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Terms of Service
Your use of the KeenImages website requires that you agree to the following terms
of service. If you do not agree with these terms of service, you should leave
this Website immediately.
AcceptanceKeenImages (the "Website" or "We") provides its services or products (the "Product or Service"), to you (the "User" or the "Member" or "You") subject to the following Terms of Service, which may be updated from time to time with or without notice. By using the Service, You agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to this Website, Product or Service provided by KeenImages. Please read this document carefully, as it is intended to protect You and to ensure that KeenImages is safe for everybody.Persons under the age of eighteen (18) years old are not permitted to register for membership with this Website. By registering, You certify that You are at least eighteen (18) years old. You agree that all information You provide during the registration is accurate. We reserve the right to terminate Your membership without notice if we learn that You have violated these Terms of Service or any other guidelines and rules published by KeenImages. Any such termination shall be in our sole discretion. This Website is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes Your agreement to all such terms, conditions, and notices. The right to use this Website and any other Product or Service offered by KeenImages, is personal to You and is not transferable by assignment, sublicense, or any other method to any other person or entity. Nature of ServiceKeenImages is the outlet of stock images. We enable photographers to sell the photos on the royalty-free basis for use by publishers of books, catalogs, calendars, guides, websites, advertisement, or any other media. Both photographers and photo buyers can become Members of the Website. Unless otherwise noted, these two types of Members are refered to as Photographers (or Contributors) and Photo Buyers.We provide this Website to make Photographers' photos available for sale. KeenImages only hosts and markets these photographs, we never buy them to resell for profit, and our Photographers keep the ownership and copyright of all their images. KeenImages acts as the processor of the payments for image licenses and maintains records of all sales. Proceeds for the sales are paid to Photographers in accordance to terms outlined in the Payments section of this document. We provide Photo Buyers the ability to post photo requests enabling them to locate photos for their specific needs. Photographers can view and respond to these requests by posting photos. Additional services to Photo Buyers are subject to change without notice. We collect the one time account activation fee for registering as a Photo Buyer. The fee is subject to change without notice. Registration, Privacy, Member Information and Use of Membership InformationCertain of the Products and Services will require the User to register and provide certain data. Member shall provide KeenImages with true, accurate, complete, and updated information as to his or her name and email address during the registration process. Members also hereby agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. No Member may:
As You navigate through this Website, KeenImages may collect some personal information, either by asking You to tell us something about yourself or by using data-tracking tools which collect and/or track information which can include, without limitation, Your home server domain name, type of computer and web browser that You use, as well as information concerning what pages you access (individually or collectively, "Information"). Information collected by KeenImages will be used by KeenImages for statistical, feedback, marketing and promotional purposes as well as for Product development and Website content improvement. You agree that we may disclose to third parties certain aggregate information contained in Your registration form or Member's profile or "About Me", but that we will not disclose Your particular name, email address or any other personally identifying information without Your prior authorization except as required by law. (For more details, please see our Privacy Policy). You allow KeenImages's employees ability to access Your membership information, on a case by case basis, to provide customer service and support, or to investigate complaints or other allegations of abuse. KeenImages shall not disclose the existence or occurrence of such an investigation unless required by law. Member AccountYou will choose a password during the registration process, this password is used for authentication purposes to access the member-only areas of our Website. Member acknowledges that his or her right to use this Website and other Products or Services offered by KeenImages is personal to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Member's right to use this Website is void and shall constitute a breach of this document.Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event Member has reason to believe that a third party has access to Member's account, Member shall immediately change account password by going to the "Member Information" page located under the "My Account" area of this Website and following the directions listed and, if any such problem persists, notify KeenImages (by emailing ). After registering, Photographer is expected to furnish samples of the Photographer's works. Upon review and approval of the samples, the Photographer's account is authorized to make contributions to the website. In the event of rejection of samples, the Photographer's account will not be approved and may be closed at any time whenever KeenImages may find necessary. KeenImages is doing everything to prevent the data loss. In the unlikely event of computer systems' failure causing unrecoverable loss of digital images in Photographer's account, KeenImages will not be responsible for any kind of damages the Photographer could sustain as the result of such data loss. Photographer is solely responsible for keeping backed up copies of all files submitted to KeenImages and will be given an opportunity to resubmit any digital images that could have been lost in the event of data loss. PaymentsKeenImages agrees to pay Photographer a portion of the fees collected in regards to sales of digital images submitted to KeenImages website by Photographer. The portion of the fees due to Photographer is defined as the Rate, which is set to 50% (fifty percent) of the sale price of each image that has been sold provided the sale was not nullified or refunded for any reason. Photographer acknowledges that the Rate is subject to change in the sole discretion of KeenImages. In the event of the Rate change, We will provide a notice in advance by posting such changes on the Website.KeenImages will make payments of fees due to Photographers in regards to sales of the digital images during the first and third week of every calendar month provided payable amount aggregates a