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Andro-Art.com Privacy Policy
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

By using the site you consent to the collection, use and disclosure of your personal information in accordance with this policy.

Andro-Art.com is committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of personal information. The terms of this policy apply to all personal information collected by Andro-Art.com on the website Andro-Art.com and other country-specific Andro-Art.com websites which may be linked to Andro-Art.com. We have created this policy pursuant to the Personal Information Protection Act (Alberta) S.A. 2003, c.P-6.5, the Personal Information Protection and Electronic Documents Act (Canada) S.C. 2000, c.5 and the "Anti-Spam Act" (Canada) S.C. 2010, c.23. Your home jurisdiction may have privacy laws that are more or less protective than the province of Alberta, Canada.

This site is operated by Msapient d.o.o. LP ("Andro-Art.com"), and may be accessed in Canada and Worldviwide. For personal information protection purposes in the European Union, Andro-Art.com is the controller and, unless otherwise noted, is also the processor of the personal information.

Privacy Officer
We have designated a privacy officer at Andro-Art.com to be accountable for our policies and practices with respect to the management of personal information. You may forward any questions, comments or complaints that you might have about this privacy policy to:
Andromed Kocjančič
Msapient d.o.o.
Sp. Škofije 188
6281 Škofije - Slovenia
Or by email to: info@andro-art.com

Collection of Your Non-Personal and Personal Information

Andro-Art.com collects certain kinds of non-personal information, such as the website that referred you to us, browser type and language, and access times. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. Limited demographic information, such as the industry you work in, may also be collected and may be linked to your personal information.

We only collect personal information about you after you have provided us with your consent to collect that specific information.
Personal information includes:
information collected when you register or visit the site including your member name and password, your name, your mailing address, email address, IP address and phone number.
information collected when you make a purchase including your credit card number and billing address.
if you become a contributor, information collected when you sign-up as a contributor including (i) banking and other financial institution information required in order for us to compensate you; (ii) your social insurance number required in order for us to prepare tax information slips; and (iii) a copy of your photo identification (for example, your driver's license).
You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you.

Use of Your Personal Information

Andro-Art.com collects and uses your personal information to:
create and manage your membership account;
process your transactions;
provide customer service;
perform research and analysis aimed at improving our products, services and technologies, including sending you surveys;
to display content that is customized to your interests and preferences;
to run contests, select entrants, and choose prize winners;
to run Interactive Areas;
if you are contributor to Andro-Art.com, to compensate you and to prepare tax information slips;
if you are a contributor to Andro-Art.com, to identify your uploaded content as your content;
to communicate with you about your transactions, new products and services including transaction-related communications such as welcome letters, billing reminders, and purchase confirmations; and
we may also send you marketing emails to inform you of new products or services or other information or offers that may be of interest. These marketing emails may come from Andro-Art.com or our parent company, B211 d.o.o. or Izdravje d.o.o. or any of its divisions, affiliates or subsidiaries (the " B211 d.o.o. or Izdravje d.o.o. "). If you do not wish to receive marketing emails, you may adjust your "Personal Information Preferences" as described below.
Personal information collected by Andro-Art.com and its affiliates may be stored and processed in Slovenia or any other country in which Andro-Art.com or its parent, affiliates, subsidiaries or agents maintain facilities, and by providing us with your personal information and using our sites or services, you consent to any such transfer of information outside of your country. If you would like to know more about our privacy practices with the B211 d.o.o. or Izdravje d.o.o. or if you would like to exercise any of your personal information protection rights (including the right to have your personal information deleted), please contact our Privacy Officer.

Disclosing Your Personal Information

Except as set out in this privacy policy, Andro-Art.com does not disclose or sell your personal information to any third-parties.
We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in marketing, to conduct audits, etc. Those third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, (ii) must protect personal information to the same extent as iStockphoto, and (iii) shall be prohibited from using it for any other purpose.
We may disclose your personal information to the B211 d.o.o. or Izdravje d.o.o., provided that the B211 d.o.o. or Izdravje d.o.o.  uses your personal information for the same purposes and protects it to the same degree, as set out in this privacy policy. Personal information disclosed to the B211 d.o.o. or Izdravje d.o.o. may be available to the United States government or its agencies under a lawful order made in a court of competent jurisdiction in the US.
If you have entered into and/or won an Andro-Art.com contest, we or a contest sponsor may publish your name and city of residence.
Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We reserve the right to disclose your personal information if required or permitted to do so by law.

Consent of Your Personal Information

By submitting personal information to us, you acknowledge and agree that you have consented to the collection, use and disclosure practices set out in this Privacy Policy as they relate to your personal information.

