Terms ScienceFaction | Science & technology images

Welcome to the websites of Science Faction Images and/or Jewel Box Images (the "Websites"), which are subsidiaries of Visions of Tomorrow, Inc. (collectively “VOT”). VOT is a corporation formed under the laws of the State of Washington, USA. These terms and conditions of use (the "Terms") constitute a legal agreement between VOT and you, the website user (“Web User”). The Web User’s use of the Websites constitutes the Web User’s acceptance of these Terms. If the Web User does not agree with these Terms, then the Web User is not authorized to use VOT’s Websites.

The Websites are owned by VOT and are operated by Cruz IT Limited, a corporation formed and based in the UK. All of the content featured or displayed on the Websites including but not limited to photographs, images, moving images, illustrations, text, graphics, sounds and software ("Content") is owned by VOT and/or VOT’s photographers, licensors or third-party image contributors.

All elements of the Websites including but not limited to their general design and Content are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with VOT, no portion or element of these Websites or their Content may be copied or retransmitted via any means, and all related rights shall remain the exclusive property of VOT and/or its photographers, licensors or third-party image contributors. The Web User indemnifies VOT and its subsidiaries, affiliates, licensors and/or third-party image contributors against any losses, expenses, costs or damages incurred by any or all of them as a result of Web User’s breach of these Terms or Web User’s unauthorized use of the Content or Websites.

These Websites and their Content are intended for paying customers of VOT. Web Users may not use the Websites or their Content for any purpose not related to the Web User’s business with VOT. Any use of the Content, the Websites or any of the Websites’ functionality for a purpose not permitted by these Terms is grounds for the immediate termination and revocation of any Website user names, pass codes or other permissions that may have been granted by VOT..

Science Faction Images and Jewel Box Images are the trademarks of VOT. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Websites are Trademarks of their respective owners. Nothing contained on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Websites without the written permission of its respective owner. The Web User’s use of the Trademarks displayed on the Websites except as provided in these Terms is strictly prohibited.

THESE WEBSITES AND THEIR CONTENT IS PROVIDED "AS IS". VOT AND ITS DIRECTORS, EMPLOYEES, CONTRACTORS, IMAGE CONTRIBUTORS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. VOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES OR THE UNAVAILABILITY OF THE WEBSITES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THE WEBSITES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE WEB USER, NOT VOT, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO THE WEBSITES DUE TO WEB USER’s USE.

While VOT uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, VOT makes no representations or warranties as to the Content's accuracy, correctness or reliability. Images of people or places displayed on the Websites are either the property of, or used with permission by VOT or other third parties. The use of these images by the Web User or anyone else authorized by the Web User is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Websites or by a separate license or agreement issued by VOT. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes.

While there may be links to other websites from the Sites; these other websites are not controlled by VOT and VOT is not responsible for any content contained on any such non-VOT website or any loss or damage suffered by the Web User in relation to Web User’s use of such non-VOT websites. The Web User waives any and all claims against VOT regarding the inclusion of links to non-VOT websites or Web User’s use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to the Web User to the extent they are prohibited or superseded by state or national provisions.

By visiting the Websites, Web User agrees that the laws of the State of Washington, USA will govern these Terms and any dispute of any sort that might arise between the Web User and VOT, without regard to principles of conflict of laws.

Any dispute relating in any way to the Web User’s visit to the Websites or to images Web User licenses through the Websites shall be submitted to confidential arbitration in Seattle, Washington, USA except that, to the extent Web User has in any manner violated or threatened to violate VOT’s intellectual property rights, VOT may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and Web User consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

No action of VOT, other than an express written waiver or amendment may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. VOT reserves the right to change these Terms, the Content displayed on the Sites, any license or product prices contained on the Websites and any information or license terms without prior notice. These Terms set out the entire agreement between VOT and the Web User relating to Web User’s use of the Sites.

This is a legal agreement (the “Agreement”) between you (“Licensee”) and Science Faction Images and/or Jewel Box Images, which are subsidiaries of Visions of Tomorrow, Inc. (collectively “VOT”). This agreement applies to licenses issued via the web and via local sales representatives, and is applicable to online, digital and analog (physical) delivery of Licensed Material.

"Invoice" means the computer-generated or pre-printed invoice provided by VOT or an authorized distributor that may include, without limitation, the permitted scope of use of the selected Licensed Material, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.

"Licensed Material" means any and all still image(s), film or video footage, visual representation(s) generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by VOT under the terms of this Agreement.

"Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, and the distortion or manipulation of the whole or any part of, and the creation of any derivative work from the Licensed Material.

Grant of Rights & Restrictions.

Unless stated otherwise in the Invoice, VOT grants to Licensee and its subcontractors a non-exclusive, non-sub-licensable and non-assignable right to reproduce the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement.

Use of the Licensed Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in the Invoice, and in any production process that may be necessary for the intended use specified in the Invoice.

Upon reasonable notice, VOT may inspect any records, accounts and books relating to the Reproduction of any of the Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.

If any Licensed Material featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.

Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited whether directly or in context or juxtaposition with specific subject matter. While efforts have been made to correctly caption the subject matter of the Licensed Material, VOT does not warrant that such information is accurate.

