Purchase Agreement

LAST UPDATED: June 2017

This is a license agreement between you and 99CentPix that describes how you can use photos, illustrations and vectors that you license from 99CentPix. By downloading content from 99CentPix, you accept the terms of this agreement.

What type of license does 99CentPix offer?
99CentPix offers a standard license. Every file downloaded from 99CentPix comes with a standard license. 
You can license files from 99CentPix with only $0.99 cents.

You can use watermarked content from the 99CentPix site on a complimentary basis for test or sample (comp) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.

How to use licensed content?
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by 99CentPix are:

Non-exclusive, meaning that you do not have exclusive rights to use the content. 99CentPix can license the same content to other customers.

Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses.
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.

No Commercial Use of "Editorial Use Only" Content. You may not use content marked "editorial use only" for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).

No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model." No disclaimer is required for "editorial use only" content that is used in an editorial manner.

No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.

Limited print run. You cannot reproduce the content more than 600,000 times in physical print form. 

Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.

Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

Please note that seat/user restrictions apply. 

Seat/user license restrictions?
The standard license or subscription is for a single user. 

If you licensed the content, this means that you may share content within your organization but the content may only be available to one person at any one time. You may not store the content on a server (giving more than one person simultaneous access to the content).

User Accounts Responsibilities.
You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify 99CentPix immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. 99centPix reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If 99CentPix determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

Property rights.
Who owns the content?
All of the licensed content is owned by either 99CentPix or the artists who supply the content. All rights not expressly granted in this agreement are reserved by 99CentPix and the content suppliers.

Attribution.
Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: "99CentPix.com"

Termination/Cancellation/Withdrawal.
Termination.
Except in the case of subscriptions, this agreement is effective until either party terminates it. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. 99CentPix may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to 99CentPix in writing that you have complied with these requirements.

Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.

Refunds/Cancellation.
File Download Refunds - 99CentPix does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of 99CentPix. All requests for a refund download must be made in writing. 

Content Withdrawal.
99CentPix may discontinue licensing any item of content at any time in its sole discretion. Upon notice from 99centPix, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which 99CentPix may be liable, 99CentPix may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. 99CentPix will provide you with replacement content (determined by 99CentPix in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

Indemnification/Limitation of Liability.
Limitation of Liability. 99CentPix WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF 99CentPix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

General Provisions.
a. Assignment. This agreement is personal to you and is not assignable by you without 99CentPix prior written consent. 99CentPix may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

b. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to 99CentPix sample copies of projects or end uses that contain licensed content, including by providing 99CentPix with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, 99CentPix may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to 99CentPix of five percent (5%) or more of the amount you should have paid, then in addition to paying 99CentPix the amount of the underpayment, you also agree to reimburse 99CentPix for the costs of conducting the audit. Where 99CentPix reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at 99CentPix’s request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by 99CentPix.

c. Electronic storage. You agree to retain the copyright symbol, the name of 99CentPix, the content's identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.

d. Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

e. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

f.Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by 99CentPix and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.

g. Notice. All notices are required to be sent to 99CentPix under this agreement should be sent via email to [email protected] All notices to you will be sent via email to the email set out in your account.

h. Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you.

i. Licensing Entity. The licensing entity under this agreement is determined based on your billing address and shall be as set out on your invoice.