Accessing Your Personal Information

If you would like to review or revise information that you previously provided to us, you may access and change your personal information in the "My Account" section of the site. You may also contact Customer Service info@andro-art.com for assistance.

Personal Information Preferences

Andro-Art.com respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing emails from us, please let us know by: (1) checking or unchecking the appropriate box on your online registration form when you sign up or in the "My Account" page of the website once you are a member; (2) contacting your Customer Service at +386 51 303 325 (international); (3) follow the "unsubscribe" instructions included within each email communication; or (4) by email at info@andro-art.com.

If you choose not to receive marketing emails, please be advised that you will continue to receive transactional or account communications and emails (e.g., confirmation emails and account balance statements).

Use of Cookies and Other Technologies

Andro-Art.com uses "cookies" to enable you to sign in to our services and to help personalize and improve your online experience. A cookie is a small text file that is placed on your hard drive or device. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

Cookies offer you many conveniences

They allow us to identify registered users when they return to the site so that they can retrieve previous image search results, access lightboxes, shopping carts, and view their previous invoices.
Cookies also save you time by eliminating the need to repeatedly enter the same information.
Cookies allow us to deliver personalized content to you, including search results and targeted advertising.
Cookies help to protect your security by checking your login details and may help prevent fraud.
Cookies remember your preferences when using the site.
Cookies also identify particular customers in the event such customer would like assistance from a live, online customer service representative.
We strive to make this site user-friendly and relevant. Our goal is to deliver more personalized products and services to you. For this purpose, Andro-Art.com also works with third party partners who use cookies on our site to:
Measure and analyze aggregate usage and volume statistical information from our users on our site. Information gathered may include, but is not limited to the following: activity of the user browser when the user is visiting the site, the site path of users, general information regarding the visitor's internet service provider and host, and the time users come to the site.
Remember our users' previous search of products and services, and dynamically display more relevant content to them.
Record users' behavior on our site, such as pages visited, emails clicked, forms completed and products and services purchased to create customized advertisements and communications that better meet your needs.
Evaluate user traffic and behavior on the site to compile activity reports for our internal use only.
Conduct research and diagnostics to improve our products and services.
Identify users arriving at the site via a referral from an affiliate website or sponsored link.
This privacy policy covers the collection of information and use of cookies by Andro-Art.com only, and does not cover the use of cookies or other technologies by third parties to collect information. If you would like to know more about this practice and your choices about not having this information used by third-parties, please visit www.networkadvertising.org or contact Customer Service at 1(866) 478-6251 or +1(403) 265-3062 (international).
In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our websites and in promotional e-mail messages or newsletters. Web beacons allow us to measure the actions of a user opening the page that contained the web beacon. We use web beacons to assist us in determining how many users have visited certain pages or opened messages or newsletters, improve user experience and manage site content. When you click on a link on a page with a web beacon, we may record your response to customize our offerings to you.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. Please be aware that the site is optimally designed to operate with cookies enabled in your internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies but you will be able to perform basic navigation through the site. Disabling cookies may negatively impact your experience of the site.

Security of Your Personal Information

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:
limiting access to your personal information to those of our employees who require it to provide services to you;
requiring employees to sign confidentiality agreements to protect customer and other confidential information;
ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of your personal information and not to use it for any unauthorized purposes;
personal information collected is retained as long as it is reasonably required for the purposes it was collected;
encrypting credit card information on our order forms using secure socket layer (SSL) technology; and
storing your personal information in secure computer systems which protect it from unauthorized access or use.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Forums & Other Interactive Services

Our sites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites ("4 YOU"). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. 4 YOU postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at info@andro-art.com. Keep in mind that removal of a posting from an 4 YOU does not mean that the posting will be deleted from our systems.

Referrals

If you choose to use our referral services to tell a friend about our products or services (including images in your Lightbox, promotional campaigns, new websites, job postings, etc.), we will ask you for your friend's name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site, review the product or service you have selected and if they choose to join us, to track our referral services. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email.
If you are the person who was referred (either by email or otherwise, including through our referral program by clicking on a link on a third party site or email) and you choose to join us, your Andro-Art.com member name and any information you choose to put on your profile page may be viewable to the person that referred you so that they may track their referral services.

Children

We do not intend to solicit or collect personal information from anyone under the age of 18 without parental consent. If you are under 18, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent. Please contact Customer Services at +386 51 303 325 or by email at INFO@ANDRO-ART.com, to obtain the necessary parental consent forms.

Links

We may link to websites, including those of our subsidiaries and third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement or in how Andro-Art.com will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.

