Help : End User License Agreement

Eyecandy Pro Images

Rights Managed Images

Notice: If you are contacting us from a territory or country other than the USA or Canada, please call Veer at +1 403 234 7900 for assistance.

IMPORTANT: READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT WITH CORBIS CORPORATION FOR THE USE OF VEER CONTENT, (HEREINAFTER REFERRED TO AS “VEER”) A NEVADA CORPORATION. THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND VEER. BY CLICKING THE “I ACCEPT” BUTTON, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, do not click on the “I Accept” button. This Agreement is between you and Veer and is effective on the date that you click “I Accept” button.

If you are entering into this Agreement in your capacity as an employee of an organization, you are entering into the license hereunder on behalf of your employer and the terms and conditions herein apply to both your employer and yourself as a representative of your employer, who shall herein be collectively referred to as “You”. If you cease to be employed by your employer for any reason, this Agreement will continue with your employer and you must enter into another Agreement with Veer in order to continue to use the Image(s) (as that term is defined herein).

  1. Terms and Conditions for using Images from Veer Inc. (“Veer”) and veer.com
    1. Ownership. “Images” on this website are owned by Veer or are licensed by Veer from its licensors or content providers. Each of the Images is protected by intellectual property laws such as copyright and trademark, and therefore may not be copied, duplicated, or transmitted by any means except by express written agreement with Veer. All rights not specifically granted herein are retained by Veer. This Agreement is a license not a sale.
    2. Disclaimer Of Warranty. Veer warrants, if applicable, the digital file, that Veer provides to you, to be free from defects in material and workmanship for ninety (90) days from the date of purchase. The exclusive remedy for a breach of the foregoing warranty is the replacement of the digital file. OTHERWISE, ALL IMAGES AND DIGITAL FILES PROVIDED TO YOU BY VEER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. VEER MAKES NO REPRESENTATIONS WITH RESPECT TO ANY IMAGE OR DIGITAL FILE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE IMAGES OR DIGITAL FILE, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING NON-INFRINGEMENT OR OTHER NON-VIOLATION OF RIGHTS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. VEER MAKES NO REPRESENTATIONS WITH RESPECT TO ANY IMAGE AND MAKES NO WARRANTIES WITH REGARD TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, REGISTERED, UNREGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND VEER GIVES NO WARRANTY AS TO THE ACCURACY OR AUTHENTICITY OF THE IMAGES OR ANY DESCRIPTION OF THEM OR THE IDENTIFICATION OF PERSONS, OBJECTS OR SCENES APPEARING IN THEM AND SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOREGOING AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS OR CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR REPRODUCTION, HAVE BEEN OBTAINED. Some jurisdictions do not permit the exclusion of implied warranties, and so the foregoing may not apply to you.
    3. Limitation Of Liability. IN NO EVENT SHALL VEER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY BREACH OF IT’S OBLIGATIONS OR WARRANTIES, EXPRESS OR IMPLIED RESULTING FROM THIS AGREEMENT (INCLUDING LOSS OF PROFITS OR BUSINESS, LOST OPPORTUNITY OR LOSS OF BUSINESS REPUTATION), EVEN IF VEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VEER’S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR ANY DAMAGES OR LOSS YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER, WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE IMAGE OR THE DIGITAL FILE. YOU ACKNOWLEDGE THAT THE PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.
    4. Indemnity. You agree to indemnify Veer and its licensors and contributors and its resellers, for any losses, costs, expenses, judgments, claims or damages of any kind arising out of your breach of this Agreement or your unauthorized use of any of the Images (including reasonable legal fees), including from:
      1. the use of any Image in breach of this Agreement or the parameters set out in the applicable Invoice (as that term is defined herein);
      2. the use of any Image otherwise than in accordance with the rights granted to you herein or in the particular Invoice;
      3. the use of any Image in such a manner that violates or infringes any right of another person, including the use of an Image without appropriate model releases, consents or waivers of moral rights, as may be required or desirable or necessary for such use; and
      4. the unauthorized use by any third party to which you may have supplied any Image provided by Veer.
  2. Licensing Terms
    1. Grant. Subject to the terms and conditions of this Agreement, Veer grants to You (and your employer if applicable) a non-exclusive (unless otherwise stated) non-sublicensable right to reproduce the selected Image(s) strictly in accordance with the rights and restrictions set forth in your Invoice including but not limited to usage, media, time limits, print run, size, placement, industry, and geographic region(s). For the purposes of this Agreement, “Invoice” shall mean any and all documents provided to You that sets out the amount(s) payable by You in respect of the license of an Image hereunder or that sets out the rights and restrictions in respect of the use of the Image by You, including but not limited to usage, media, time limits, print run, size, placement, industry, and geographic region(s).
    2. Electronic Storage of Images. Electronic storage of any Image is limited to a single copy on a single computer. You are not authorized to store an Image hereunder in a disc library, jukebox, network or other storage facility.
    3. Fees and Payment. Your fee for the rights granted herein is set out in your Invoice in respect of the particular Image. No use or reproduction of an Image is permitted prior to full payment of the Invoice amount. Any prior use or reproduction of an Image shall constitute a breach of this Agreement. Your fees in respect of an Image shall be paid as set out in the Invoice for the Image. Your fee for the rights granted herein is based on the rights and restrictions set forth in this Agreement and in your Invoice in respect of the particular Image, and any enlargement of those rights shall require you to pay an additional usage fee for such increased rights prior to any enlargement of those rights.
    4. Late Payment Charge. If You fail to pay any amount set out in an invoice in full within thirty (30) days of the amount becoming payable as set out in the Invoice, a service charge of one and one half percent (1.5%) per month (eighteen percent (18%) per year), or the maximum amount allowable by applicable law, shall be charged to You on such unpaid amount. Veer reserves the right, in its sole and absolute discretion, to terminate the license granted herein if payment is not made in full by You within thirty (30) days of the amount becoming payable as set out in the Invoice.
    5. Cancellation. Cancellation in respect of the license in respect of an Image is permitted if a request is provided by you in writing as follows:
      • Within 14 days a credit will be issued of up to (50%) percent of the invoiced amount.
      • Greater than 14 days - no credit will be issued.
    6. Comping. If Veer provides an Image to You for comping purposes, then:
      1. subject to the terms and conditions of this Agreement, Veer hereby grants to You (and your employer if applicable) a non-exclusive, non-sublicensable right to use the Image(s) on your personal computer for a period of thirty (30) days of the date that the Image(s) is provided to You and the grant of rights set out in Section 5 hereof shall not apply;
      2. You agree to restrict comping of any files to materials solely within your organization as test or sample use or for demonstration for a client. No other use, and specifically no other use outside of your organization in print, digital or any format whatsoever is permitted; and
      3. At Veer’s or the company’s authorized distributor’s discretion, you shall pay, prior to being provided any Image, an up-front comping fee of $100 per high resolution, non-watermarked comping Image. If, at any time within the thirty (30) day comping license period, You agree in writing to license an Image in accordance with the terms and conditions set out in Section 5 hereof (a full license), the amount of your comping fee will be deducted from your license fee for the full license.
    7. Obligations with Use. You shall:
      1. retain the copyright notice of Veer and its licensors or content providers and Veer’s Image identification code as displayed on the Image and as included as part of the electronic file;
      2. use each Image in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright and moral rights;
      3. immediately provide to Veer the full particulars of any claim or threatened claim by a third party in respect of all or any part of an Image; or
      4. provide a credit next to any Image used in an editorial manner as follows: (c) photographer’s name / Veer. In the event that you decide not to provide such a credit for any Image used in an editorial manner or if you otherwise fail to provide such a credit for any reason for any Image used in an editorial manner, you agree to promptly pay an additional fee equal to 25% of the original Invoice amount for the particular Image.
    8. Restrictions on Use. You shall not:
      1. make any use of an Image in whole or in part that is not expressly provided for in this Agreement or in your Invoice in respect of the Image; or
      2. use any Image, in whole or in part, for or in association with any pornographic purposes, or in any manner which is or could be considered to be libelous or defamatory, or that in any way is or could be potentially unflattering or controversial for the model in the Image, (without specific, written permission from Veer), including but not limited to, “Sensitive Issue” subjects such as contraception, sexual or implied sexual activity, sexual preferences, dating services, chat lines, substance abuse, physical or mental abuse, violence, poverty, homelessness, dysfunctional family matters, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailment or disability or serious physical or mental disease or any diagnostic test for same.

