These H-work Image Use Terms (“Image Terms”) form a legally binding agreement between you and H-work in connection with your use of photo gallery on H-work and the images and vectors herein (collectively, “Images”).
These Image Terms, together with other terms and conditions applicable to your use of H-work, including but not limited to the User Terms of Services, and the Acceptable User Policy, shall govern your use of the Images. If there is any inconsistency between these Image Terms and other applicable terms and conditions, these Image Terms shall prevail with respect to your access and use of the Images.
Please take the time to read these Image Terms carefully. By accessing or using the Images, you agree to be bound by these Image Terms. If you do not agree with these Image Terms, you must not access or use the Images. “H-work”, “we”, “our”, or “us” refer to the H-work entity set forth in the User Terms of Services, and “you” or “your” refer to you as the user of the Images. Defined terms used but not defined in these Image Terms shall have the meaning given to them in the other terms and conditions applicable to your use of the Platform.
We may amend these Image Terms from time to time. We will use commercially reasonable efforts to provide reasonable notice to you of any material changes to these Image Terms, such as by email or by displaying a notice on the Platform. However, you should look at these Image Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Image Terms, which reflects the effective date of such new terms. Your continued access to or use of the Images after the date of the new Image Terms constitutes your acceptance of such terms. If you do not agree to the new Image Terms, you must stop accessing or using any Image.
In order to access and use the Images on the Platform, you need to register and maintain a valid account with the Platform.
With respect to an Image, subject to your compliance of these Image Terms and other terms and conditions applicable to your access and use of the Platform, and, if such Image is provided for a fee, also subject to your payment of the applicable fee, you have a limited, revocable, non-exclusive, non-transferable, non- sublicensable and worldwide right to access the Image and use the Image as part of the documents or content you create and maintain on and solely within the Platform.
The limited right you have under these Image Term only allows you to use the Images within the Platform. For clarity, you may use the Image as part of an online document created within the Platform, but if you would like to download the online document onto your own device, you need to remove such Images from the online document prior to such download.
Additional limitations or requirements may apply in connection with your limited right to use the Images (e.g., you may only use certain Image for limited times, you may only use a certain number of the Images, your use of the Images may be limited to certain documents available on the Platform). Such additional limitations and requirements will be displayed to you during your use of the Images or otherwise notified to you (e.g., by in- App notification) and shall be incorporated into these Image Terms.
The Images may be provided to you for free or for a fee. If you are required to make any payment for your access or use of the Images under these Image Terms, you will be subject to additional terms and conditions.
In any event, you must not and must not permit or allow any third party to:
• use the Images outside the Platform in any manner for any purpose;
• download the Images, or make the Images available on any shared drive, service, software, website or other platforms;
• sublicense, resell, lease, lend, assign, give away or otherwise transfer the Images or the limited right you have with respect to the Images under these Image Terms;
• enable or permit any third party to access, use, download, distribute, sell or otherwise use any Images;
• use any Image as a trademark, design, brand, trade name, company name, service mark or logo or a part of the foregoing, or register or attempt to register any of the foregoing in any jurisdiction;
• use any Image in any manner which infringes on or misappropriates any intellectual property right or other right of a third party (e.g., unfair competition, misleading or fraudulent advertising);
• use any Images in connection with any spam or other illegal, fraudulent or unsolicited communications;
• use any Image in a way which may be considered offensive, un-flattered, embarrassing or humiliating to the person or character depicted in the Image (e.g., use related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
• use any Image for advertisements of tobacco, alcohol, pharmaceutical, healthcare, herbal or medical products, adult entertainment, escort, dating or similar services or for other advertising purposes;
• display, post or use the Image in a way that would lead to the conclusion that the person or character depicted in the Image approves or endorses any political party, policy, candidate or elected official;
• use the Image for pornographic, hateful, defamatory, offensive, libellous, defamatory, unethical, illegal or immoral purposes or manner or for illegal gain;
• remove any copyright, trademark, patent or other proprietary notices, legends, symbols or labels appearing on or in the Images;
• display or use any Image in a manner that deceives or misleads or is likely to deceive or mislead anyone to believe that the Image is owned by you or any third party other than the right holder of such Image;
• use the Images in connection with any database for searching, browsing, downloading or purchasing content;
• access or use the Images by theft, by taking advantages of system vulnerability (e.g., by using spider, web crawler, robot software), through other unauthorised channel, media or manner, by taking advantage of system loopholes, defects or errors, or by abusing rules, terms and conditions in connection with the use of the Images or the Platform;
• reverse engineer, decompile, disassemble any Image or any source code therein, or circumvent or assist any third party with the circumvention of any security measures for the protection of the Images or the Platform;
• use the Images for any purpose or in any manner which may cause any loss or damage to the personnel or property reflected or embodied in the Images or us or our affiliates; and/or
• use the Images for any purpose or in any manner not expressly permitted under these Image Terms.
Any of your breach of this Section is a material breach, and we may immediately suspend or terminate your access to the Images and take other measures.
You acknowledge and agree that a breach of these Image Terms by you may result in irreparable damages to us, and that in the event of such breach, we have the right to seek injunctive or equitable relief, in addition to other remedies available to us.
Nothing hereunder shall grant, assign or transfer any copyright, intellectual property right or ownership in and to any Image to you. We and our licensor(s) reserve any and all right, title and interest in and to the Images.
THE IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
• THE AVAILABILITY OF ANY IMAGE;
• YOUR USE OF THE IMAGES WILL BE NON-INFRINGING;
• YOUR USE OF THE IMAGES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
• YOUR USE OF THE IMAGES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE; OR
• ANY INFORMATION OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE IMAGES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF THE IMAGES IN FULL OR IN PART FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITH OR WITHOUT NOTICE.
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR LICENSORS, PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AS WELL AS THEIR ASSIGNS AND SUCCESSORS (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING OUT OF OR IN CONNECTION WITH A BREACH BY YOU OF THESE IMAGE TERMS OR APPLICABLE LAWS.
We may terminate or suspend your access to the Images and/or your limited right to the Images hereunder, if you breach these Image Terms or violate applicable laws, or if we are legally required to do so, or we determine to cease offering the Images to all users.
If these Image Terms or your account with the Platform is terminated by you or us, your right to access or use the Images under these Image Terms will be terminated automatically.