Disclaimers

ANDRO-ART.COM PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER ANDRO-ART.COM NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL ANDRO-ART.COM`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE. 

Notification of copyright infringement

Andro-Art.com may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Andro-Art.com`s site, send Andro-Art.com a notice containing: (1) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (3) a description of where the material that you claim is infringing is located on the Andro-Art.com site; (4) information sufficient to permit Andro-Art.com to contact you, such as your physical address, telephone number, and email address; (5) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner`s behalf. 

Andro-Art.com has designated and registered with the Slovenian Office the following agent for receipt of notices of alleged copyright infringement appearing on the Andro-Art.com site:
Andromed Kocjančič

Msapient d.o.o., Spodnje Škofije 188, 6281 Škofije Slovenia, Email: info@msapient.com

© 2016 Msapient d.o.o.. All rights reserved. Privacy Policy.

 
 

Andro-Art.com Site Usage
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

By using the site you consent to the collection, use and disclosure of your personal information in accordance with this policy. 

Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the Andro-Art.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where Andro-Art.com  has provided you with a translation of the English language version of the page or site`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Andro-Art.com . If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence. 

Use of this site

This site is owned and operated by MSAPIENT d.o.o.. All Media, audio and video material and related informational materials in any medium provided by Andro-Art.com  hereunder, including related text, captions, or information (collectively referred to as Media) are owned by MSAPIENT d.o.o. and by our Media providers (Contributors), members of our community. All Media is protected by US and international copyright laws. 
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). Andro-Art.com  allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a Andro-Art.com  account and Andro-Art.com  has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. Andro-Art.com  reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Andro-Art.com. All rights not specifically granted under this Agreement are reserved to Andro-Art.com. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
Andro-Art.com may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. Andro-Art.com may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Andro-Art.com.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Andro-Art.com or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Andro-Art.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. 

© 2016 Msapient d.o.o.. All rights reserved. Site Usage.

 
 

Andro-Art.com Acknowledgements, Representations, and Warranties
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

Acknowledgements, Representations, and Warranties

By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

a. Andro-Art.com provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on Andro-Art.com servers at the direction of Andro-Art.com users.
c. Any modification of Media uploaded by Andro-Art.com users, such as the addition of a Andro-Art.com watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. Andro-Art.com is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by Andro-Art.com before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on Andro-Art.com`s servers.
e. Andro-Art.com has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.
f. Andro-Art.com correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, Andro-Art.com cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, Andro-Art.com does not derive a direct financial benefit from any particular Media. Andro-Art.com`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by Andro-Art.com`s users.
i. Andro-Art.com has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and Andro-Art.com has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, Andro-Art.com has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, Andro-Art.com relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
k. Where you are established within the European Union, you qualify as a taxable person for VAT purposes and you will provide Andro-Art.com with any documentary evidence to this effect upon request (VAT number). In the event that such documentary evidence is not provided, you accept that Andro-Art.com will add the applicable VAT of your EU country to the price of services.

Use of Watermarked Media - Using Media for comping

Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, Andro-Art.com grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Andro-Art.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.

© 2016 Msapient d.o.o.. All rights reserved. Acknowledgements, Representations, and Warranties.

 
 

Andro-Art.com Unauthorized Use

Last Updated: December 2016

Please read this policy and if you have any questions contact us.

Unauthorized Use

Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle Andro-Art.com to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of Andro-Art.com rights or remedies in connection with any unauthorized use.


© 2016 Msapient d.o.o.. All rights reserved. Unauthorized Use.

 
 

Andro-Art.com Sensitive Photos
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

Sensitive Photos

Any license granted by Andro-Art.com shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without Andro-Art.com`s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. 

You must contact Andro-Art.com for additional information prior to any use of an Media with any sensitive topic.

Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. Andro-Art.com will not be held responsible for any of the materials you upload to the site.


© 2016 Msapient d.o.o.. All rights reserved. Sensitive Photos.

 
 

Andro-Art.com Model and Property Releases
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

Model and Property Releases/Clearances

With respect to Media for which you have purchased a license through Andro-Art.com, the rights that Andro-Art.com grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Andro-Art.com makes no representations or warranties that it owns or licenses any rights nor does Andro-Art.com grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, Andro-Art.com makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Andro-Art.com. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
Andro-Art.com prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of Andro-Art.com`s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Andro-Art.com has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by Andro-Art.com of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user.

