INSTAR Images Terms of Use

These are the terms and conditions that you must follow if you use our website located at www.instarimages.com ("Website"). Your use of our Website indicates your acceptance of these terms and conditions.

1. This Website is owned and operated by instarimages.com , our Website is made available on an “as is” basis without warranty of any kind, including warranty of continued access or availability or against interruption of service All of the Images or Videos (“Content”) offered on the Website is owned by instarimages.com and or its Content providers. All Content we make available through our Website are “Rights Managed Content”, meaning “Content licensed for a fee on a per usage basis”. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and the use of our Content without our prior approval or knowledge and shall entitle instarimages.com to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. instarimages.com in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties instarimages.com may be entitled to under this Agreement, any applicable Content License Agreement and applicable law.
This Website may contain photographs of clothing, fashion collections and trademarks which are protected by intellectual property laws and cannot be used or reproduced, in whole or part, without the prior written consent of the copyright owners, or their authorized licensees, of such intellectual property

2. Your Log in Information (USER NAME AND PASSWORD)
The log in information of your choose or assigned by our staff is yours and yours only. By agreeing to our terms and conditions you are not to share or distribute your log in information with any other person or persons. By sharing your log in information with others you could be promoting illegal use and downloads from our Web site, and you could be held responsible and liable by law.

3. Limited Warranty and Disclaimer
instarimages.com warrants that the Content, when used as authorized by our sales representatives and under this Terms and Condition will not infringe the rights of the copyright holder of the Content, it has sufficient rights to enter into a license agreement and grant the rights provided herein;

For any other use of the Content not specified on the license agreement or invoice, licensee is responsible for consulting with its own legal counsel to determine whether additional rights are needed for the intended End Use. Licensee may not rely on any statements made by any instarimages.com employee or representative other than those made in the license Agreement or invoice.

4. instarimages.com makes no warranties, nor shall instarimages.com be liable, for any claims related to or arising from Licensee’s use of Content which Licensee’s modification of such Content or combination of such Content with other Content, products, text, content or materials, such claims would not have arose; or arose after instarimages.com has otherwise notified Licensee not to use the applicable Content.
While instarimages.com makes efforts to use accurate caption information, and efforts to ensure the accuracy of the Content, instarimages.com does not warrant such information and content’s accuracy.

All of our Content is protected by U.S. and international copyright laws. For the protection of instarimages.com and our Content providers, images may be watermarked and/or digitally watermarked and may include different methods for tracking content obtained on our Website.

5. Limitation of Liability:
Except for any liability which cannot by law be excluded or limited, neither instarimages.com, nor any officer, director, employee, contractor, agent, subagents shall be liable to Licensee or any other third party claiming through licensee for indirect, incidental, punitive, statutory or consequential damages arising out of or relating to our Terms and Condition or licensee’s use or inability to use the content


6. Indemnification
6.1 instarimages.com agrees to indemnify and hold harmless Licensee, its officers, directors and employees (collectively, the “Licensee Indemnified Parties”) from any and all loss or damage arising out of any claim by a third party based on instarimages.com breach of the warranties in Section 3 (“Licensee Claim”) by paying that portion of the final judgment (including reasonable outside attorneys’ fees and costs awarded, if any) entered against the Licensee Indemnified Parties by a court of competent jurisdiction on such Licensee Claim.
instarimages.com shall have the right, but not the obligation to defend and control the defense of any such Licensee Claim and to choose counsel for such purpose, provided that the Licensee Indemnified Party may participate at its own cost and expense. Notwithstanding the preceding, instarimages.com shall have no obligation under this if Licensee does not provide instarimages.com with prompt written notice of Licensee’s receipt of any Licensee Claim and such delay impairs instarimages.com ability to defend its rights. instarimages.com will not agree to any stipulation, admission, or acknowledgment of any fault, guilt, wrongdoing or liability on the part of any Licensee Indemnified Party without Licensee’s prior written consent. instarimages.com will not settle any Licensee Claim on any Licensee Indemnified Party’s behalf or publicize any settlement without Licensee’s prior written consent.

6.2 Licensee agrees to indemnify and hold harmless instarimages.com and its Content sources, officers, directors and employees (collectively, the “instarimages.com Indemnified Parties”), from any and all loss or damage arising out of any claim by a third party based on (i) Licensee’s material breach of any terms, conditions or restrictions of this agreement, to the extent that it gives rise to the claim, Licensee’s use or modification of any Content, or combination of any Content, with any text or other content, Licensee’s failure to obtain from third parties all permissions necessary to use the Content, and Content which instarimages.com has notified Licensee not to use (collectively, the “instarimages.com Claim”) by paying that portion of the final judgment (including reasonable outside attorneys’ fees and costs awarded, if any) entered against the instarimages.com Indemnified Parties by a court of competent jurisdiction on such instarimages.com Claim. Licensee shall have the right, but not the obligation to defend and control the defense of any such instarimages.com Claim and to choose counsel for such purpose, provided that the instarimages.com Indemnified Party may participate at its own cost and expense. Notwithstanding the preceding, Licensee shall have no obligation under this Section if instarimages.com does not provide Licensee with prompt written notice of instarimages.com receipt of any instarimages.com Claim and such delay impairs Licensee’s ability to defend or its rights. Licensee will not agree to any stipulation, admission, or acknowledgment of any fault, guilt, wrongdoing or liability on the party of any instarimages.com Indemnified Party without instarimages.com prior written consent. Licensee will not settle any instarimages.com Claim on any instarimages.com Indemnified Party’s behalf or publicize any settlement without instarimages.com prior written consent.

7. CONTENT RESTRICTION USAGE: Content may not be used as a trademark or logo, or violates any person’s right of privacy, publicity or moral rights, or infringes upon any copyright, trade name or trademark Licensee does not acquire, and shall not claim, any rights in the Content itself apart from the End Use. INSTAR Images does not permit the use of Content in any defamatory or morally questionable way, this include use in pornography (or related uses), in hate or offensive content of any kind, and in any use that might depict the subjects of the photo in a negative connotation. Content may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the Content. Content is to be used for “Editorial” purposes, you may not use Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest. Unauthorized use of Content may constitute infringement of copyright and other applicable rights and shall entitle instarimages.com to seek all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. instarimages.com in its sole discretion reserves the right to bill Licensee (and Licensee hereby agrees to pay) the license fee for any unauthorized use, or pursue any other fees, damages and penalties instarimages.com may be entitled to under this Terms and Condition and applicable law.

8. If you have any questions about instarimages.com Terms and Conditions, you shall contact us at Inquiries@instarimages.com.

instarimages.com reserves the right to change or amend these Terms and Conditions at any time without prior notice.