        Use of an Image in any unauthorized manner may constitute an infringement of the rights of Veer, its licensors or content providers or third parties, and may subject you to damages for infringement or unauthorized use.

        Note: If you have any questions regarding application of the above limitations or restrictions, or you wish to request Sensitive Issues clearance from Veer, please do not hesitate to e-mail us immediately at: or call 877 297 7900 (US and Canada) or (International +1 403 234 7900).
      3. Model, Property and Other Releases and Consents. You can contact Veer or your distributor directly to obtain a copy of a model release and/or Property release where required. You acknowledge that Veer gives no representation warranty, guarantee or undertaking that any rights, releases or consents which are required, desirable or necessary for reproduction are or will be obtained whether in relation to the use of names, people, intellectual property rights or any underlying works of whatever nature depicted in any Image, or that any waivers of any moral rights have been obtained. You must satisfy yourself that all necessary rights, model releases or consents and waivers as may be required or desirable or necessary for reproduction are obtained. Delivery of an existing release (upon request) by Veer to you does not warrant validity of such release.
  3. General Terms and Conditions
    1. Assignment. Veer may assign this Agreement without your approval. You shall not assign this Agreement in whole or in part without Veer’s approval, although you may assign the license hereunder to your customer or client if and as specified in your Invoice.
    2. Digital File Condition. You are responsible for examining any digital file of the Image(s) before effecting reproduction. Accordingly, Veer and its licensors or content providers are not responsible for any damage resulting from any defect or alleged defect in any digital file or its caption or in any way from its reproduction.
    3. Access to Information. You agree to supply to Veer, upon request, complete and accurate information and copies of all records and accounts pertaining to the reproduction of Image(s) licensed by Veer to you to ensure compliance with the terms of the Invoice provided by Veer to you.
    4. Governing Law. This agreement shall be interpreted and governed by the laws of the Province of Alberta, without regard to the conflicts of law rules applicable therein. All disputes arising hereunder shall be adjudicated in the courts of the Province of Alberta and other courts of the Province of Alberta having jurisdiction thereof or the Federal Courts of the judicial district in the Province of Alberta (as applicable). Veer and its licensors and contributors shall have the right to commence an action in any other court of competent jurisdiction in the event such action is necessary in the opinion of Veer or its licensors or contributors.
    5. Amendment and Waiver. This Agreement may only be amended by written agreement. No waiver or consent by Veer of or to any breach or default of this Agreement by you will be effective unless evidenced in writing. No waiver or consent effectively given as aforesaid will operate as a waiver or consent of or to any other right or other or further breach or default in relation to the same or any other provision of this Agreement.
    6. Survival. Such provisions of this Agreement that, by their nature, would be expected to survive termination of this Agreement shall survive any such termination.
    7. Breach. In the event of any breach of this agreement by You, You agree to be responsible for the reasonable legal fees of Veer and its licensors and contributors in the event that Veer or its licensors or contributors are required to enforce their rights by commencing an action under these provisions.
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