Andro-Art.com reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.
If you are qualified to submit e-signed releases to Andro-Art.com, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States` Electronic Signatures in Global and National Commerce Act ("E-Sign Act"); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Media portraying the same individual, which Media were captured on different calendar days; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If Andro-Art.com authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to Andro-Art.com for as long as the associated Media is available for download from Andro-Art.com and for a period of three (3) years following the Media`s removal from Andro-Art.com. You further agree to provide Andro-Art.com with additional copies of any e-signed release upon request.

If Media is designated as model-released, it means the contributing member posting such Media has represented to Andro-Art.com that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Andro-Art.com is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If Andro-Art.com incorrectly indicates that a Media is model-released when it is not, Andro-Art.com`s liability shall be limited to the amount you paid Andro-Art.com for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through Andro-Art.com is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Andro-Art.com with proof of such releases and permissions upon request.


© 2016 Msapient d.o.o.. All rights reserved. Model and Property Releases.

 
 

Andro-Art.com Trademarks
Last Updated: December 2016

Please read this policy and if you have any questions contact us.

Andro-Art.com Trademarks

The trademarks, services and logos used and displayed in Andro-Art.com.com are registered and unregistered trademarks of Andro-Art.com.com its subsidiaries and affiliates. Andro-Art.com.com trademarks may only be used publicly with the permission of Andro-Art.com, Inc. with proper acknowledgement. Except as expressly granted Andro-Art.com, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.


© 2016 Msapient d.o.o.. All rights reserved. Andro-Art.com Trademarks.


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Andro-Art.com Licenses
Last Updated: December 2016


Please read this policy and if you have any questions contact us.

This is a license agreement between you and Andro-Art.com that explains how you can use photos, illustrations, vectors and video clips that you license from Andro-Art.com By downloading content from Andro-Art.com, you accept the terms of this agreement.
What types of licenses does Andro-Art.com offer?
Andro-Art.com (3) three two types of licenses: Silver, Gold and Platinum. Every file downloaded from Andro-Art.com comes with a Silver license. An Gold and Platinum license gives you additional rights in exchange for an additional license fee. Unless you purchase an Gold and Platinum license, your use of content is subject to the Silver license terms.
You can license files from Andro-Art.com by buying directly from the site. Andro-Art.com can offers you the ability to earn credits/discounts.
You are welcome to use watermarked content from the Andro-Art.com 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 21 days following download.
How can I 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 Andro-Art.com are:
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, trade name, business name, service mark, or logo.
No Subscription Abuse. You may not stockpile, download or otherwise store content not used in a project or end use.
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: "Andro-Art.com 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.
No Products for Resale. Unless you purchase an Gold or Platinum license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
No Electronic Templates. Unless you purchase an Gold or Platinum license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
Non-exclusive, meaning that you do not have exclusive rights to use the content. Andro-Art.com can license the same content to other customers (with the exception of the Platinum license).
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 for exceptions.
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. You may only use the content with appropriate amount of users, as explained in Section 5 below.

