property release only if the existence of such release is specified as "Property Release: Yes" in the caption information adjacent to the preview (enlargement) of the respective Image on the Website. Please note that in some situations, a property release may exist for some property depicted in the Image (e.g. a property release from the owner of the house depicted in an Image) and not other property in the same Image (e.g. the manufacturer and/or owner of the car parked in front of the house depicted in an Image). Please see section 8.3 (c) below for more information. You are also directed to section 8.4 below for terms related to context of use.
ii. If the caption information adjacent to the preview (enlargement) of the respective Image on the Website reads "Property Release: No", then no property release exists for the Image. Please note that "Property Release: No" will appear even if no tangible property is depicted in the Image. In these cases, no property release is required. However, if an Image does include a recognizable property, monument, architectural landmark, etc. and Aflo s


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