Terms and Conditions for use of this Website

Welcome to myLoupe.com offering the quality stock images to design professionals. MyLoupe.com offers Content from numerous Contributors and may also permit individual Contributors to link to myLoupe's databases and order processing to offer their images directly to their clients from their own satellite website.

These terms and conditions of use constitute a legal agreement between you and myLoupe inc. ("MYLOUPE" "we" or "our") and it's Contributing Members and Affiliates.

Please read this agreement ("agreement") in its entirety before you continue to use this web site or download any image. By clicking the "I Accept" button or checkbox, you agree to be bound by the terms of this agreement. If you do not agree to the terms, discontinue using the site(s).

Ownership of this Website
This website is owned and operated by MYLOUPE and may be accessed at the website address MYLOUPE.COM or via a link at the website address of one of our MYLOUPE Member Sites. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, illustrations and software ("Content"), is owned by MYLOUPE, its licensors and its content providers.

Protection of Intellectual Property
All elements of MYLOUPE's website, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress and other United States or other international treaties relating to intellectual property. Except as explicitly permitted under this or another agreement with MYLOUPE, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of MYLOUPE or its licensors unless otherwise expressly agreed.

"MYLOUPE.COM" ,"MYLOUPE" and the MYLOUPE logo, are trademarks of MYLOUPE and may be registered in some countries.

Permitted use the Content on This Website
Images, other than watermarked images, may only be downloaded and used once you have entered into a license agreement and paid the relevant fee. Their use is then governed by the terms of the license and the rights granted in the invoice. Watermarked images may only be used for internal "comps" and layouts. You may not use these Images in any final project distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, MYLOUPE grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images.

MYLOUPE will only issue non-watermarked images for "comps" or layout purposes only after a separate agreement is entered into.

Restrictions as to Use
The following uses are prohibited:

• Use of the Images beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
• Use of the Images in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
• Use of the Images in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
• Use of an Image that implies endorsement of a product or service unless you determine that any required releases have been secured for all recognizable individuals and private property depicted in the Image.

Model and Property Releases
It is your responsibility to determine that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured. You specifically indemnify MYLOUPE, their employees, assigns, advertisers and contributors in any lawsuit that is a result of your usage of any Image.
MYLOUPE gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.
MYLOUPE gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.

Privacy
If you authorize us to send you promotional materials, we may do so using either the email or the mailing address you provided in the registration form. From time to time we may notify you of special promotions, new products or services, or other information that may interest you.

Should you not wish to receive this type of information, you will be able to express this desire by unchecking the "Receive special offers via email" in the "My Account" section of this website. Thereafter you will be removed from our email list.

If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the "My Account" section of this website.

About Cookies
When you visit the MYLOUPE website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.

Cookies enable this website to recognise the information you have consented to give to this website, such as the Lightboxes you have created. Cookies will allow you to, access Lightboxes, Add items to a Cart and view your previous invoices and downloads.

We do not use cookies to track anything before or after leaving the MYLOUPE website.

Cancellation Policy
Cancellation and refund may be requested for reason of defectiveness. Defectiveness is defined as a damaged or corrupt digital file or a digital file that has excessive scanning artifacts. Condition of defectiveness must be reported to MYLOUPE within ten (10) business days after the invoice date and the digital file in question residing within the User's download directory must confirm the claim of defectiveness. If file in the customers download directory is found to be defective customer will be offered their choice of a non-defective replacement or a refund of the licensing fee and cancellation of the rights granted for that image.

Links To Third Party Sites
Any linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

General Disclaimers
Myloupe gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any images, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. MYLOUPE and it's Contributors identified the caption for each images to the best of their ability, but cannot be held responsible for erroneous or incomplete caption information. No model releases or other releases exist on any imagess unless the existence of such release is specified in writing by MYLOUPE.

Digital files are provided "as is."

MYLOUPE makes no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, quality of images, or compatibility with any computer hardware or other equipment, operating system or software program. Myloupe makes no representation or warranty that the use of the site will be uniterrupted or error free. The use of this site is at your own risk.
You may have additional rights under some state laws.

Limitation of Liability
Under no circumstances will MYLOUPE or the owner of the images be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this site or from your access or use of the imagess on this site. In any event, the limit of liability of the copyright owner of the images and MYLOUPE shall be the fee paid for the images to MYLOUPE.

Indemnification
You agree to indemnify and hold MYLOUPE, its officers, director, employees, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of any Images or any breach of this agreement.

Governing Law and Jurisdiction
This Agreement shall be interpreted in accordance with the Laws of the State of Illinois without regards to the laws regarding conflicts of law. The Parties hereby agree to submit to the exclusive jurisdiction to the Courts of federal or state court located in the State of Illinois, Cook County.

This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.

We reserve the right to change these Terms, the Security & Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between MYLOUPE and you relating to your use of this website.

No action of MYLOUPE, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms or Security & Privacy Policy. Should any clause of these Terms or Security & Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.