Licensed Material shall not be incorporated into a logo, trademark or service mark.

Licensed Material shall not be used contrary to any restriction on use that is notified to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included in the information provided with the Licensed Material by VOT on its websites or in any other communication by VOT. Any such restriction provided to the Licensee shall be incorporated in this Agreement.

Licensee may not make the Licensed Material available in any medium in a manner intended to allow or invite persons to download or extract the Licensed Material.

Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Licensed Material on mobile devices, without obtaining the prior written consent of VOT.

Unless otherwise authorized by applicable law or specified in the Rights and Restrictions, Licensee may not, directly or indirectly, Reproduce the final product of the licensed use in any secondary Reproductions, such as compilations or screen shots. Such Reproductions require an additional license from VOT and may be subject to payment of additional license fees.

Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 2.11 shall serve to excuse Purchaser's obligation to make payment to VOT for the Licensed Material.

Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, VOT grants Licensee no right or license, express or implied, to the Licensed Material.

Releases. VOT will notify Licensee if it has obtained a model release and/or a property release for Licensed Material, either in the release status information accompanying the Licensed Material on VOT's websites, in the Invoice or by other means. If no such notification is given, then no such model or property release has been obtained. Except where Licensee is specifically notified, VOT grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material. Where Licensed Material is unreleased, Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of such Licensed Material. Licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. VOT makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Material pursuant to the requirements of any applicable trade union and Licensee shall be solely responsible for any such additional fees or payments to such trade union.

Warranty and Limitation of Liability. VOT warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) the Licensed Material will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and (iii) subject to Section 4 above (Releases), Licensee's use of the Licensed Material in its original form, and when used in accordance with this Agreement and the Invoice, 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. VOT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VOT SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE LICENSED MATERIAL OR OTHERWISE, EVEN IF VOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. THE REPRESENTATIONS AND WARRANTIES MADE BY VOT IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIAL AS DELIVERED BY VOT AND WILL BE INVALID IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

Indemnification. Where model or property releases for Licensed Material have not been obtained by VOT, or if Licensee's use of the Licensed Material is not authorized by this Agreement, Licensee shall defend, indemnify and hold VOT and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding relating to the use of such Licensed Material by Licensee, to the extent that such claim relates to the absence of a release or the Licensee's unauthorized use of the Licensed Material.

Electronic Storage. For all Licensed Material that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of the image’s creator(s) and the name of the VOT distributor (i.e. Science Faction or Jewel Box), the image number or other identification number associated with the Licensed Material as may be included as part of the electronic file. With the exception of one (1) high-resolution backup copy for security reasons only, Licensee may not make additional high-resolution copies of the Licensed Material and Licensee will maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.

License Cancellation Fee. If Licensee requests in writing to cancel this Agreement within thirty (30) days of the date of receipt by Licensee of the Licensed Material, and such Licensed Material has not been used by Licensee, VOT may cancel this Agreement and issue a credit to Licensee's account or credit card equal to one hundred percent (100%) of the license fee minus a composite/layout fee that will be charged at VOT’s then standard rate and minus any research, lab and service fees which are non-refundable.

Interest or Cancellation on Overdue Invoices. If Licensee fails to pay VOT’s invoice in full within the time specified in the invoice, VOT may add a service charge of one-and-one-half percent (1.5 %) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received. VOT also reserves the right, in its sole discretion, to revoke the license if payment is not made in full on time.

Credit Lines for Editorial Use. If any Licensed Material is Reproduced in an editorial manner, the credit line, “(Photographer's name) / Science Faction” or “(Photographer’s name) / Jewel Box” must appear adjacent to the Licensed Material, or in the form of any other credit line accompanying the Licensed Material on the Science Faction, Jewel Box or VOT websites or as otherwise notified by VOT. If any Licensed Material Reproduced by Licensee for editorial purposes omits the requisite credit line, an additional fee equal to one hundred percent (100%) of the original amount invoiced shall be payable by Licensee at VOT’s discretion. The foregoing fee shall be in addition to any other rights or remedies that VOT may have at law or in equity. Some VOT Licensed Material may be in the public domain, and therefore it may be possible for another library to license Licensed Material represented by VOT for a conflicting use. VOT shall have no liability for any such situation.

Miscellaneous Terms.

Unauthorized Use. Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling VOT to exercise all rights & remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition & without prejudice to VOT’s other remedies under this Agreement, VOT reserves the right to charge & Licensee agrees to pay a fee equal to ten (10) times VOT’s normal license fee for the Licensed Material.

Governing Law. This Agreement will be governed in all respects by the laws of the State of Washington, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Seattle, Washington pursuant to the rules of the American Arbitration Association. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, VOT shall 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 Licensee in the event that, in the opinion of VOT, such action is necessary or desirable. Copyright claims shall be brought in the Federal court having jurisdiction. If VOT is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by Recipient or user herein.

Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Waiver. No action of VOT, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of VOT in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by VOT of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement. This Agreement, including the Invoice, contains all the terms of the license agreement & no terms or conditions may be added or deleted unless made in writing & signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein & the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.