minimum of US$50.00 or more, as specified by each Photographer. Any sales proceeds not reaching the minimum will be retained until they exceed such minimum, or the Photographer's account expires, whichever comes first. Before compensation for each new sale becomes eligible for payout, the 30 day holding period must elapse. KeenImages reserves the right to collect surcharge in the amount of US$1.00 for processing payouts sent by mail. KeenImages agrees to process payouts free of surcharges when Photographer elects to recieve payments via PayPal service. Processing surcharges are subject to change without prior notice. KeenImages is entitled to make adjustments and corrections against any amount owing to Photographer in the events of, but not limited to resolution of any matter which is the subject of a representation, warranty or indemnity of Member under this Agreement, any refunds of any feeds or payment chargebacks in regards to images submitted by Photographer, and cancellation of prior sales for any reason in regards to images submitted by Photographer. Submissions to the WebsiteA. DIGITAL IMAGES - By submitting any digital image files through this Website, You warrant and represent that You own or otherwise control the legal rights necessary to sell these digital images. Any violations of this rule may result in immediate termination of Your account. By submitting digital image files to KeenImages Website You are authorizing KeenImages, its employees and affiliates, to store, resize, copy, distribute, transmit, display, reproduce, transfer, access these files on the KeenImages Website and any computer systems owned or rented by KeenImages for any purposes we in our sole discretion, find necessary, which include but not limited to, normal Website operation, automatic or manual image manipulations such as resizing for internet viewing, cropping, annotations, and using images to promote KeenImages. Additionally, by submitting any digital image files to the Website, You are granting KeenImages the right to sell Your image files on Your behalf on the royalty-free basis and granting the buyer of image files the rights to use them according to the terms defined in the Royalty-Free Commercial Use License Agreement that is available at http://www.keenimages.com/Home-ComLicenseAgreement.cfm, or Royalty-Free Editorial Use License Agreement that is available at http://www.keenimages.com/Home-EdiLicenseAgreement.cfm, as applicable for each image. Submission of any images containing revealing nudity is strictly forbidden. Furthermore, all submissions must comply with Submission Rules that can be found at http://www.keenimages.com/Photos-Rules.cfm. We reserve the right to remove any image that we at our sole discretion, find offensive, violating the terms of this agreement or submission rules, or inappropriate in any other way.B. FEEDBACK - Any comments or information that You provide to the Website, for example testimonials, feedback about content, suggestions, ideas, concepts, questions, requests, or other information (collectively "Feedback"), is not deemed confidential and KeenImages is free to reproduce, use, disclose, and distribute Feedback to others, without any limitation. You agree that KeenImages is free to use Feedback for any purpose whatsoever, including without limitation, developing and marketing services incorporating Feedback without any obligation or payment to You. C. PHOTO REQUESTS - Any photo requests You may choose to submit to this Website become property of KeenImages and treated as public information that may be associated with Your account and Your name. By submitting photo requests You certify Your intention to locate digital images that satisfy the requirements in the body of Your request, and Your willingness to purchase the license to use the submitted images if they are deemed satisfactory to Your requests. You are under no obligation to purchase photos submitted for Your photo requests or otherwise presented at KeenImages. Photo requests may be removed from the Website after they get closed or expired. This section is inapplicable to any personally identifiable information that You provide in connection with Your registration for our Service(s) with the exception of the first name, last name and Username, which are treated as public or non-personally identifiable information and therefore can be used according to the rights outlined above. For terms and conditions governing use of other registration information, please refer to our Privacy Policy at http://www.keenimages.com/Privacy.cfm. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms of Service concerning use of such information. Personal and Non-Commercial Limitation of UseUsers may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any contents, including any elements of this Website's code, design and Member-submitted digital images, of this Website unless it was specifically designated as purchasable content and purchased via KeenImages.Commercial Limitation of UseUse of digital image files purchased via KeenImages complies with the rules set forth in either the Royalty-Free Commercial Use License Agreement that is available at http://www.keenimages.com/Home-ComLicenseAgreement.cfm, or Royalty-Free Editorial Use License Agreement that is available at http://www.keenimages.com/Home-EdiLicenseAgreement.cfm, as applicable for each image.Disclaimer of Warranties and Limitation of LiabilityA. MEMBER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT HIS OR HER SOLE RISK. NEITHER KEENIMAGES.COM, ITS AFFILIATES, CONTEND PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS, SERVICES, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.B. THIS WEBSITE AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT KEENIMAGES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER. D. IN NO EVENT WILL KEENIMAGES.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, ADMINISTERING, OR DISTRIBUTING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ITS SERVICES OR PRODUCTS, OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE. E. KEENIMAGES.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL KEENIMAGES.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEBSITE OR PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE. F. KEENIMAGES.COM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL KEENIMAGES.COM, ITS AFFILIATES, PARTNERS, AND CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (a) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (b) THE DOWNLOADING OF ANY FILES OR SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE. H. MEMBER AGREES THAT THE LIABILITY OF KEENIMAGES.