You must accept the following agreement before using this website.
This agreement applies to you, and if you are using this web site on your employer's behalf, to you and your employer. Up Front reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or use any of its services.
Permitted Use of this Site
This site is owned and operated by the Up Front. All images and related informational materials in any medium furnished by Up Front hereunder, including related text, captions, or information (collectively referred to as "content") are owned by Up Front or our content providers. All content is protected by US and international copyright laws.
Up Front allows you to search for, view, and use content only as permitted below. If you have registered for a Up Front account and Up Front has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. You may not remove any copyright or other proprietary notices contained in the Images, caption information, or any other material on this site. Up Front reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Up Front. All rights not specifically granted under this Agreement are reserved to Up Front. Additionally, you may not employ software to "crawl" or search our web site and/or retrieve Images or related information.
Up Front may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with Up Front' Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or at Up Front' request return all such copies to Up Front. Your use of this site and any Images shall comply with all applicable law. Up Front may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Up Front.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images 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 Image 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 Up Front. 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 counsel.
As a convenience, our site may link to other sites that may be of interest to you but are not under Up Front' control. These links do not imply endorsement by Up Front and we are not responsible for the availability of or the content contained in any linked site. The Up Front site may contain or use technology that provides Up Front and its affiliates with information regarding your use of this site, or which permits Up Front to audit your compliance with this Agreement via the use of software designed to track and identify Images. Please consult Up Front Privacy Policy for specific information on Up Front policies for use of your personal information.
Listed Restrictions
Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use.Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Up Front prior to download or use of any Image.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Up Front 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 Images. The foregoing is not a limiting statement of Up Front' rights or remedies in connection with any unauthorized use
Sensitive Subjects
Any license granted by Up Front shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any content in combination with any other material, and you agree not to use content with sensitive topics without Up Front' separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of content in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain content may be available for use with sensitive subjects for an additional fee. You must contact Up Front for additional information prior to any use of an Image with any sensitive topic.
Up Front Trademarks
You may not use the trademarks or service marks of Up Front without Up Front' prior written consent. Up Front and the Up Front logo are registered trademarks of the Up Front.
Indemnification
You agree to indemnify, defend, and hold harmless Up Front against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any content either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of content, or (4) any claim by a third party related to the use of content, alone or in combination with any other material.
Disclaimers
Up Front PROVIDES YOU WITH ITS SITE AND CONTENT ON AN "AS IS" BASIS. Up Front MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY CONTENT, ITS 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 Up Front NOR ANY Up Front AFFILIATE 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 CONTENT, 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 Up Front' OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT CONTENT, OR (2) $500.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Up Front 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 Up Front' site, send Up Front' a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) 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; (iii) a description of where the material that you claim is infringing is located on the Up Front site; (iv) information sufficient to permit Up Front to contact you, such as your physical address, telephone number, and email address; (v) 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 (vii) 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.
Choice of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the laws of the State of Georgia and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia USA. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s'y rattache soient rediges en langue anglaise). In any dispute between Up Front and you, Up Front shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.
No Waiver / Severability
No action of Up Front, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Up Front, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by Up Front. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Up Front' prior written consent.
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