1.    Are there any seat/user license restrictions? Yes. The Silver license or subscription is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use.
If you licensed the content with credits, this means that you may share content within your organization but the content may only be available to one person at any one time. Unless you purchase an Gold or Platinum license, you may not store the content on a server (giving more than one person simultaneous access to the content).
If you licensed the content with a subscription, this means that only one person (the same person) may access, license and use the content.
If you need more than a single user to access the content:
If you licensed the content with credits, you must purchase a multi-seat Gold or Platinum license.
If you licensed the content with a subscription, please contact Andro-Art.com to discuss TeamShare, our multi-user subscription. If you purchase a multi-user subscription, Andro-Art.com will provide you with the number of user accounts specified on your invoice.
User Accounts.
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 Andro-Art.com immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Andro-Art.com reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Andro-Art.com 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.
2.    Intellectual property rights.
Who owns the content?
All of the licensed content is owned by either Andro-Art.com or the artists who supply the content. All rights not expressly granted in this agreement are reserved by Andro-Art.com and the content suppliers.
In the case of purchase a Platinum License photo becomes your property. All rights restrictions are removed. Buy this license is only possible as long as the photo has not yet been sold to any other license (Silver or Gold) 3.    Termination/Cancellation/Withdrawal.
a.   Termination.
Except in the case of subscriptions, this agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Andro-Art.com 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 Andro-Art.com in writing that you have complied with these requirements.
b.   Subscription Termination. Unless renewed, subscription agreements terminate automatically at the end of the subscription period, with a 30 day grace period to use any content downloaded during the subscription term in a project or other end use. Content incorporated into projects or end uses prior to the expiration of the grace period may continue to be used in perpetuity in that project and in any other projects. Any content not included in a project at the end of the 30 day grace period is not considered licensed and must be deleted. Any content that is used within the 30 day grace period remains subject to the terms of this agreement. Andro-Art.com may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this agreement and/or abuse of the subscription account, in which case you must immediately: cease using the content; delete or destroy any copies; confirm to Andro-Art.com in writing that you have complied with these requirements; and pay Andro-Art.com any amounts which remain owing to the end of the term of your subscription as set on your invoice.
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.
c.   Refunds/Cancellation.
Credit Pack Refunds - Refunds for credit pack purchases can be made within 14 days of your invoice date, provided that you have not used any credits from the pack.
Subscription Refunds - Refunds for subscriptions can be made within 14 days of your invoice date, provided you have not downloaded more than 5 images and have not made use of any downloaded content.
File Download Refunds - Andro-Art.com does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Andro-Art.com.
All requests for refunds/cancellations must be made in writing. If the request is approved, Andro-Art.com will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
Content Withdrawal.
Andro-Art.com may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Andro-Art.com, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Andro-Art.com may be liable, Andro-Art.com 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. Andro-Art.com will provide you with replacement content (determined by Andro-Art.com in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
4.    Representations and Warranties. Andro-Art.com makes the following representations and warranties:
a.   Warranty of Non-Infringement. Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered by Andro-Art.com will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained.
b.   "Editorial Use Only" Warranty Disclaimer. For content identified as "editorial use only," Andro-Art.com warrants that the content will not infringe on any copyright or moral right of the artist, but it 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. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial use only," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release.
c.   Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Andro-Art.com does not warrant the accuracy of such information, or of any metadata provided with the content. d.   No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Andro-Art.com does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
5.    Indemnification/Limitation of Liability.
a.   Indemnification of Andro-Art.com by you. You agree to defend, indemnify and hold harmless Andro-Art.com and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
b.   Indemnification of you by Andro-Art.com. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 9(a) above, Andro-Art.com agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Andro-Art.com of its warranty in Section 9(a) above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Andro-Art.com, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
c.   Extended Legal Guarantee. Unless you purchase an Gold or Platinum license, Andro-Art.com's total maximum aggregate liability (meaning the total amount Andro-Art.com is responsible for, whether under this agreement or any other agreement for the same content) is limited to $3,000 US dollars per item of content. This limit applies regardless of the number of times you license the same piece of content from Andro-Art.com. Under an Gold license, this amount is increased to $7,000 US dollars per item of content. If you need a higher indemnification amount, please contact Andro-Art.com. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
d.    Limitation of Liability. ANDRO-ART.COM 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 ANDRO-ART.COM 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.
6.    General Provisions.
a.   Assignment. This agreement is personal to you and is not assignable by you without Andro-Art.com's prior written consent. Andro-Art.com 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 Andro-Art.com sample copies of projects or end uses that contain licensed content, including by providing Andro-Art.com 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, Andro-Art.com 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 Andro-Art.com of five percent (5%) or more of the amount you should have paid, then in addition to paying Andro-Art.com the amount of the underpayment, you also agree to reimburse Andro-Art.com for the costs of conducting the audit. Where Andro-Art.com reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at Andro-Art.com's request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by Andro-Art.com.
c.   Electronic storage. You agree to retain the copyright symbol, the name of Andro-Art.com, 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.   Governing Law/Arbitration. This agreement will be governed by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of the American Arbitration Association ("AAA") or of the International Centre for Dispute Resolution ("ICDR") in effect on the date of the commencement of arbitration (the applicable rules to be at your discretion) to be held in one of the following jurisdictions (whichever is closest to you): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. Andro-Art.com shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Andro-Art.com, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
e.   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.
f.    Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
g.   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 Andro-Art.com 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.
h.   Notice. All notices required to be sent to Andro-Art.com under this agreement should be sent via email to info@Andro-Art.com. All notices to you will be sent via email to the email set out in your account.
i.     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, or of your use of the licensed content.
j.   Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Andro-Art.com may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
k.  Fees and Renewal. If your subscription is set to AUTOMATICALLY RENEW, you authorize Andro-Art.com to charge the applicable subscription fees at the then applicable rate and taxes for the subscription to your credit card on file at the expiration of the term. You may change your auto-renewal preferences in your Andro-Art.com account. Your subscription may only be cancelled as set out in Section 8(b). Andro-Art.com may deactivate your subscription without prior notice if Andro-Art.com is unable to process payment through the credit card provided by 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.
© 2016 Msapient d.o.o.. All rights reserved. Privacy Policy.

 
 
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