jcMotion eShop

Photo License Agreement




Please read the following terms and conditions. Your acceptance of these terms is an absolute condition of any product or service of jcMotion/ jcMotion of School of Journalism and Communication, The Chinese University of Hong Kong. 


The jcMotion/ jcMotion of School of Journalism and Communication, CUHK End User License Agreement (EULA or the "Agreement") 


This Agreement is between jcMotion, conducting transactions through and as jcMotion.com.cuhk.edu.hk and the user ("You") who downloads Content (as defined below) from any of the websites (the "Sites") or otherwise contributes towards the Content of jcMotion on the terms of use as an image Contributor (as referred to or defined elsewhere on jcMotion or the Sites). For the purpose of this Agreement, "Content" is defined as any video footage, image or photo owned by jcMotion or its authorized contributors and have been made available for download on these websites.

You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from jcMotion, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.

jcMotion represents to the best of its knowledge that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement; provided, however, that such representation will be deemed inapplicable with regards to Content which proves to be subject to the ownership or rights of any third party (other than jcMotion) without the reasonable knowledge or fault of jcMotion. The copyright and all other rights of the Content shall remain with jcMotion and its respective suppliers. 


Terms and Conditions of Use

You agree to access, acquire, and use the Content under the following Terms and Conditions: 


  1. These Terms and Conditions constitute a legal Agreement between You and jcMotion. 
  2. jcMotion grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement. 
  3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via jcMotion, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party: 
    (a) as a part of commercial or advertisement purposes in magazines and newspapers.
    (b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
    (c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts and packaging of promotional materials.
    (d) in connection with your business or entity, eg: corporate identity documents, and letterhead.
    (e) as decor in an office, lobby, or public area, restaurant, or retail store.
    (f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of jcMotion, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from jcMotion."
    (g) as design elements in video, film, or television broadcasts; and / or
    (h) If the Content is to be used in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs, jcMotion grants You a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content up to 250,000 copies in aggregate (for quantities above this amount, you must purchase the Extended License version for the Content) according to the Terms and Conditions set forth in Section 3 hereof.
  4. You may NOT:
    (a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
    (b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from aproduct or Web page;
    (c) share Content across a network or service, on a CD or DVD or any media, or in any other way that enables Content to be accessed by any third party (subject to the provisions in this Agreement), downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
    (d) under any circumstances, use automated or programmatic means or methods to download Content; 
    (e) use Content in any logo or part of any trademark;
    (f) under any circumstances, use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/othersimilar aspect of contexts or subjects; and / or
    (g) use Content as a part of a physical item, software or template that is to be resold. For this, the appropriate Extended License must be purchased.
  5. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. 
  6. You understand and agree that jcMotion may, in its sole discretion, 
    (a) Monitor anything you download from or upload to the jcMotion website, as frequently as jcMotion in its sole discretion determines, for any violation of this Agreement,
    (b) If it finds what jcMotion believes to be any violation of this Agreement, you lose all rights to jcMotion Content and must immediately delete all Content acquired from jcMotion, andforfeit all fees paid.
  7. jcMotion, its employees, directors, and officers, and anyone else associated with jcMotion disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of jcMotion will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. jcMotion, its employees and officers, and anyone else acting on behalf of jcMotion also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. jcMotion, its employees, directors, and officers, and anyone acting on behalf of jcMotion make no representation orwarranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. 
    (a) You understand and acknowledge that neither jcMotion, its employees, directors, and officers, nor anyone acting on behalf of the jcMotion website or sites has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
    (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
  8. In no event will jcMotion, its employees, directors, and officers, or anyone else associated with jcMotion be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if jcMotion has been advised of the possibility of such damages. In no event will the liability of jcMotion, its employees, or related parties exceed the amount paid by you for accessing or using jcMotion and for accessing, acquiring, and/or using Content from jcMotion. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 
  9. You represent and warrant that:
    (a) you are at least 18 years of age and have the right to enter into this Agreement;
    (b) you will not use the Content in any way that is not permitted by this Agreement; 
    (c) your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
    (d) the information you provide to jcMotion Sites is accurate and true, including, without limitation, all credit card information.  
  10. INDEMNITY. You agree to fully defend and indemnify jcMotion, its employees, directors, and officers, and anyone else associated with jcMotion, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach or of any falsity, inaccuracy or misrepresentation of any representation, warranty, or other promise made by You in this Agreement. 
  11. This Agreement constitutes the entire agreement between You and jcMotion regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will beconstrued to most closely give effect to the parties' intentions. Failure by jcMotion to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws. 
  12. This Agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence. 
  13. Any person or entity who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms. 

You have agreed and reaffirm your agreement to conduct this transaction electronically.