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE INFORMATION IN THIS WEBSITE SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO KEENIMAGES.COM FOR USE OF THIS WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER. IndemnificationMember agrees to indemnify and hold KeenImages, its staff, its agents and its contributors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of this Website or from Member's violation of these Terms of Service or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive these Terms of Service and Member's use of this Website.Links to Third-Party SitesThis Website may contain hyperlinks to other Websites operated by parties other than KeenImages, and other resources and advertisers. Such hyperlinks are provided for Member's reference only. Since KeenImages has no control over such sites and information, we are not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Our inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall KeenImages be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. KeenImages is not responsible for the accuracy, legality, decency or copyright compliance of material contained in sites linked from this Website.Copyright, Trademarks and Limitations of UseThe information and content included on this Website, including without limitation, text, graphics, images (except submitted by our Members), animations, computer programs, data, designs, logos and button icons, and its arrangement is the property of KeenImages or its licensors or contributors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Website may be displayed, reformatted, and printed for Member's personal, non-commercial use only. User agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information or content received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written permission from KeenImages.Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of KeenImages, ASE Research Corp. or its clients. The mark "KeenImages" and the contents of this Website (except submitted by our Members) are the sole property of ASE Research Corp. Reproduction in whole or in part is strictly prohibited without explicit written permission. KeenImages is a trademark of ASE Research Corp. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, ASE Research Corp. Content submitted to this Website by any Member is assumed to be a copyrighted property of a Member who submitted it. KeenImages cannot be held responsible for any issues that may arise due to possibility of any copyright infringements or other violations by the Website's Members. Modification of These Terms and ConditionsKeenImages shall have the right at any time to impose, change, or modify the terms and conditions applicable to Member's use of this Website, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access the Website. KeenImages shall have the right at any time to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may or may not be given by means including, but not limited to, posting on the Website a revised version of this document, and notification by electronic or conventional mail. If any such change is unacceptable to Member, Member may terminate his or her membership account as provided in the section below. Any use of this Website after such notice (other than to terminate membership pursuant to the section below) shall conclusively be deemed to constitute acceptance by Member of such changes, modifications, additions, or deletions.User agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services. RefundsWe are striving to provide our customers with the best service, however if for any reason a customer is not satisfied, a refund of the fees paid to Us in regards to use of digital content can be requested.a) Once the Photo Buyer's account has been activated, We will accept the Photo Buyer's claim for refund of activation fees within 14 calendar days after the fees were collected. After the refund is processed, the Photo Buyer's account will be terminated. b) Once the digital image or any other content has been purchased from KeenImages under the Terms of Commercial Use License Agreement or Editorial Use License agreement, We will accept the buyer's claim for refund of fees paid for the digital content within 14 calendar days after the payment was processed, provided the buyer has not made any licensed use of the Image. After the refund is processed, the buyer must immediately remove all copies of the image obtained from KeenImages. Refunds void the royalty-free use license immediately. As a reminder, there are severe legal penalties for unauthorized use of copyrighted images or any other digital content. To claim a refund of fees paid within the last 14 calendar days, send your refund request to or notify KeenImages via web support request form at http://www.keenimages.com/Help-ContactUs.cfm If refund is requested by e-mail, be sure the e-mail message originates from the same address you registered with us and you include your username with your request. Termination1. Any registered Member or KeenImages may terminate the membership at any time. KeenImages will exercise its right to terminate memberships only (a) in the event of violation of any Terms of this agreement; (b) as the result of consistent and severe abuse of Photo Submission Rules; (c) for acting against the business interests or reputation of KeenImages; (d) otherwise acting unlawfully in relationship to KeenImages or our partners. In most cases, KeenImages will attempt to warn a member via e-mail about member's actions before terminating membership.Member's only right with respect to any dissatisfaction with
a) sending email to: or b) notifying KeenImages via web support request form at http://www.keenimages.com/Help-ContactUs.cfm and request termination of Service. Upon termination, no fees or monies paid by Member to Website will be refunded unless termination is initiated by Member within the time period qualifying for refunds (see Refunds section), and all digital photographs submitted by Member to our servers will be deleted, regardless of the side initiating the act of termination. Member's notice of termination will be effective upon receipt by KeenImages. We have no obligation to provide Member with notice of termination or refund. 2. This Site reserves the right to refuse Service to anyone or any company for any reason. If the Site refuses to provide its Service to a registered Photographer, We will pay out any outstanding photo sales proceeds. If the Site refuses to provide its Service to a registered Photo Buyer, We will issue the Photo Buyer a refund for the cost of all account activation fees the Photo Buyer paid to Us. 3. The terms of the sections of these Terms of Service entitled "Copyright, Trademarks And Limitations of Use" and "Disclaimer of Warranties and Limitation of Liability", shall remain in effect after these Terms of Service have been terminated. EquipmentEach Member shall be responsible for obtaining and maintaining all telephone or network, computer hardware and other equipment needed for access to and use of this Website, and Members shall be responsible for all charges related thereto.PrivacyPersonal data provided by each Member to KeenImages will be used only in connection with Services provided on this Website and will not be given to others. We use Your personal data for statistical reports and for the purpose to make improvements to the Website and Service. Please review our Privacy Policy for more information. |
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